Rapist wants visitation rights; teen mom fighting back

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posted on Sep, 27 2012 @ 11:14 AM
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reply to post by dayve
 


If they had a lick of sense they would just sue him.
duhhhhhhh
Money+no visitation
edit on 27-9-2012 by zonetripper2065 because: (no reason given)




posted on Sep, 27 2012 @ 03:55 PM
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reply to post by Golf66
 


I appreciate your well thought out response. Allow me to clarify my position a bit.

In regards to weather or not a charge of Statutory rape vs rape is irrelevant, I beg to differ. It is relevant in terms of the language used. It is the same difference you would find in a charge of manslaughter vs a charge of murder. In the end you still have a dead body, but the real difference is in intent. Now hypothetically speaking, if Mr Joe Blow goes out and rapes a 14 year old, he will be charge with rape, indecent liberties, kidnapping (for holding another against their will). However, if Mr Joe Blow has consensual sex with a 14 year old girl, he will be charged with Statutory Rape because the law does not recognize the consent of a 14 year old. Yet, that still does not mean consent was not given. It simply means that the law does not recognize the consent, in this case due to the age of one of the parties involved. The law itself is very clear on this point.

Another thing to factor in is the exactly what Massachusetts State Law is in regards to Statutory Rape. Under this State's law, 14 will get you 25 for a first offense. As defined in chapter 119 section 21, a first offense is punishable by life in prison or "any term of years but not less than 10 years" and this would be under the discretion of the sentencing Judge. So now we must ask ourselves, why did this man get 16 years of probation when there is a minimum sentencing guideline in place in the State?

This answer is easy, because this case was not tried in Criminal Court, it was tried in Family Court. Why? The reason why would be found in the specifics of the case, which we are clearly not privy to, but I believe it is a very safe assumption based upon the the language used in the original charges, that the issue would be about consent. Judges are assigned cases, they do not get to pick and choose where a case is tried. This decision falls squarely on the District Attorney.

Now this man was charged with 4 counts of Statutory Rape. This indicates that a sexual act took place on 4 separate occasions. If I punch someone in the mouth one time, I will not be charged with 4 counts of assault. Instead I could be charged with 1 count of assault, 1 count of aggravated assault, 1 count of assault and battery but not 4 counts of assault for one single punch. In this case, the man got 4 counts of the same exact charge which implies 4 separate incidents.

I can appreciate your thoughts on this case, as I too am a father of two daughters. One is now 17 and the other is now 14, however I can not allow me emotional knee jerk reaction to take over my logic and reasoning. Make no mistake about it, the man is wrong for what he did and there is no doubt about that, however in this case there is nothing to indicate that he forced this girl against her will. Even if she was forced through coercion in some fashion- and coercion is legally defined as forcing one to act in an involuntary manner- that would also be a charge of a Rape and not Statutory Rape.



posted on Sep, 27 2012 @ 09:59 PM
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reply to post by MrWendal
 


Did you watch the video? He came into her home, threatened and raped her. The issue is with the judges sentencing. Because of the sentencing, it left things unclear for people who making a decision on whether it was forced or not based on the sentence.



posted on Sep, 28 2012 @ 02:25 AM
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reply to post by calstorm
 


No I did not watch a video, I read the article.

Please show me where it says he came into her home and threatened her and raped her?



posted on Sep, 28 2012 @ 02:26 AM
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In the video I linked on page 2.
I'll link it again
ca.news.yahoo.com...
edit on 28-9-2012 by calstorm because: (no reason given)



posted on Sep, 28 2012 @ 02:33 AM
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The video you linked in the same video in the OP and the same quotes from the article.

It does not say he came to her home threatened her and raped her. What she says is he came to her home, threatened to turn her life upside down and "pin it" all on her. She does not say at that time she was raped.

Now let us use some common sense.... what exactly was he going to "pin" all on her?

The video and article also states that once the girl became pregnant her mother found out and went to police.

So is it really outside of the realm of possibility that she engaged in consensual sex, became pregnant. At that point he threatened her to turn her life upside down and "pin" the whole situation on her? Seems to me that she decided to keep the baby, it ticked him off, and that is when she told Mom what was going on and Mom went to police.



posted on Sep, 28 2012 @ 02:49 AM
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reply to post by MrWendal
 




A similar study was then again sponsored by the Home Office in 1996 (Harris & Grace, 1999). This time, the case files of 483 rape cases were examined, and supplemented with information from a limited number of interviews with sexual assault victims and criminal justice personnel. However, the determination that a report was false was made solely by the police. It is therefore not surprising that the estimate for false allegations (10.9%) was higher than those in other studies with a methodology designed to systematically evaluate these classifications.




estimates for the percentage of false reports begin to converge around 2-8%.



National District Attorneys Association



posted on Sep, 28 2012 @ 03:20 AM
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I have to admit, as a female who had teenage friends ranging from straight up prudes to complete skankzillas, most of my friends at this age had already lost their virginity. Myself and only one other were virgins (myself until 20! A late bloomer I was) Reflecting back now, knowing how teenage girls think & operate, I just don't feel very sorry for this girl. At that age, I had one particularly slutty friend who stood out above the rest by leaps & bounds. She'd set up 3 or 4 dates each day on the weekend, and screw all of them. After school, before her parents got home from work, she was screwing one of the neighbors' older sons. Other than the neighbor's high schooler, none were under drinking age (how else was she to get beer and liquor?? Like, DUH) Not much of a shocker that she got knocked up a couple of times & scrambled to get $$ together for an abortion so her parents wouldn't find out. She used to joke that if she was caught, all she'd have to do to deflect parental heat was claim rape, and act the part. I don't think she ever resorted to that, but hell, I would NOT have put it past her to pull to save her backside. This particular friend was a flaming example of a teenager who had a "jig's up" battle plan ready to go.

14 year olds are not stupid when it comes to fornicating. They weren't in the '90s, and they're still not now. They know what they're doing, how to get laid, WHAT to do. Don't let a teenage girl pull the doe-eyed innocence BS on you, they're not that puritan, people.



posted on Sep, 29 2012 @ 07:05 AM
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reply to post by Nyiah
 


I'll give you that. I do know of a gentleman in jail cause his step daughter (13? Maybe 14?) called "child molestation" and off he went. Predator sign and all. No one Believes her. I wasn't there. But gotta say, I see what you mean.



posted on Sep, 29 2012 @ 08:18 AM
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Here's a novel suggestion. How about guys exert their own control and keep their pants zipped? I mean, look at history. Look at any place on Earth. It's always the female's fault at the end of the day because [insert your better wisdom here]. How about we lay the blame for all pregnancy at the feet of the guy who performed the dirty deed?

Kids are kids. Passion is passion. Hormones are hormones. Rape is rape. You don't have to scratch the surface of any human being to find an animal. It's no more her fault than it is his.





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