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More Judges Protecting Rapists

Venom said:
Universal as in men everywhere do it, not that all individual men commit rape. My point to cullennz being he didn't need to learn that behavior from anybody.
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Is that true? Do (some) men everywhere actually do it? Have studies been made that confirm that no cultures exist where (some) men don't rape?

Also, you may say that, but phenomena like war rape exist among the military. We can't be certain of what we're capable of.
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Who are "we"?! Are there any studies of this alleged phenomenon, i.e. that those of us who haven't raped and who are disgusted by the idea of rape might some day find rape appealing and begin to rape?
 
Ranb said:
https://time.com/5619918/judge-james-troiano-new-jersey-teen-rape-case/

Has anyone tried to justify why the rapist was not tried for producing and distributing child pornography?
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Last year in Denmark, more than 1,000 young people were charged with having shared a video on Facebook of two 15-year-olds having sex:
Over 1.000 unge sigtes for at have delt børneporno på nettet (DR.dk, Jan. 15, 2018)

0-14-year-olds are considered sexual minors in Denmark. But pornography with 0-17-year-olds is considered child pornography.
 
pgwenthold said:
Just a reminder that the punk who did this called it rape.

If I'm a prosecutor, my argument is that when the accused tells you what they did is illegal, believe them.

And in calling it rape, he was fully aware that it was wrong, so don't give me the "juveniles don't comprehend the significance of their actions."

I'm usually not big on trying juveniles as adults, but this guy is a predator. He thinks rape is funny and cool. He's not safe for society.

His words betray him.
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Indeed.

Usually the problem with these date-rape scenarios is that often the case hinges on difficult to prove things, like states of mind, relative sobriety, informed consent, etc. Things that often don't leave physical evidence and only exist in the minds of the people involved and are often very difficult to determine after the fact. This case, like many others like it, no one disputes that sex occurred, it's a matter of states of mind of the two involved.

It is often hard to determine, with any certainty, whether someone had predatory intent when engaging in a drunken sexual encounter. Someone who does so usually has enough sense of self-preservation to not admit such predatory intent, especially in the context of a criminal investigation. The unsatisfactory result is that these kinds of rape cases are often very difficult to prove the high standard required for criminal conviction.

Luckily for us, our perpetrator was dumb enough to document his state of mind. The statement "When your first time is rape", along with the other relevant context, might as well be smoking gun evidence of criminal intent to commit rape. The video is itself child pornography, and creating, possessing, and distributing it are all crimes.

Whether or not he should be tried as an adult is a more complicated matter, but this biased judge should not be involved in that decision. The whole process should be started anew, with that judge nowhere near it.
 
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Ranb said:
https://time.com/5619918/judge-james-troiano-new-jersey-teen-rape-case/

Has anyone tried to justify why the rapist was not tried for producing and distributing child pornography?

Ranb
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I'm curious if such a charge for CP would fall into that locality's jurisdiction. I would guess that such a charge would come from federal law enforcement.

What a delicious twist of fate if this outrageous leniency and the news coverage surrounding it resulted in the feds moving on this case, where previously they may not have.
 
SuburbanTurkey said:
I'm curious if such a charge for CP would fall into that locality's jurisdiction. I would guess that such a charge would come from federal law enforcement.
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Child Pornography legislation is kind of all over the map; but except in the case of interstate trafficking, the federal government typically leaves prosecution to the state governments, which has primary jurisdiction in state cases.

This does point out just how screwed up and outright insane laws are in this country. Teenagers have been arrested for creating and distributing child pornography simply for taking nude selfies and sending them to friends. IIRC in one case (which may have been overturned on appeal, I can't recall of the top of my head), a 16 year old boy, the "perpetrator" was convicted and forced to register as a sex offender, pretty much a death sentence to any chance of higher education, or employment at anything but menial labour. The difference? His family couldn't afford the expensive hot-shot lawyers, and the local DA was a "law and order" type who wanted to "send a message".
 
https://news.yahoo.com/judge-said-teenager-filmed-himself-104208663.html
A New Jersey judge who said a teenage boy accused of rape should get leniency because he came from a “good family” has received threats amid a ferocious backlash against his ruling.
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Death threats because you don't agree with a judge's rulings is wrong. But I'm not shedding a tear for this judge who is trying to be part of the problem instead of the solution.
 
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