Is law always the same for rape?

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posted on Nov, 27 2004 @ 11:03 PM
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Lawyer uses stress as a defense against charge of Rape?

Based on the news source (Law.com) and the link cited it is unclear whether Rape was alleged or not. Even in California, USA statutory rape laws are on the books. However, it seems the age for draconian punishment is around 13 (legal info WAIS data).

In a story shocking in this day and time, a licensed attorney (lawyer) in California, USA plead guilty to sex with a minor. As the story more fully illustrates, the lawyer solicited and paid for the sex with the minor. Further, he sent pornographic materials to minors over the Internet in attempts to solicit more sex.


"My actions relating to these charges were hurtful and irresponsible, and I deeply regret them," Borrevik said in the letter, later noting that many people with similar high-stress jobs do not commit crimes.

"I think the court took into consideration that he ended this early and that he has no prison record," said Deputy District Attorney Charles Gillingham, adding that he was satisfied with the resolution. Gillingham said he was primarily concerned with ensuring that the victims could avoid testifying.

The case came to light during the summer. Prosecutors said Borrevik paid a 16-year-old girl more than $1,000 for sex and tried to persuade her 17-year-old friend to meet for sex by sending explicit photos and offering money.
Borrevik was caught after the 17-year-old talked to police; a female detective posed as the teenager online.

Borrevik said in his statement to probation officials that he began to visit chat rooms for diversion while working long hours at Wilson Sonsini. He later met the first victim online. He said he thought the girl was attending junior college and believed he was acting as her "sugar daddy" by paying for sex.

The statement said Borrevik has been attending sexual counseling and also seeking marriage counseling, but has been unable to find a new job. He needed to borrow more than $20,000 from his parents for his defense.

If he finds gainful employment before he reports for his sentence, Borrevik could possibly serve his time in a work furlough, Gillingham said.

Borrevik's future as an attorney is also in doubt. According to the report, his bar license has been placed on inactive status and may be taken away completely. Complicating this is a February 2002 DUI conviction. Borrevik was disciplined by the State Bar for that incident, according to the probation report.


This type of story should be of interest to all concerned about equal treatment for crime. Did four months provide the same penalty weight adjudged against non-lawyers or those represented only by a public defender?

Please note- “if he finds gainful employment . . .” then he serves no time. This friendly treatment should be noted by all.

Is this type of treament (the lawyer's) consistent? Or is this type treatment favoritism?




posted on Nov, 28 2004 @ 12:47 AM
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It all depends on your stance and your lawyer.





 
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