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Harshest Penalty for Alleged Rapist Was For Using a Computer To Arrange Contact With Teen
An anonymous reader writes: Today in a nationally publicized case, an alleged rapist from a fairly elite boarding school was convicted of a number of related misdemeanors, but the jury did not find him guilty of rape. According to the New York Times, his lone felony conviction was "using a computer to lure a minor." In effect, a criminal was convicted of multiple misdemeanors, including sexual penetration of a child, but the biggest penalty he faces is a felony record and years in jail because he used a computer to contact the child, rather than picking her up at a coffee shop, meeting her at a party, or hiring a fifteen-year-old prostitute. Prosecutors have these "using a computer" charges as an additional quiver in their bow, but should we really be making it a felony to use a computer for non-computer-related crime when there is no underlying felony conviction?
Read "Three Felonies a Day" by Harvey Silverglate to understand the fed's rationale. The ends justify the means. After all, Capone ended up in Alcatraz for tax evasion. The book is sickening reading.
http://www.harveysilverglate.c...
http://www.threefeloniesaday.c...
http://www.amazon.com/Three-Fe...
None of this excuses the youngster's behavior.
Prove anything by multiplying Huge Number times Tiny Number
What is interesting is a few years earlier they could legally have sex. Then for a couple of years it's a felony. Then it's legal again.
I love Jesus, except for his foreign policy.
Um, yeah she lied about the rape, the jury aquitted him of the rape charges. Convicted him on statutory rape because she was 15 years old 7 months rather than 16 the age of consent in NH. She was a willing participant and it was very clear from the trial.
Two teens consensually hook up and you want to lynch the kid? Unreal
So wake up.
Let's say it all together: Acquittal doesn't mean that the accuser lied. Just like in the vast majority of cases, rape is incredibly hard to prove. If they felt there was evidence that she lied, rather than insufficient evidence to prove "guilt beyond a reasonable doubt", then they would be trying her for making false charges - which, computer used or not, is usually a felony.
Regardless, I won't consider justice "blind" until "she consented to the sex" is treated by the same legal standard as a robbery defendant's claim "he consented to give me the money" - as an affirmative defense / defense theory.
Stale pastry is hollow succor to one who is bereft of ostrich.
unless of course you're terrified of computers and networks, view them as tantamount to witchcraft, don't understand them, and hate and fear anyone who does. Then of course, by all means, grab your torch and pitchfork. The rest of the loonies will be waiting in the town square at midnight.
It's the whole "enhancement" idea in the law that is just so much hogwash.
Why was the crime "worse" because a computer was used? Did the victim suffer more? Was there more physical damage?
In the same vein, why does an armed robbery in many states carry an "enhanced" sentence, or even become a different crime, because a gun was used? Would a crossbow or a big knife have been any different? They're all deadly weapons.
"Enhancements" like these are an expression of fear and attempted control. It's not a matter of justice, it's a matter of trying to control people. Plain and simple.