Ill Play...

Scenario 1: Jail time (1-5 years) must register as sex offender thereafter

Scenario 2: Same as 1 (although my first thought was it was for some reason a lesser crime)

Scenario 3: Jail time (5-10 years) must register as sex offender (if he makes it out of jail alive)

Scenario 4: Same as 3

Q1: 18
Q2: Yes
Q3: Yes, bc at such a young age, the child may not be capable of making such an important decision
Q4: Generally, I would say no, but it is possible for a child age 14 to make better decisions then some 18 year olds, however this is rarely the case.

-E-

Thanks alot!

Great response and thank you for taking it seriously

-Kyo

Question 1: I'd say 16 - 18. 16 yos know the dangers and the consequences of what they do at that age at least some of them.

Question 2: Absolutely

Question 3: Yes kids at that young age are still very open to suggestion and easily manipulated.

Question 4: I know I did, but there are some very stupid, stupid people in this world. I now of many friends and girls who throw their lives away because they think they know how life works without even living yet.

I think 18 works just fine, although -18 people are gonna have sex, drink, and do drugs regardless of laws.

To the OP, for some reason when I answered the questions it came up looking like it was part of your quote. I must have done something incorrect while posting. I have separated my answers by a line, thanks.

Originally posted by KyoZero
Hey Folks. I am starting my Masters in Clinical Therapy this year (so excited). Anywho, one of the requirements is a graduate thesis and since I am studying victims of child sexual assault I have already chosen my topic. My graduate thesis topic is the stigma of child predation and pedophilia across gender lines. I have already interviewed over 100 people and I thought it would be interesting to see what ATS thought on these matters. Since this is anonymous and I can’t do certain portions regarding demographics, none of your responses will be used in the statistics that will make up the thesis itself. This is merely for me to learn…well actually all of us to learn. I will not lead you in any way. I want you to answer as honestly as you can without fear. So that means it would be really nice if the flamers would stay out.

There is absolutely no trolling intended here.

Instructions: You will be given a few scenarios. In each case it your job to be judge, jury and executioner. Your decision is final and there will be no turning back. In each scenario you will list how much if any jail time is given to each party. You will also determine if either or both parties will receive counseling. Also you have complete freedom to determine any other punishment no matter how much it deviates from the norm. Afterwards there will be a few questions to which you can answer in as much or as little detail as you like.

Any further questions can be posed to me

Here we go

Scenario 1:

Abuser: 32 year old male
Victim: 13 year old female
Incident: 32 year old male is found guilty of statutory rape of a 13 year old minor female. There is no signs of forced or aggravated circumstances and the minor female did willingly commit the sexual act
__________________________________________________________
Three years jail time, an additional three years probation, sex offender register. Forbidden to be within access to children 16 and under.
___

Scenario 2:

Abuser: 38 year old female
Victim: 14 year old male
Incident: 38 year old female is found guilty of statutory rape of a 14 year old minor male. There is no signs of forced or aggravated circumstances and the minor male did willingly commit the sexual act
___________________________________________________________
Seven years probation. Forbidden to have access to any child under the age of 16.
___

Scenario 3:

Abuser: 39 year old male
Victim: 14 year old male
Incident: 39 year old male is found guilty of statutory rape, aggravated sexual assault and rape of a 14 year old minor male. There are numerous signs of forced or aggravated circumstances to the minor male.
_____________________________________________________________
10 years imprisonment. 15 years probation. Forbidden to have access to a child under 16. Cannot be near schools and daycare centers.
___

Scenario 4:

Abuser: 42 year old female
Victim: 14 year old female
Incident: 42 year old female is found guilty of statutory rape, aggravated sexual assault and rape of a 14 year old minor female. There are numerous signs of forced or aggravated circumstances to the minor female.
__________________
Same as item # 3
___

Question 1: If you had absolute power, what age of consent would you make the entire United States? No state laws will be enacted to change your ruling. Your final age will be the standard and law for the entire country. You may add any age gap laws If you choose to do so.
__________________________________________________
For a female 15 years of age. For a male 18 years of age.
___

Question 2: Should a male and female convicted of the same crime (statutory rape) be treated the same in a court of law?
____
No.
___

Question 3: Should any punishment be given to the victims of Scenario 1 or 2 since the victim was consensual in the act?
____
No.
___

Question 4: Does a minor (regardless of gender) have the true ability to understand the consequences of their actions before age 18?
_______________________________
Yes. Except where mentally deficient.
___

Again…trolls and flamers please stay out. This is serious and I will not attack or joke about any member regardless of their answers. I am 100% genuinely interested in the responses.



