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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?
... 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.
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
He was 17, she was 15 when the sex occurred. He didn't rape her. She regretted it afterwards, and either cried rape or was forced to cry rape by her parents.
If all the upperclassmen that had sex with underclassmen at my former high school were jailed, probably a third of the school would be behind bars. This is fucking ridiculous.
people get tried as adults as young as 10 now for crimes
at 18 you can buy smokes but not beer, you can get shot at in war
21 you can finally buy beer, but still cant rent a car
25 you can finally rent a car
they made the word "adult" a useless word years ago
have you seen my sig? there are many others like it but none that are the same
To be more technical:
The "beyond a reasonable doubt" standard requires that the "facts of the case" be proven beyond a reasonable doubt - every one of them individually, with a list of facts to prove being given in the jury instructions and depending on the crime and jurisdiction For example, in a murder case, basic facts can be "The victim is dead" and "The defendant deliberately killed them". Beyond that, the prosecution "bears the burden" of demonstrating these facts as undeniably true. For more about what the legal burden is, there's details here.
The same does not hold true to what are called "affirmative defenses" or "defense theories". For example, if you charge me with assault and say I hit you with a chair, and I say that I was trying to stop you because you were trying to rape me, you don't face a "beyond a reasonable doubt" standard and 100% of the burden to prove that you weren't trying to rape me. Depending on the circumstances, there's either a "shared burden" or I would bear the burden of proof on my own. If the defense is to be analyzed on its own, as it's not a "basic fact", but rather a "defense theory", it would not on its own face a "reasonable doubt" standard (generally a "preponderance of the evidence" or "clear and convincing evidence" - although the claim may shift the jury's views toward whether there's reasonable doubt toward the basic facts in other ways.
There are many different types of defense theories, too numerous to go into here. And in most crimes, claims of consent are treated as defense theories - they don't on their own need to be proven beyond a reasonable doubt (they contribute to doubt relating to the basic facts but are not themselves a specific fact for jury evaluation), and there's either a shared or shifted defense burden. If you say "Hey, I wasn't robbing her, she gave me the money because she wanted to help me out", the burden doesn't fall 100% on me to prove that beyond a reasonable doubt that I didn't - it's your theory, you have to bear part of the burden of proof for it. The case as a whole still needs to be proven beyond a reasonable doubt, of course.
It would be nice - and in fact, would only be basic fairness - if rape cases faced the same standard. Unfortunately, in most jurisdictions, it does not work that way. Consent is not treated as a defense theory. Humans are not treated as in a perpetual state of consent for giving away money, for being taken strange places by strangers, or any of the other sorts of cases where "consent" defenses are common.... except that they generally are treated as being in a perpetual state of consent for sex. No matter how weird, twisted, sick the sexual practice, with whatever person they may be, even with a person not matching your sexuality, you're presumed by default to be in consent for it. And the burden falls 100% on the accuser in this one type of case to prove that consent was not given.
And this is wrong.
Stale pastry is hollow succor to one who is bereft of ostrich.