13-Year-Old Boy Who Kissed a Girl on a Dare, Charged with Assault

originally posted by: boncho

originally posted by: windword
a reply to: TorqueyThePig

Also, forcibly kissing someone is not rape. It is assault or battery (depending on state).

At the very least, forcible French kissing is sexual assault.

In France it just means the person likes you. Its named after the French after all...

Ha! I was doing some Googling, and I'm pretty sure that "French kissing" is actually a legal term in some places. That's why I employed it.

a reply to: Spacespider

When I was in middle school I got into a fight every other week, but not once was I or anyone eles charged. No I wasn't starting the fights.


WTF now they charge assault for a kiss. Seriously WTF.

a reply to: Spacespider

Well there goes his life. A sex offender already and so screwed., Good luck dude finding a job, getting into university, finding a place to live...

This is what this sex-phobic country has come to.. What he did was wrong, but he also had to learn that -- part of what growing up is supposed to be about. He should have been punished and corrected but because there was a hit of sex, it now is a major legal issue wasting god knows how much money in terms of police, lawyers and courts. The only winners here are are the lawyers it would seem.

The reality of the modern state is that you better not make a single mistake because it will follow you for the rest of your life. Even when you pay your dues, it will NEVER be forgotten, NEVER be forgiven and you will be a second class citizen for the rest of your life. There is no chance to learn from your mistakes, to reform, to grow up... you must not make a mistake or else the system owns your ass... forever.

originally posted by: Grimpachi
a reply to: Spacespider

When I was in middle school I got into a fight every other week, but not once was I or anyone eles charged. No I wasn't starting the fights.


WTF now they charge assault for a kiss. Seriously WTF.

We're looking at the difference between assault and sexual assault. Did any of those guys sexually assault you? If so, that would be an added crime, above and beyond assault. Whether it was legally pursued or not, it happened and it was wrong.

a reply to: windword

Show me the statute that states forcible French kissing is sexual assault please.

originally posted by: TorqueyThePig
a reply to: windword

Show me the statute that states forcible French kissing is sexual assault please.

Eh? Assault would be interfering with someone without their consent and sexually would be the tongue in their face part.

Don't you dare try to explain this away in any form.

Oo

a reply to: sn0rch

Go ahead and read over Maryland's sexual laws and then get back to me.

statelaws.findlaw.com...

Even the originally linked article states that he was charged with 2nd degree assault.

Per Maryland statutes (and every other state in the USA) the crime this kid committed was an assault (or battery depending on state).

Per the letter of the law this was not a sexual crime and he will NOT be labeled a sexual offender.

a reply to: TorqueyThePig

Please folks, especially those foaming at the mouth over this being rape. The LAW is what matters, not your individual interpretations of "what is and what is not rape". If the legal interpretation was stretched to the maximum it could go, this offense, is barely even classified as 4th degree sexual OFFENSE.

Maryland Rape and Sexual Assault Laws
For the doubter, here is the LEGAL definition of 4th degree sexual OFFENSE.

Fourth Degree – any of the following:
- Engaging in sexual contact without the other’s consent
- Engaging in a sexual act or vaginal sex with a 14 or 15 year old when the defendant is at least 4 years older
- Engaging in a sexual act, sexual contact, or vaginal sex with a child under 18 who at the time of the sexual activity was a student enrolled in a school where the person was in a position of authority (i.e. a principal, coach, teacher, or counselor who’s at least 21 years old, employed by the school, and was in a supervisory position over the student) -

I suggest you read the definition of rape, then come back here and explain how it applies to this kid.

I await your epiphany.

a reply to: Krakatoa

I agree with your post, but I may be misinterpreting part of it.

The elements of the crime that occurred cannot be stretched to fit a sexual classification.

Not happening.

originally posted by: windword

originally posted by: Grimpachi
a reply to: Spacespider

When I was in middle school I got into a fight every other week, but not once was I or anyone eles charged. No I wasn't starting the fights.


WTF now they charge assault for a kiss. Seriously WTF.

We're looking at the difference between assault and sexual assault. Did any of those guys sexually assault you? If so, that would be an added crime, above and beyond assault. Whether it was legally pursued or not, it happened and it was wrong.

You may be looking at the difference, but I am talking about what he was actually charged with which was assault not sexual assault.

Over reactionary public. It is getting worse.

originally posted by: TorqueyThePig
a reply to: Krakatoa

I agree with your post, but I may be misinterpreting part of it.

