NationStates Jolt Archive

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

By the way, women's lib is bullshit.

A woman has never committed rape.

There ya go.

Yeah, it is strange.

On a sidenote, all rapists should be castrated, regardless of age or gender.

A woman has never committed rape.

There ya go.
Care to back that up?
Ever hear of roofies? Date rape drugs? Women use them too, amigo. Wake up, get to know the real world.

On a sidenote, all rapists should be castrated, regardless of age or gender.
Agreed.

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

By the way, women's lib is bullshit.
Erection implies consent.

Well recently a woman was convicted of rape in my state (Ohio) because she forced a cucumber up a guy's ass against his will.

Well recently a woman was convicted of rape in my state (Ohio) because she forced a cucumber up a guy's ass against his will.

Eew! :eek:

A woman has never committed rape.

There ya go.

They have. Look it up.

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

By the way, women's lib is bullshit.

How the hell could a 14 y/o guy be charged with statutory rape of a 16 y/o girl? Are you sure about that one?

There was a recent case in Florida of a 23-year-old school teacher facing charges connected to her sexual relationship with a 14-year-old male student. I don't recall precisely what the charge is, but she's facing up to 30 years in jail.

How the hell could a 14 y/o guy be charged with statutory rape of a 16 y/o girl? Are you sure about that one?
Yeah, in statutory rape cases where both are minors all they care about is the age of the girl.

Erection implies consent.

Its not a conscious decision. While under most circumstances most men wouldn't claim rape if the woman was able to turn them on, in cases of religious reasons/ girlfriend will kill you if you have sex with other women there seem to be exceptions.

Yeah, it is strange.

On a sidenote, all rapists should be castrated, regardless of age or gender.

Unless you're talking about FGM, how do you castrate a woman?

How the hell could a 14 y/o guy be charged with statutory rape of a 16 y/o girl? Are you sure about that one?
That has actually happened. And legally, any male who has sex (consensual sex) with a minor can be charged if the parents/guardians of the girl so wish. Depending on the state's age of consent, anyone can be charged.

Yeah, in statutory rape cases where both are minors all they care about is the age of the girl.


Well thats just crazy. Wow. Seems like they should just scold the two kids and make them watch videos of live births and call it a day.

Anyone have a link on that law or particular situation?

Yeah, it is strange.

On a sidenote, all rapists should be castrated, regardless of age or gender.
Killed works better, at least for those who commit forcible rape.

Unless you're talking about FGM, how do you castrate a woman?

I'd describe it, but I don't want to get deated.

There was a recent case in Florida of a 23-year-old school teacher facing charges connected to her sexual relationship with a 14-year-old male student. I don't recall precisely what the charge is, but she's facing up to 30 years in jail.
Statutory rape with an individual from 14-16 gets you 20 years minimum. 30 is possible.

I'd describe it, but I don't want to get deated.

then tg it to me cause i have to hear this.

Yeah, in statutory rape cases where both are minors all they care about is the age of the girl.

You sure? I know a lot of minors who have sex with eachother, and they're pretty sure it only applies if one is under 18 and the other isn't. They won't care if they're breaking the law, but they would like to know.

That has actually happened. And legally, any male who has sex (consensual sex) with a minor can be charged if the parents/guardians of the girl so wish. Depending on the state's age of consent, anyone can be charged.
I don't think that works in Illinois currently, instead we still have the crime of "fornication", although I don't know the last time anyone was actually charged with it.

Statutory rape with an individual from 14-16 gets you 20 years minimum. 30 is possible.
And if the individual is 12 or younger, the death penalty becomes a possibility.

I'd describe it, but I don't want to get deated.

You can at least say if its FGM (female circumcision, done in Africa) or scooping stuff or what

Well thats just crazy. Wow. Seems like they should just scold the two kids and make them watch videos of live births and call it a day.

Anyone have a link on that law or particular situation?
Well, I can quote SC state law. That's where I live, you see.
According to SC state law, "A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age."

I don't think that works in Illinois currently, instead we still have the crime of "fornication", although I don't know the last time anyone was actually charged with it.
Ah. Well, I have to admit that I am not very familiar with the code of laws of other states. Merely that of SC. I suppose I should have qualified my original post.

