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NEWS: San Diego Police Arrest 29-Year-Old Male in Alleged Assault on Comic-Con Cosplayer


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kanechin



Joined: 21 Jan 2012
Posts: 447
PostPosted: Sat Aug 02, 2014 5:14 pm Reply with quote
this is why you don't do this **** in public. Do what the racist rich guys do, behind closed doors.
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Cutiebunny



Joined: 18 Apr 2010
Posts: 1746
PostPosted: Sat Aug 02, 2014 5:24 pm Reply with quote
I'm rather curious that a minor's parents allowed her to date an adult, and not just a guy that just turned 18, but a 29 year old adult. Where were they in all this? Were they aware that their daughter was dating a much older man? If not, why not? And if they did know about the relationship, did they think that it was acceptable? The minor has stated that they had a sexual relationship. Why wasn't he prosecuted prior to this?

I do think the parents of this minor need to take responsibility here. Obviously, it's not your fault that your daughter was raped, but it is your fault as a parent if you knew about this relationship and did nothing to stop it. While decade + age differences aren't so detrimental when both parties are consenting adults, they are when one person is a minor.
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Tempest
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Joined: 29 Dec 2001
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PostPosted: Sat Aug 02, 2014 5:24 pm Reply with quote
Mikeski wrote:

Jeez. Then ANN should have cropped her out of the picture entirely, not just blurred her face. Linking an innocent third party to this situation (given how easy reverse image search is) is not good form.


I agree and I'm going to use my executive privileges to have her picture removed from the articles already posted, as well as subsequent articles. It will take a few hours though as I am ethically barred from making that kind of edit myself.

There was a legitimate reason to include a semi-recognizable image in the first article as, at that time, the police were asking people with information to come forward. Showing a picture of the costume would help potential witnesses realize that they had seen a person in that costume that night (describing it as a "Female Roger the Rabbit costume" would not have been as effective as the picture.

That said, the teen herself has already publicly stated that she is the person involved in several very public forums, and her parents have released a statement about the issue. For all intents and purposes, it is my opinions that she and her legal guardians may waived any right to privacy. Therefore the legal and ethical requirement to avoid identifying her is vastly diminished. While we won't name her, we most likely wouldn't get in trouble legally if we did.

-t


Last edited by Tempest on Sat Aug 02, 2014 5:31 pm; edited 1 time in total
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Dynamo-



Joined: 02 Aug 2014
Posts: 80
PostPosted: Sat Aug 02, 2014 5:26 pm Reply with quote
^Good idea.

Keiichi-chan wrote:


Quote:
It's kind of funny, if she didn't fall off a fence none of this would have happened... And I could go randomly kill someone and it would be a lesser crime in many states.

i agreed with you up to this point..i don't think MURDER is a lesser crime than rape in any state. it sucks for the photographer, because he seems to be forthcoming and doing the right thing; he was even concerned about the girl on his facebook page and asked any witnesses that knew what happened to help the police's investigation.

his jailbait girlfriend's reckless actions sorta threw him under the bus. that's the risk you run when you date immature, underage girls, though.


I should have clarified. Many degrees of homicide have a pretty light sentence. Many second degree homicides get 4-5 years. (LA seems to do this a lot)
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Tempest
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PostPosted: Sat Aug 02, 2014 5:46 pm Reply with quote
Keiichi-chan wrote:
it does sound like they broke up, she got really drunk and hurt herself by accident.


Or perhaps he plied her with alcohol and/or spiked her drinks in order to get her inebriated enough that she would "consent" ?

We can play the speculation game all day.

But we shouldn't assume that any speculation is true. Perhaps Kalior is a really nice guy and honestly had no responsibility in all of this (perhaps he didn't even know she was drinking alcohol at the party and assumed she was "behaving"), or perhaps he's the devil-incarnate. The truth is probably somewhere in between, and I think it's rather premature to feel either sympathy or hatred towards him.

-t


Last edited by Tempest on Sat Aug 02, 2014 6:34 pm; edited 1 time in total
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Tempest
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PostPosted: Sat Aug 02, 2014 5:48 pm Reply with quote
KPhilipsen wrote:
They've charged Justin Kaillor with "sexual contact with a minor" not "sexual assault".


