Maurice McGill, 13 at the time of the alleged assault, is charged with one count each of rape, aggravated burglary, aggravated robbery, and abduction, according to the Lima Police Department.
Police say the McGill youth, who will be tried in the Allen County Juvenile Court on Aug. 13, allegedly broke into the woman’s home in the 200 block of Haller Street and sexually assaulted the victim. Boy, 13, raped woman, 90
This is an (alleged) case of forcible true rape, rape-rape in the classical sense of the word “rape”, Not one of the dozens of new versions of re-defined *rape.
A child (monster) of 13 years breaks into a house, robs, burglars, abducts and rapes an old lady. Shocking in every respect. A nightmare. In her own house she gets robbed and raped. The kid deserves strict punishment, and society deserves to be protected from such animals
Strict liability laws for statutory rape
But the 90 year old lady had sex with a 13 year old child. In many US states, this is a *strict liability crime.
So the poor old lady could be charged with child rape. Due to the extreme circumstances of the case, prosecutors were wise enough not to press charges, so our analysis is theoretical.
If you have sex with a person under the age of consent, you are a child rapist
“Strict liability crime” [1] [2] [3] [4] means: if you commit an act, (e.g. if you have sex with a mnior) you are guilty and will be convicted. Mens rea, criminal intent is not required , no knowledge needed that you are committing a crime.
The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea. Strict liability (criminal)
Men get convicted for sex with underage women, even if they thought she was over the age of consent. Even if they have very good reasons to believe she was of age, because they met her in a 21-and-over bar with ID check. Even if she had a valid true government ID. because she duped the department of motor vehicles into giving her a incorrect age ID. It does not matter, if they had sex with a 17 year old, they are *child *rapists.
So, by modern re-definition of the word *rape, poor 90 year old lady would be a child rapist and could be indicted. She had sex with a 13 year old child (under 14 year old is a further aggravation). No criminal intent nor further proof is needed.
Maurice McGill, 13 at the time of the alleged assault, is charged with one count each of rape, aggravated burglary, aggravated robbery, and abduction, according to the Lima Police Department.
Police say the McGill youth, who will be tried in the Allen County Juvenile Court on Aug. 13, allegedly broke into the woman’s home in the 200 block of Haller Street and sexually assaulted the victim. Boy, 13, raped woman, 90
This is an (alleged) case of forcible true rape, rape-rape in the classical sense of the word “rape”, Not one of the dozens of new versions of re-defined *rape.
A child (monster) of 13 years breaks into a house, robs, burglars, abducts and rapes an old lady. Shocking in every respect. A nightmare. In her own house she gets robbed and raped. The kid deserves strict punishment, and society deserves to be protected from such animals
Strict liability laws for statutory rape
But the 90 year old lady had sex with a 13 year old child. In many US states, this is a *strict liability crime.
So the poor old lady could be charged with child rape. Due to the extreme circumstances of the case, prosecutors were wise enough not to press charges, so our analysis is theoretical.
If you have sex with a person under the age of consent, you are a child rapist
“Strict liability crime” [1] [2] [3] [4] means: if you commit an act, (e.g. if you have sex with a mnior) you are guilty and will be convicted. Mens rea, criminal intent is not required , no knowledge needed that you are committing a crime.
The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea. Strict liability (criminal)
Men get convicted for sex with underage women, even if they thought she was over the age of consent. Even if they have very good reasons to believe she was of age, because they met her in a 21-and-over bar with ID check. Even if she had a valid true government ID. because she duped the department of motor vehicles into giving her a incorrect age ID. It does not matter, if they had sex with a 17 year old, they are *child *rapists.
So, by modern re-definition of the word *rape, poor 90 year old lady would be a child rapist and could be indicted. She had sex with a 13 year old child (under 14 year old is a further aggravation). No criminal intent nor further proof is needed.
Maurice McGill, 13 at the time of the alleged assault, is charged with one count each of rape, aggravated burglary, aggravated robbery, and abduction, according to the Lima Police Department.
Police say the McGill youth, who will be tried in the Allen County Juvenile Court on Aug. 13, allegedly broke into the woman’s home in the 200 block of Haller Street and sexually assaulted the victim. Boy, 13, raped woman, 90
This is an (alleged) case of forcible true rape, rape-rape in the classical sense of the word “rape”, Not one of the dozens of new versions of re-defined *rape.
A child (monster) of 13 years breaks into a house, robs, burglars, abducts and rapes an old lady. Shocking in every respect. A nightmare. In her own house she gets robbed and raped. The kid deserves strict punishment, and society deserves to be protected from such animals
Strict liability laws for statutory rape
But the 90 year old lady had sex with a 13 year old child. In many US states, this is a *strict liability crime.
So the poor old lady could be charged with child rape. Due to the extreme circumstances of the case, prosecutors were wise enough not to press charges, so our analysis is theoretical.
If you have sex with a person under the age of consent, you are a child rapist
“Strict liability crime” [1] [2] [3] [4] means: if you commit an act, (e.g. if you have sex with a mnior) you are guilty and will be convicted. Mens rea, criminal intent is not required , no knowledge needed that you are committing a crime.
The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea. Strict liability (criminal)
Men get convicted for sex with underage women, even if they thought she was over the age of consent. Even if they have very good reasons to believe she was of age, because they met her in a 21-and-over bar with ID check. Even if she had a valid true government ID. because she duped the department of motor vehicles into giving her a incorrect age ID. It does not matter, if they had sex with a 17 year old, they are *child *rapists.