The elements of the crime that occurred cannot be stretched to fit a sexual classification.

Not happening.

I was trying to take their claim and stretch the legal definitions as far as possible to see if it would fit even the lesser of all the sexual charges. Yet even then, it really doesn't unless a liberal judge in a Puritanical jurisdiction allows that leap. It's an attempt to demonstrate the wildly misinformed opinions here that could cost a kid his future. Those claiming rape are so far out of touch with reality, yet their words,in the right ears, could doom us all to reverting back to the Puritan era.

a reply to: Krakatoa

Thank you for the clarification.

I can say with confidence that this kid will probably complete a pre-trial diversion program that consists of one or a combination of the following; counseling, an apology letter, and/or a community service project.

He won't be registered as a sexual offender, and he technically won't even have an arrest record if he completes the diversion program.

Like I said, I can't believe this has garnered the attention it has.

Posting this as a dad, so pragmatism has no place here in my viewpoint. My daughter is 7... she will be raised under the instructions "If someone sticks a body part in your mouth in an unwanted advance, bite it off, kick for the moon, and then run like hell to the nearest safe spot." I'm not sure if this kid's actions went so far as to 'assault,' but I wouldn't be shocked if those who don't believe what he did was assault would be crying "Assault!" had the girl in question bit off his tongue and spat it back at him.

I also agree with the ass-whipping from big brother assessment. My son, 9 years old, guards his sister like a hawk. If this situation had played out in front of him, the results wouldn't have been pretty.

When I was a kid I got charged with launching a deadly missile ... i tosses a pinecone

Result of the storie kid got beat up dailie at school from then on tell charges where dropped and she moved yes she

The other girls didn't take it so well her parents did that over something like that

Now no my brightest moments but if u think the days I spent in jail tough me not to toss pinecone no they tough Me alot of worse things and to not get cough

What u think he learned in jail bet it wasn't what u hoped he would


Not mater what the law says it is he was dared and under force to do it technically than the other kids should be charged with coercion

Wall where at it tho since where going to treat the like adults let's let them drink and smoke caz clearly there all completely able to make proper decisions like adults

It's obeys they have full understanding of there actions and complete understanding of others fellings of there actions so let them drink smoke and even drive at 13 who needs childhood innocents

And yes if it where my child who this happen to I'd be pissed but the verry last thing I'd do is call the cops

originally posted by: TorqueyThePig
a reply to: windword

Show me the statute that states forcible French kissing is sexual assault please.

Will a definition do?

RAPE: noun
1.unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

dictionary.reference.com...

a reply to: windword

I don't think dictionary dot com definitions are what law enforcement officers and state prosecutors use when determining the type of crime that was committed.

Again I will refer to the actual state statutes.

statelaws.findlaw.com...

Forcing a French kiss on somebody is not rape.

a reply to: TorqueyThePig

Forcing a French kiss on somebody is not rape.

originally posted by: TorqueyThePig
a reply to: windword

Show me the statute that states forcible French kissing is sexual assault please.

It most certainly is sexual assault. It is a crime that is sexual in nature, regardless of legal levels of assault to rape, forced french kissing is "rapey". I never claimed that this infraction was punishable as "rape", I said with the penetration angle it could be considered rape. It is, according to Dictionary.com.

I think that you would look at this differently if it was a 45 year old strange man, instead of a teenager, taking a 13 year old girl at a shopping mall, and forcibly sticking his tongue down her throat.

I've been thinking about this case for a day now. Contrary to many opinions earlier in the thread I think the assault charge is justified, and I hope he's found guilty. That said, it's definitely not rape or any lesser sexual assault. The kid is 13, charge him as a minor, give his parents a fine, and him probation for a couple years to keep him out of trouble, and maybe some counseling, and let him move on and finish school. It's not the sort of thing that should put him in juvenile detention which would really screw him up, and once he turns 18 his minor record is gone so there's no long term damage here with a conviction.

originally posted by: olaru12
If someone grabbed me and stuck their tongue in my mouth; I would be the one being charged with assault and perhaps even manslaughter

Thank You Olaru, you made me laugh so hard I cried.
Don't boys know girls have teeth? Or that they are perfectly capable of using their legs for other things than walking?

Yes it was assault, he should rightfully be reprimanded, but not arrested.
He did it on a dare in public.
Had he done this secretly, privately, deceiving her, I would have been concerned and pushed charges for malicious intent. And then he would also need counseling.
But this is silly kid stuff.