He hasn't been charged yet. They have forwarded or will be forwarding the charges to the DA, and it is up to the DA to decide whether to press charges.
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tygerchickchibi



Joined: 29 Sep 2006
Posts: 1448
PostPosted: Sat Aug 02, 2014 6:52 pm Reply with quote
Honestly, I read the sources from TheMarySue and Polygon and it didn't match up as much as the information from NBC news.

So, I've just been using NBC as a source point because there were a lot of mixup of information.

That said, That Kailor guy, I feel kinda bad for him, but that's the risk with dating an underage girl, no matter if you get parents approval or not, doesn't stick with the law, eh.... Neutral

In any case I'm glad he hadn't had anything to do with the assault, but still...

With the information posted, people still think they're trying to cover up a rape case... =/
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KH91



Joined: 17 May 2013
Posts: 6176
PostPosted: Sat Aug 02, 2014 7:34 pm Reply with quote
And who ever is in charge of comments had the nerve to remove my comment, which this new update confirms my comment was right.
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insert name here



Joined: 27 Jul 2011
Posts: 84
PostPosted: Sat Aug 02, 2014 8:06 pm Reply with quote
Since people seem to be offering unsolicited advice to young women attending cons, let me offer some to the one who needs it here: Mr. I-Thought-She-Was-20. If you're pushing 30 and you're messing around with girls who claim to be borderline 20, you're asking for trouble.
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KPhilipsen



Joined: 01 Aug 2014
Posts: 15
PostPosted: Sat Aug 02, 2014 8:58 pm Reply with quote
You may not know this but both the American and Canadian legal systems are based on the English system of Common Law. While there are many differences a lot of the central concepts are similar. =)

EyeOfPain wrote:
KPhilipsen wrote:
I'll have to look into California's legal codes more specifically but how consent and alcohol work in Canadian/common law court, that I'm familiar with, there is a very clear differentiation between being tipsy and passed out.
Canada != California

You are a fool for trying to argue on the laws of one, while only understanding the laws of the other.
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KPhilipsen



Joined: 01 Aug 2014
Posts: 15
PostPosted: Sat Aug 02, 2014 9:17 pm Reply with quote
"As defined under California law, rape is non-consensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress.

Unlawful sexual intercourse with a minor (statutory rape) occurs when the victim is considered incapable of giving legal consent because they are 17 years old or less, even if the intercourse is consensual."

Actually, they are two different charges entirely and not automatically conferred to my knowledge.

http://www2.ucsc.edu/title9-sh/whatissa.htm
TarsTarkas wrote:
KPhilipsen wrote:
By all means a rape claim is not needed but I would think that if one had been made, as claimed, that the police should charge the individual in question. I'm actually kind of shocked that this isn't the case. If anyone has a screen shot of this claim it should be as cut and dried as copying and sending it to the police. Somebody should do this!

Absolutely the individual in question would and should go to jail if proven guilty for any offence. I do however think the differences between statutory rape and sexual assault do matter both for legal implications for the individuals and ramifications and changes that should be made by convention organizers. Whether or not a SDCC con goer was raped or whether they had consensual, if underaged, sex at the convention has legal, regulatory and safety ramifications.

Absolutely, providing alcohol to a minor is illegal and would show intent.


Since a minor cannot give consent in any form, any sexual contact is rape. It is also statutory rape, since she is a minor.

The police can charge him with both, if they want too. Also, if there isn't an actual rape charge against him now, they can always add it on later if they want to. This is nothing new. This is done alot, lesser charges that are easier to prove are made first, and then more serious charges added when the evidence and witnesses come in.

Really, don't see what the convention should do. It is like saying McDonalds needs armed security guards, just in case, one customer assaults another customer. As it stands now, lots of public consumer centric businesses fire their employees for trying to help their patrons.