So, by modern re-definition of the word *rape, poor 90 year old lady would be a child rapist and could be indicted. She had sex with a 13 year old child (under 14 year old is a further aggravation). No criminal intent nor further proof is needed.
In many states, statutory rape is considered a strict liability offense. In these states, 22 as of 2007, it is possible to face felony charges despite not knowing the age of the other person, or even if the minor presented identification showing an age of eighteen or higher. Frequently, this applies to all sex offenses.[citation needed
The American Law Institute’s Model Penal Code establishes strict liability only for violations, and for statutory rape of a girl under the age of ten.[citation needed]*Strict liability |Wikipedia
Furthermore, as US vice president Joe Biden said: “rape is rape is rape” Biden said all types of modern re-defined rape are equal. Forcible rape, consensual sex with a minor, it is all the same.
State law requires that any youth who is at least 14 years old be tried as an adult; however, the Lima teen will be tried under the Serious Youthful Offender law, meaning, if convicted, he would end up in the Department of Youth Services. Youth who commit crimes or violate rules while in the juvenile corrections system could end up serving the duration of their sentence in an adult prison, according to state law. Boy, 13, raped woman, 90
This of course will be cruel and unusual punishment. a 14 year old among adults most likely will end up as favorite sex slave. I doubt if any prisoner will care about statutory rape charges.
In many states, statutory rape is considered a strict liability offense. In these states, 22 as of 2007, it is possible to face felony charges despite not knowing the age of the other person, or even if the minor presented identification showing an age of eighteen or higher. Frequently, this applies to all sex offenses.[citation needed
The American Law Institute’s Model Penal Code establishes strict liability only for violations, and for statutory rape of a girl under the age of ten.[citation needed]*Strict liability |Wikipedia
Furthermore, as US vice president Joe Biden said: “rape is rape is rape” Biden said all types of modern re-defined rape are equal. Forcible rape, consensual sex with a minor, it is all the same.
State law requires that any youth who is at least 14 years old be tried as an adult; however, the Lima teen will be tried under the Serious Youthful Offender law, meaning, if convicted, he would end up in the Department of Youth Services. Youth who commit crimes or violate rules while in the juvenile corrections system could end up serving the duration of their sentence in an adult prison, according to state law. Boy, 13, raped woman, 90
This of course will be cruel and unusual punishment. a 14 year old among adults most likely will end up as favorite sex slave. I doubt if any prisoner will care about statutory rape charges.
In many states, statutory rape is considered a strict liability offense. In these states, 22 as of 2007, it is possible to face felony charges despite not knowing the age of the other person, or even if the minor presented identification showing an age of eighteen or higher. Frequently, this applies to all sex offenses.[citation needed
The American Law Institute’s Model Penal Code establishes strict liability only for violations, and for statutory rape of a girl under the age of ten.[citation needed]*Strict liability |Wikipedia
Furthermore, as US vice president Joe Biden said: “rape is rape is rape” Biden said all types of modern re-defined rape are equal. Forcible rape, consensual sex with a minor, it is all the same.
State law requires that any youth who is at least 14 years old be tried as an adult; however, the Lima teen will be tried under the Serious Youthful Offender law, meaning, if convicted, he would end up in the Department of Youth Services. Youth who commit crimes or violate rules while in the juvenile corrections system could end up serving the duration of their sentence in an adult prison, according to state law. Boy, 13, raped woman, 90
This of course will be cruel and unusual punishment. a 14 year old among adults most likely will end up as favorite sex slave. I doubt if any prisoner will care about statutory rape charges.
http://www.salon.com/2012/10/10/polanskis_victim_isnt_a_sex_scandal_teen/
It should be pointed out that women are frequently arrested too, for sex with ‘minors’. In those cases, it’s presumed that the ‘minor’ male could not have consented.
So logically, the author is correct. The US has a ‘zero tolerance’ attitude towards ‘underage’ sex (and little tolerance for sex in general), so there should be no excuses here, by their own logic.
After all, the boy could argue that the old woman is a ‘cougar’. LOL
This is rather disgusting. All aspects of it.
Interesting take on the poor old lady, but ultimately incorrect. Strict liability eliminates the mens rea requirement, but not the actus reus requirement. The actus reus, or “guilty act” must have been performed voluntarily. The old lady’s “sex” with the 13 year-old was involuntary; the kid raped her.
Good comment. You are probably a lawyer?
So where are the borderline cases? An adult crashes after a party, a minor gets into his or her bed and initiates sex. All action stems from the minor, but the adult shows no resistance, but no clear consent. After a while, s/he gets into it and enjoys it.
If the minor is a boy and the adult is a woman, she could probably claim rape because there was no implicit consent, and incapacity to consent due to sleepiness and drowsiness. Otherwise it could be statutory rape!?
Of course, all this would give rise to another motivation for false rape accusations. If you cannot accuse the minor of rape, then you are a (statutory) rapist.
Thanks for the clarifications. You might want to comment on some other posts, like on the 20 types of rape
Get a lawyer before courting: 34 precautions before risking sex with a woman
e 27 precautions
"Rape is rape is rape" is a lie, Joe Biden! 20 different types of rape!