SECTION 16-3-659. Criminal sexual conduct: males under fourteen not presumed incapable of committing crime of rape.

The common law rule that a boy under fourteen years is conclusively presumed to be incapable of committing the crime of rape shall not be enforced in this State.


SECTION 16-3-655. Criminal sexual conduct with minors.
(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

By the way, women's lib is bullshit.

First of all, the majority of rapes are committed by males on females or men on children. Second of all, women do get prosecuted if they're caught...you just don't hear about it much because it is so rare.

I do agree that how they handled Mary Kay Letournou (sp?) for the statutory rape she committed on that kid she slept with was BS. She should have gotten the max time in prison.

You sure? I know a lot of minors who have sex with eachother, and they're pretty sure it only applies if one is under 18 and the other isn't. They won't care if they're breaking the law, but they would like to know.
In most cases no charges are pressed and no one is prosecuted because the girl's parents are not so pissed off as to have the offender locked up for decades.

SECTION 16-3-659. Criminal sexual conduct: males under fourteen not presumed incapable of committing crime of rape.

The common law rule that a boy under fourteen years is conclusively presumed to be incapable of committing the crime of rape shall not be enforced in this State.


SECTION 16-3-655. Criminal sexual conduct with minors.
(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.


well damn.....

Care to back that up?
Ever hear of roofies? Date rape drugs? Women use them too, amigo. Wake up, get to know the real world.

Haha, yeh, but the thing is, you don't need to use those things to get a guy to fuck you.

You could be ugly as hell and just grab a man's penis and there you go.

Example: President Clinton.

Maybe he likes fat girls.

But I'm thinking it's more that she was there and willing.

Erection implies consent.
Could the same be argued of male on female rape where the victim exhibits physical signs of arousal? Involuntarily bodily reactions do not (legally or morally) necessarily idicate consent.

Erection implies consent.

Not really.....morning wood......or are you too old to remember

Woman may not rape, but they'll get pissed when you don't have sex with them.

http://www.thesun.co.uk/article/0,,2-2005013091,00.html

(Warning, a little...wrong. Men, clench yourselves ahead of time for this one)

Jenn Jenn... lol!
No argument.

However, I felt rather foolish for reading through the SC Code of Law of 1976 (last time it was published, although its appendixes are updated yearly) when I realized the entire thing was online. Stupid me.

Well recently a woman was convicted of rape in my state (Ohio) because she forced a cucumber up a guy's ass against his will.

my state it was their big toe.... I also agree with castration, but sodamised as well. Having been a victim myself...

And if the individual is 12 or younger, the death penalty becomes a possibility.

Wow, and if you kill somebody you'll only get about 7 years.

Jenn Jenn... lol!
No argument.

However, I felt rather foolish for reading through the SC Code of Law of 1976 (last time it was published, although its appendixes are updated yearly) when I realized the entire thing was online. Stupid me.
Hey look you live in South Carolina too.

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

By the way, women's lib is bullshit.

Women can be prosecuted for rape in California. What law school do you go to?

First of all, the majority of rapes are committed by males on females or men on children. Second of all, women do get prosecuted if they're caught...you just don't hear about it much because it is so rare.

I do agree that how they handled Mary Kay Letournou (sp?) for the statutory rape she committed on that kid she slept with was BS. She should have gotten the max time in prison.

There are a lot more rapes committed by women on men than you would believe, but most don't get reported because guys think getting raped makes them less of a man.

Women can be prosecuted for rape in California. What law school do you go to?
University of South Carolina's law school, actually.

Jenn, I didn't even notice you were from Greenville until now.

Women can be prosecuted for rape in California. What law school do you go to?
As I stated later, I should have qualified my statement to point out that my post applies only to South Carolina's Code of Law of 1976, as updated in 2004 by the General Assembly. Federal law doesn't really apply in this case, because each state has its own qualifications. My use of the term "American law" was flawed, and I corrected myself when I recognized my error.

There was a case in New York of a 12 year old girl being prosecuted for first degree rape for having consentual intercorse with a 9 year old boy.

Acording to New York law, having consentual sex with a minor under 11 is the same as first degree forcable rape.

The ironic thing is that the rape statute specificly states it isn't a crime if the age difference is less than 4 years. 12-9 = 3. Unless someone changed the rules of mathmatics and failed to tell me 3 < 4.

