chadachada123 said:
Harrowdown said:
I kinda get what you're saying, but when minors are tried as adults, it's because they're judged to be morally aware of their actions and of the consequences. Youth isn't generally taken as an alleviating factor if the defendent knows exactly what s/he was doing. It's different in statutory rape cases. Whomever the victim, the offender is still accountable for they're actions. Besides, courts aren't in the habit of passing these sorts of judgements against victims, especially in sexual offense cases. I mean, a court excusing an offender because the victim was 'mature' is a little like excusing rapists because the victim was known to be promiscuous or something.
I concede to the first point, that it's different to judge the suspect as mature enough to be judged, than to judge the victim as mature enough to consent.
The second, however, I must politely disagree with. If the "victim" claims that he/she wasn't victimized, and no coercion/black-mailing can be seen, then I don't believe that it should be a chargeable offense. If the kid wants it and isn't provably emotionally harmed, it's hardly appropriate to call him a "victim." In this case, it would be the victim petitioning the judge to have the "victim" label removed from him/herself, not excusing the suspect unless the victim wants the suspect excused. Your example would have the judge not taking the "victim's" wishes into account.
If the victim didn't consider themselves a victim, then surely they wouldn't press charges in the first place. Yes, i'm aware that in this case it was the parents that charged, or at least I think it was. I forget. Nevertheless, as I pointed out before, minors are *generally* seen as unable to consent to adults, so the childs guardians are within their rights, or even obliged, to press charges. It would have to be a very special case indeed for a court to ignore parental right in favour of the kid. As the law is now though, I guess the kid could try and get emancipated from their parents. If you're unaware, an emancipated minor is an underage individual whose been freed from parental control. Not sure if age of consent laws would apply or not to an emancipated minor, but they're given full independence in most other matters. As complicated as this would make the whole situation, it's surely better than introducing some other legal exception, despite the fact that the minor in almost every case is going to be judged a victim.
On a side note, i've been reading up on the law regarding these sorts of cases. In America, where this case took place, there's what's called 'romeo and juliet' laws in some states, put in place to soften sentencing in cases where the couple are only a few years apart, despite being on either side of the age of consent. The example from texan law specifies i believe, that the minor be 14 or over, which in this case he is, and that the age difference be no more than 3 years, which it certainly is not. There's also the issue of the offender in this case being in a position of trust. I believe the law in America, as does the law in the UK, specifies that a person over the age of 18 violates their position of trust by having sex with an employee/student/charge etc, under the age of 18.
It's occured to me that we may be from different countries with radically different social norms with this sort of thing. I'm British, and the law here states 16 or over. Yourself? I ask because this debate will go a lot easier if we're aware of the social contexts we're both arguing out of.