Thanks folks and I look forward to the responses.

-Kyo

[edit on 17-2-2010 by Fromabove]

Scenario 1: The adult gets 3 years in prison without parole. Must also attend counseling sessions with childhood assault victims (now adults) through a prison program.

The minor gets counseling.

Scenario 2: Same as #1.

Scenario 3: The adult gets 15 years without parole. (add register as sex offender)

The minor gets counseling.

Scenario 4: Same as #3.


Question 1: If you had absolute power, what age of consent would you make the entire United States?

Normal age of consent: 18
From age 15-17, if the partner is up to 2 years older.

Question 2: Should a male and female convicted of the same crime (statutory rape) be treated the same in a court of law?

Yes.


Question 3: Should any punishment be given to the victims of Scenario 1 or 2 since the victim was consensual in the act?

No. They were not at the age of consent, so are unable to legally give consent.


Question 4: Does a minor (regardless of gender) have the true ability to understand the consequences of their actions before age 18?

Some do and some don't. Some over the age of consent aren't able to understand the consequences. But the law has to draw a line, however arbitrary. As long as the line is known and the age is known, there shouldn't be any question. The only other option would be if we could handle each case based on the merits of that case, which isn't practical.

[edit on 2/17/2010 by Benevolent Heretic]

18 would be the minimum age. We know that ptsd can affect all ages.
I would say that consensual in anyone under 18 is a lie. If they cannot sign a contract then consenting to sex is a falacy when one is under 18.
The males & females in your questions should serve 30 years. Even though they were probably victims themselves in their youth they did not seek help but passed on what they had learned.

Originally posted by KyoZero

Question 1: If you had absolute power, what age of consent would you make the entire United States? No state laws will be enacted to change your ruling. Your final age will be the standard and law for the entire country. You may add any age gap laws If you choose to do so.

Abolish the whole idea of age of consent since it based on the ridiculous concept that turning a certain age suddenly allows moral judgements to be made. However, I would at the same time strictly enforce assault laws for everyone. Scenarios 3 and 4 are assault and battery, it makes no difference if sex involved. We have come to understand that in crimes like rape, they are not sexual act, they are acts of violence and power. Second of all, I would enforce strict anti-exploration laws that would prevent people in positions of trust, authority or power (including those that work with teens like teachers and coaches) from taking advantages of those who they have power over or are entrusted with. Unless it s consensual with both parties being able to freely give consent and understanding that consent, it is exploration. Both scenarios 1 and w might be exploitation, as would a boss demanding sex from and employee, a man seducing a dunk woman, or some one having sex with a 30 year old developmentally delayed person.

Question 2: Should a male and female convicted of the same crime (statutory rape) be treated the same in a court of law?

Under the existing laws, to do otherwise would be discrimination.

Question 3: Should any punishment be given to the victims of Scenario 1 or 2 since the victim was consensual in the act?

NO but some counselling is definitely in order.

Question 4: Does a minor (regardless of gender) have the true ability to understand the consequences of their actions before age 18?

Absolutely. they can, but there are also people who are in their 30s who do not understand, so to correlate age with this is ridiculous. I know several 16 year olds who by circumstances run their household (no parents) raising siblings, go to school and work to support their families. In times gone by, you were expected to be an adult at 12 or 13. Humanity has not devolved that much. Yet I also know middle aged women and men who act like 7 year olds.

As we get older we get wiser and smarter, but to draw an imaginary line at a particular time is not practical. For example, if I sleep with a 16 year old girl in West Virgina, it is an act of love, but in Virginia it is crime -- she can decide in West Virginia for herself but not in Virginia.

All the scenarios. Based on the older age of the adult, counciling and /or some jail time, perhaps 1-5 years. You did say willing, with no signs of coehersion. Gay is no different than heterosexual. (I edited to add the 1). I do think this is case to case, but those were older adults so this isn't falling for someone, but usary. Surprised that people don't understand, homosexuals know they are before they're 13 in most cases. There is no difference and the shocking differences people are giving really shows a lack of equality and respect for all people. People don't chose their sexual orientations.

If they were younger, say in their 20s, case to case basis, perhaps counciling and a bracelet. You did say, no signs of cohersion!

Half of the 13 year olds onwards are sexually active. I prefer freedom to anything like Sharia law. Freedom may mean errors of judgment, but I remember being young, and my friends dated older guys. They were even in love. Sometimes they even marry and divorce!