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape. Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Views, anyone?

well, you're totally wrong. we do have a set way to prosecute a woman for rape, minors can be charged with rape regardless of gender but i have never heard a single case of a minor being charged with COMMITTING stat rape, and females have been tried and convicted of rape many times in American history. if you were actually a law student, you would know these things.

By the way, women's lib is bullshit.
oh, i get it. pointless flame. hey mods, wanna just deet this now, and save us all the trouble of laughing at this douche for 15 pages?

Punishment for rapists:

http://img136.exs.cx/my.php?loc=img136&image=scissorsofdoom7pk.jpg

This has been a very interesting thread.

Lower your hackles, Bottle, and read a few posts above where he corrects his original statement. ;)

well, you're totally wrong. we do have a set way to prosecute a woman for rape, minors can be charged with rape regardless of gender but i have never heard a single case of a minor being charged with COMMITTING stat rape, and females have been tried and convicted of rape many times in American history. if you were actually a law student, you would know these things.


Here is a case of a 12 year old charged with statutory rape.

http://www.fathermag.com/news/rape/watertown.shtml

Well recently a woman was convicted of rape in my state (Ohio) because she forced a cucumber up a guy's ass against his will.

*shudders* *shudders repeatedly*

She should have gotten the max time in prison.Why?

What law school do you go to?Why are you people so naive?

Woman X could do it with her student, be jailed if she is in Arizona...and be free in Vegas...

QUESTION: is it a crime?
ANSWER: depends where you do it.

what state? what Country??

Stop asuming your stupid Local laws apply everywhere.

Yeah, it is strange.

On a sidenote, all rapists should be castrated, regardless of age or gender.


Amen to that.

I think the statutory rape laws vary by state??
Bingo !

Erection implies consent.
I disagree, a woman can have an orgasm and it can still be rape.

Killed works better, at least for those who commit forcible rape.

As opposed to consentual rape? :confused:

Erection implies consent.
I've read some of your previous posts and have had my doubts about you. This statement tears it. It's totally stupid. Erection and orgasm are physical reactions and have nothing to do with consent. Men get raped. :headbang:

my state it was their big toe.... I also agree with castration, but sodamised as well. Having been a victim myself...

Castration will only work if the rapist gets off on the sexual aspect and not the violence part.

I think they need to just be locked away for the rest of their lives.

:fluffle: I was also a victim of sexual assault. It sucks, I know.

A woman has never committed rape.

There ya go.
Not true. Women have been convicted of both rape and child molestation. Also the guy who started this thread is wrong. The law can prosecute women for sex crimes in the USA. Juries are just not willing to convict much of the time.

Castration will only work if the rapist gets off on the sexual aspect and not the violence part.

I think they need to just be locked away for the rest of their lives.

:fluffle: I was also a victim of sexual assault. It sucks, I know.
Myself also. So are one in thrre women sometime in their lives.

Can I ask a naive question?

I understand what rape is but I don't get the attachments made to it (statutory, first degree, second degree).

Can I ask a naive question?

I understand what rape is but I don't get the attachments made to it (statutory, first degree, second degree).

The difference between "degrees" of rape depends on the jurisdicton. Different states and different countries have different rules. Generally, a "first degree" crime is considered more heinous due to some aggravating factor and carries a greater penality. From there, the penalities and seriousness of the grime goes down with each degree. A "fifth degree" crime may just be a misdemeanor payable by a fine when a "first degree" version of the same crime mandates life without parole.

"Statutory rape" is what people call consentual sex that the law considers to be rape. It isn't really rape, but the law treats it as rape.

The difference between "degrees" of rape depends on the jurisdicton. Different states and different countries have different rules. Generally, a "first degree" crime is considered more heinous due to some aggravating factor and carries a greater penality. From there, the penalities and seriousness of the grime goes down with each degree. A "fifth degree" crime may just be a misdemeanor payable by a fine when a "first degree" version of the same crime mandates life without parole.

"Statutory rape" is what people call consentual sex that the law considers to be rape. It isn't really rape, but the law treats it as rape.

Statutory rape is technically rape because one of the parties involved is too young or too mentally retarded to give informed consent.