But hey, if the American public wants armed security guards in every room, every hallway, every bathroom, and every patio, who am I to say different. Just be willing to pay for it when your average convention ticket jumps over the hundred dollar mark.
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Alunimus



Joined: 08 Jan 2012
Posts: 117
PostPosted: Sat Aug 02, 2014 11:06 pm Reply with quote
Cutiebunny wrote:
Where were they in all this? Were they aware that their daughter was dating a much older man? If not, why not? And if they did know about the relationship, did they think that it was acceptable? The minor has stated that they had a sexual relationship. Why wasn't he prosecuted prior to this?
Why can't people have sexual relationships only depending on their age? If person knows what sexual relationship is then what's the problem? All these words about any contact with minor being rape are no more than a hypocrisy.
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Rensie



Joined: 02 Sep 2011
Posts: 251
PostPosted: Sun Aug 03, 2014 1:38 am Reply with quote
Lol america, if a girl has sex with a guy but she is 17 y old and 363 days is rape even if is consensual, if he is 18 and 1 day is ok, lol.

Praise the gods i'm not born in this sick and hypocrital country (in my country 14 y old can have sex with a 18+ guy if is consensual, no one cares).

ps: ohhh, not to mention people get arrested for sending self naked image to the girfriend/boyfriend and marked for the entire life as sex offender, or people arrested for own hentai manga, ah ah ah, it make me laught so hard. Laughing Laughing Laughing
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potatochobit



Joined: 26 Aug 2009
Posts: 1373
Location: TEXAS
PostPosted: Sun Aug 03, 2014 2:06 am Reply with quote
Alunimus wrote:
Why can't people have sexual relationships only depending on their age? If person knows what sexual relationship is then what's the problem? All these words about any contact with minor being rape are no more than a hypocrisy.


I don't know man, why can't we smoke marijuana in high school? (oh wait)

if a person is NOT an adult then they dont have the LEGAL RIGHT to make ADULT choices. Arguments like these are why I need a pet rock.
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Hawkwing



Joined: 24 Apr 2011
Posts: 317
Location: Sweden
PostPosted: Sun Aug 03, 2014 2:50 am Reply with quote
Cutiebunny wrote:
I'm rather curious that a minor's parents allowed her to date an adult, and not just a guy that just turned 18, but a 29 year old adult. Where were they in all this? Were they aware that their daughter was dating a much older man? If not, why not? And if they did know about the relationship, did they think that it was acceptable? The minor has stated that they had a sexual relationship. Why wasn't he prosecuted prior to this?

I do think the parents of this minor need to take responsibility here. Obviously, it's not your fault that your daughter was raped, but it is your fault as a parent if you knew about this relationship and did nothing to stop it. While decade + age differences aren't so detrimental when both parties are consenting adults, they are when one person is a minor.


Does it matter?

I assume you wouldn't mind if she was 18 and the suspect would be 30.
We're talking about a 17 year old, not a 10 year old. She's already an adult and certainly mature enough to make her own decisions.

Don't get me wrong, rape is a horrible offence. But rape happens to adults as well and therefore I don't think it's appropriate to compare a consenting relationship with a rape offence. Now if the law doesn't allow consenting sex between parties under the age of 18, then he should be fined. But what they're dealing with is rape, which shouldn't be taken lightly.

Tempest wrote:

I agree and I'm going to use my executive privileges to have her picture removed from the articles already posted, as well as subsequent articles. It will take a few hours though as I am ethically barred from making that kind of edit myself.

There was a legitimate reason to include a semi-recognizable image in the first article as, at that time, the police were asking people with information to come forward. Showing a picture of the costume would help potential witnesses realize that they had seen a person in that costume that night (describing it as a "Female Roger the Rabbit costume" would not have been as effective as the picture.

That said, the teen herself has already publicly stated that she is the person involved in several very public forums, and her parents have released a statement about the issue. For all intents and purposes, it is my opinions that she and her legal guardians may waived any right to privacy. Therefore the legal and ethical requirement to avoid identifying her is vastly diminished. While we won't name her, we most likely wouldn't get in trouble legally if we did.

-t


Has the court delivered the final verdict of this case yet?

If not, then ANN should remove the image of the suspect as soon as possible. I'd say ANN should respect the integrity of both parties, what happened to the "innocent until proven guilty"?

I'm greatly dissapointed in ANN for violating basic human rights.
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