1. 14
2. yes
3. no. This is an adult, facist arbitrary decison over the head of the soveriegn teenager. If they are abused and cohersed of course they're a victim. But also, if not, they don't have to agree with me, or whomever is set up as a dictator. I actually raise my children to question all authority and don't believe in many laws except protection from murder and rape and form leaders, big business and banks. Ooops I forgot we don't have those.
4. yes, they do. They own their bodies and are usual sexual by 13-14 with them no matter what we think. And we don't own them. No reason for stigmas.


[edit on 17-2-2010 by Unity_99]

[edit on 18-2-2010 by Unity_99]

Scenario 1:

Abuser: 32 year old male
Victim: 13 year old female
Incident: 32 year old male is found guilty of statutory rape of a 13 year old minor female. There is no signs of forced or aggravated circumstances and the minor female did willingly commit the sexual act

13 is too young, particularly with a 32 year old. I'd also worry about the psychiatric health of the 32 year old that he even considers wanting to be with a kid in the first place. This guy needs help more than punishment, but I think he should still get a light sentence, a few years in jail, unless other factors were present, like the man being in a position of authority or influence (like a teacher, relative, religious leader, etc) in which case the penalty should be more severe.

Scenario 2:

Abuser: 38 year old female
Victim: 14 year old male
Incident: 38 year old female is found guilty of statutory rape of a 14 year old minor male. There is no signs of forced or aggravated circumstances and the minor male did willingly commit the sexual act

This is exactly the same as scenario 1 in terms of how I would treat it.

Scenario 3:

Abuser: 39 year old male
Victim: 14 year old male
Incident: 39 year old male is found guilty of statutory rape, aggravated sexual assault and rape of a 14 year old minor male. There are numerous signs of forced or aggravated circumstances to the minor male.

Lock the 39 year old up and throw away the key. This is inexcusable.

Scenario 4:

Abuser: 42 year old female
Victim: 14 year old female
Incident: 42 year old female is found guilty of statutory rape, aggravated sexual assault and rape of a 14 year old minor female. There are numerous signs of forced or aggravated circumstances to the minor female.

Same as scenario #3. I would also say the same if the abuser and victim were opposite genders.

Question 1: If you had absolute power, what age of consent would you make the entire United States? No state laws will be enacted to change your ruling. Your final age will be the standard and law for the entire country. You may add any age gap laws If you choose to do so.

I'm pretty happy with the law in Canada on this subject. If memory serves, anyone 18+ can consent to sex with anyone else 18+. There is also a 'close in age' provision (I think 2 or 3 years away) so that for instance a 17 year old and a 19 year old can legally have sex, but a 17 year old and a 25 year old cannot. 14 is the age of consent in all cases except the 'close in age' one, where a 12 or 13 year old can legally have sex with someone 'close in age'. I'm not at all happy with the state of our morals in society that people choose to have sex at such young ages, but in strictly legal terms, I think that the Canadian law is fairly good in this case.

Question 2: Should a male and female convicted of the same crime (statutory rape) be treated the same in a court of law?

Yes. I can't imagine why not; would you give one gender a lighter sentence for theft, fraud, murder, or any other crime? Probably not.

Question 3: Should any punishment be given to the victims of Scenario 1 or 2 since the victim was consensual in the act?

Yes, but it should be a significantly smaller punishment than if it was rape. Statutory only deserves maybe a few years in jail. Rape should carry one of the highest prison terms of any crime.

Question 4: Does a minor (regardless of gender) have the true ability to understand the consequences of their actions before age 18?

18 is just an arbitrary line we drew for legal reasons. Some people understand long before 18; some never will. 18 is a fairly reasonable age to use as a benchmark, though.

Based on the idea of individual sovereignty that should be afforded to teenagers, and the illogic of drawing a line at a specific age, I am going to be quite progressive here.

Scenario 1, no jail time, no counselling.
Scenario 2, no jail time, no counselling.
Scenario 3, 20 years jail plus counselling.
Scenario 4, 20 years jail plus counselling.

Question 1, 15 nationally. Over 13 legality dependent upon psychological review.
Question 2, no gender discrimination.
Question 3, no.
Question 4, yes. It is illogical to assume once a teen turns a certain arbitrary age they are suddenly competent of deciding everything for themselves. Development is not homogenous, it is impossible to state an age for all teens. Some develop extremely quickly, others do not. Despite the problems with stating an age for all, I think it is important to have safeguards in place to protect children. I think the decision can be safely made at 15, which acts as a safeguard while offering an over 13 legality dependent on psychological reviews (must be initiated by the teen his/herself).

Otherwise, there should be 20 year jail sentances and sex offender registration.