Yeah, it is strange.

On a sidenote, all rapists should be castrated, regardless of age or gender.*smacks forehead*

As a law student, I find it humorous that in American law we have no set way to prosecute a woman for rape.

Actually, we do, just not for all cases. Unfortunately, most of the laws are written specifically for penis-vagina insertion (which is silly). Up until recently in GA, someone (male or female) could shove a bottle/finger/dildo/etc. into a woman's vagina without her consent and it would not be considered rape. I believe this has recently been changed. However, most laws still denote some sort of penetration of the victim's body. Thus, in order to charge a woman with rape, insertion of some sort into the victim's body must be involved.

Not only that, but a male can be charged for statutory rape even if he is a minor (say, 14, even if the girl is, say, 16). A female, however, will never be charged in like manner unless she is an adult and has consensual sex ith a minor.

Any time any adult has sex with any minor, they can be charged.

In the case that two minors have sex, either can be charged with statutory rape. The fact that the male is most often charged is a product of a sexist society.

There is no problem with the law itself in this case, only with the application.

By the way, women's lib is bullshit.

You complain that a woman cannot be charged with rape, then bitch about a woman asking for equal treatment? Make up your mind here.

Its not a conscious decision. While under most circumstances most men wouldn't claim rape if the woman was able to turn them on, in cases of religious reasons/ girlfriend will kill you if you have sex with other women there seem to be exceptions.
Then the man needed to learn self-control. Ever since I turned about 20, if I didn't want to, it just didn't. :)

Erection implies consent.

BINGO!

I think the 'women's lib' comment refers to the fact that women can rape but cannot be charged (to his thinking) while men can rape and be charged.

And erection doesn't always mean consent :rolleyes:

That has actually happened. And legally, any male who has sex (consensual sex) with a minor can be charged if the parents/guardians of the girl so wish. Depending on the state's age of consent, anyone can be charged.

In reality, this probably goes back to the double standard that women are the only people looked upon has "loose" or "used" once they lose their virginity. In the American culture, it doesn't seem to have ever mattered of the guys history. Then you have the fact that the woman is the one who gets pregnant, not the man.....

BINGO!
Well, that could be a bit premature. :)

SECTION 16-3-659. Criminal sexual conduct: males under fourteen not presumed incapable of committing crime of rape.

The common law rule that a boy under fourteen years is conclusively presumed to be incapable of committing the crime of rape shall not be enforced in this State.


SECTION 16-3-655. Criminal sexual conduct with minors.
(3) A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age and the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim.

That isn't rape, that's sexual conduct with minors.

§ 771. Rape in the third degree; class B felony. (Delaware Title Code 11, Chapter 5, Subchapter II)

(a) A person is guilty of rape in the third degree when the person:

(1) Intentionally engages in sexual intercourse with another person, and the victim has not reached his or her sixteenth birthday and the person is at least 10 years older than the victim, or the victim has not yet reached his or her fourteenth birthday and the person has reached his or her nineteenth birthday and is not otherwise subject to prosecution pursuant to § 772 or § 773 of this title; or


(That's the statuatory rape clause in our state anyway. Must be a ten year difference)

And erection doesn't always mean consent :rolleyes:
Explain this please.

Statutory rape is technically rape because one of the parties involved is too young or too mentally retarded to give informed consent.

So is bestiality statutory rape, its own crime, or a favorite pastime of the elites?

Then the man needed to learn self-control. Ever since I turned about 20, if I didn't want to, it just didn't. :)

That may just mean you haven't been in an extreme enough situation (think oral sex or something) but I see your point. I'm not 20 yet, so I wouldn't know.

Well, that could be a bit premature. :)

Hahaha rotf :D

Explain this please.

Simple. If a woman ties you up and gives you oral, you don't have much choice in the matter unless she's really ugly or something.

Eutrusca and I are old married folks (not to each other) .. I totally understand what he's saying and I also agree. I will now go shoot myself in the head, Eutrusca and I rarely agree..lol :)

Simple. If a woman ties you up and gives you oral, you don't have much choice in the matter unless she's really ugly or something.
Unless she has an array of thing to simulate... well, you know (damn my Irish Catholicness)

PS. Thank you to Karas [?]

For clearing that up for me

the South Carolina law student should be a little more careful. In Oregon the laws are decidedly not as he/she says. They are gender-neutral. And we had a famous case of a woman schoolteacher imprisoned for consensual sex with a male student aged about 13, a few years back. In Oregon it is a defense to statutory rape if the accused party is less than three years older than the partner. As far as I'm concerned the laws regarding sex with minors are very appropriate, as it has been shown that for most kids early sexual activity, especially with an adult, is harmful. Are you sure you are a law student? You did not word your complaint very well, or make clear that rape laws vary widely from state to state.

Out here in Oregon I'm pretty sure that women can be charged with rape, I'm working on my criminal justice degree in order to become a police officer, but I don't happen to have the ORS, Oregon Revised Statutes availible at the moment, I will look it up and then go ahead and post what Oregon's definitions of the various forms of rape are.

Also, erection does not neccisarily imply consent. Physical stimulation is all it takes to cause a man to become erect. While it is possible for someone to desestize themselves in order to not be arroused as easily. For those who are sexually inexperienced, it is often difficult to control themselves.

I personally have become rather desensitzized since I have worked as a driver and body guard for private exoitic dancers and have worked security in a strip club, but I can assure you all that it is an undeniable fact that

ERECTION DOES NOT IMPLY CONSENT.

Cpl Monastyrsky, Ilya USMC
4th Forcer Service Support Group
6th Engineer Support Battalion
Headquarter & Service Company

O.o


Women can be charged for rape, at least in my state. It says person, not male or female.

ah screw it, I really don't feel like going to the trouble of looking up the oregon law, if any one is interested in finding the specifics, here is the ORS index: http://www.leg.state.or.us/ors/orsindex/home.html

by the way, did I mention that erection does not in and of itself imply consent?

Cpl Monastyrsky, Ilya USMC
4th Force Service Support Group
6th Engineer Support Battalion
Headquarters & Service Company

Then the man needed to learn self-control. Ever since I turned about 20, if I didn't want to, it just didn't. :)

Yeah, and women who are raped should have learned to throw mental icebeams at people with a single thought, so it serves them right for being raped. :rolleyes:

Well recently a woman was convicted of rape in my state (Ohio) because she forced a cucumber up a guy's ass against his will.
i heard about a woman who put a pencil in a guy's urethra so he'd be kinda hard...



i think the main thing is that it's a little easier for men to rape women and each other than vice versa...

So is bestiality statutory rape, its own crime, or a favorite pastime of the elites?
A person can only be charged with rape if the victim is human. Just like I can't be charged for murder for killing a rabbit.

So is bestiality statutory rape, its own crime, or a favorite pastime of the elites?
Its own crime, but only in some jurisdictions.

I think we need to make (male) rape laws much tuffer and input harder punishments. As to the woman rape male cases the laws must be the same but perhaps punishment should not be as hard.
Same laws, same sentance for same type of case regardless of gender and similar punishments in confinement.

Statutory rape is technically rape because one of the parties involved is too young or too mentally retarded to give informed consent.
Yes, that is the theory in the modern western common law. However, it is not always true, it is not always accurate, and not all jurisdiction subscribe to the idea.
In some jurisdictions any sex with a woman that you aren't married to is considered rape.

I think we need to make (male) rape laws much tuffer and input harder punishments.I dont think the Teacher that had Sex deserved Jail.

Yes, that is the theory in the modern western common law. However, it is not always true, it is not always accurate, and not all jurisdiction subscribe to the idea.
In some jurisdictions any sex with a woman that you aren't married to is considered rape.
Which one is this?

ah screw it, I really don't feel like going to the trouble of looking up the oregon law... if any one is interested in finding the specifics, here is the ORS index: http://www.leg.state.or.us/ors/orsindex/home.html
...Too complicated, to be in the safe side, never going to have sex in Oregon :D

There was a recent case in Florida of a 23-year-old school teacher facing charges connected to her sexual relationship with a 14-year-old male student. I don't recall precisely what the charge is, but she's facing up to 30 years in jail.


Only in America.

Too complicated, to be in the safe side, never going to have sex in Oregon :D
And to make sure I never going to go there...There is nothing there anyways.

Well, that could be a bit premature. :)
...XDXDXD