cordonone (imported) wrote: Wed Jul 09, 2008 1:34 pm
I couldn't disagree with you more. There's nothing "personal" or situational about the definition of sexual "molestation." It is any act that objectifies another human being for erotic purposes without their consent. Groping the genitals of a 35 year old stranger on the subway is molestation. Any sex act with someone who is unable to consent is molestation. That includes minors and people who are physically or mentally impaired or in some way restrained against their will (I'm not talking about the outer boundaries of consensual S&M, which is another subject).
Regarding the lack of consent in a minor, for most of us, as a wise person once said in another context, "when you see it you recognize it," but just to be sure and becaue there seem to be people in every society who would try to "justify" sexual congress between adults and minors, most societies establish an age of consent, below which they protect their children by the de facto assumption that they are unable to consent. I'll leave the practices of remote societies to the anthropologists and forensic psychologists among us. A 12 year old who has sex with a 37 year old has been raped, no matter how Lolita-like s/he may be. The 37 year old is responsible for stopping the process of seduction. Period. (As for the specific question of sexual relations between minors and other young people, some jurisdictions allow judges to take the age of the rapist into consideration in sentencing, but not in establishing guilt or innocence, which is stipulated by statute.)
Sorry for coming on so strong, but if anyone wants to think I'm closed-minded in this one area of an otherwise liberal set of values, I'll take that as a compliment.
I can see that this discussion is clearly too complicated for an easy answer.
Certainly, age 'differences' of lovers IS significant. It is especially significant in today's modern world. However, there are historic times when it is more blurry. Also, there are times when it is obvious that society ENFORCES its irrational rules upon those who express LOVE to each other and forsake family and society to be true to that love.
Take for example the most often discussed Shakspearian play "Romeo and Juliet"
Some sources place Juliet at age 13, almost 14 while Romeo is 15, maybe 17?
SOURCE#1 (
http://www.shakespeare-online.com/faq/romeofaq.html)
SOURCE#2 (
http://www.questia.com/googleScholar.qs ... 5001636493)
Then, there is THIS (
http://www.cbsnews.com/stories/2007/04/ ... 4606.shtml) sort of problem...
The problem with 'young love' is primarily sociological. The Western world with a 50% divorce rate hardly qualifies as a perfect sociological example.
So, as age differences of over 5 years make western societies VERY nervous, none can deny from the EVIDENCE (
http://www.dailymail.co.uk/news/article ... -cent.html) that minor ARE having sex, with whom they have it seems to be their decision. Just because there may be laws against it does not mean that it is not happening.
Then, of course there is THIS (
http://women.propeller.com/story/2008/0 ... -two-years) opinion by a blogger...
The question is who is having sex with 14 year old girls? If it is an underage male then they both need counseling but if it's an adult male it's a crime. Planned Parenthood doesn't t refer cases where an under age female has sex with an adult male to the police. Therefore, Planned Parenthood is guilty of covering up sex crimes.
If the girl consents, especially if she has a history of molestation by a family member or a close friend, the act of getting pregnant by a male of her choice is a statement of claim to her own body.
I shall not comment on Gay relationships, but similar psychological mechanisms are undoubtedly in existance in these, too.
BUT THIS IS PURE BULLSHIT... (
http://www.unionleader.com/article.aspx ... derage+sex +incident&articleId=0bf55a89-dbba-489f-8555-cc30d7e81e71)
If I was the goddamned judge on this case I'd marry these two in open court...
But truly, this is OVER the TOP...
Teen charged in underage sex incident
By GRETA CUYLER
Union Leader Correspondent
Tuesday, Oct. 16, 2007
WEARE – A 17-year-old boy who admitted to having sex with his underage girlfriend has been charged with misdemeanor sexual assault.
Damon C. Hadley, 17, of Henniker was arrested on Oct. 9 and released on $5,000 personal recognizance bail, according to Weare police.
His trial is scheduled for Nov. 27 in Goffstown District Court.
If convicted of the Class A misdemeanor, Hadley could face up to a year in jail and a $2,000 fine.
In addition to the criminal charge, Hadley is recovering from a beating by the girl's father. On Sept. 10, the father stormed the high school parking lot and hit the 17-year-old, leaving him with cuts, bruises and two stitches to his face.
"We are a society of laws, not of vigilantism," said Skip Campbell, Hadley's attorney. "I hope that people will take the opportunity to look at the facts in this case as they come out and reserve their harsh judgment."
He described his client as a nice and thoughtful young man, who works hard in school and has a part-time job fixing motorcycles.
Hadley and his girlfriend had been dating since June, he said.
"This situation has profoundly affected him and confused him," Campbell said. "He certainly did not deserve what this man did to him, which is outrageous under any circumstances."
That morning, the girl failed to show up for her first-period class. School officials and then the girl's parents began to search for her, to no avail. Hadley and the girl returned to school at the same time, through separate entrances.
►Angry dad defended, bashed by readers (37)
►Father waylays daughter's lover (66)
►Teen to be charged in Weare sex case (42)
The teens later admitted to having sex during the school day, but off school property, Weare Police Detective Lou Chatel said.
Under state law, a person can't consent to sex until the age of 16. The girl is 15 1/2.
In some circumstances, and if their age difference was three years or more, the youth could have faced a felony charge.
The girl's father reported the sexual assault to police, then drove to John Stark Regional High School and attacked Hadley in the parking lot, in full view of students and parents just as school was letting out around 3 p.m.
The father was arrested and charged with simple assault, a Class B felony.
The girl has filed a restraining order against Hadley. She and her siblings have also transferred high schools.
"I don't think it's that unusual that a 17-year-old is having sex with a 15-year-old," Michael Iacopino, president of the New Hampshire Association for Criminal Defense Lawyers. "It seems to me this is the perfect case where prosecutorial discretion ought to be used so we don't have a travesty of justice."
Detective Chatel said Hadley will likely have to report his arrest on college and job applications.
"If the girl's father had a concern that she was having sex with another student at her high school, the proper approach would have been to speak with his daughter and to avail himself to resources in their community," said Campbell. "His response should not have been to lash out in anger about a situation that he clearly didn't understand."
So we don't know the particulars of this case, clearly the boy may be acting like a 25 cent stud and in which case, he DESERVES to be accused of molestation.
However, they may be IN LOVE and the girl's family may be trying to split them up.
...you just don't know.
That is why mandatory laws with mandatory penalties are NOT a good idea. This is why we have judges. However, the religious fundaMENTALISTS insist on NO flexibility or discretion on the part of the judge, unless, the judge adheres to the fundamentalists philosophy. A bit like an Arab Muslim-dominated country.
Yet, with a straight face they tell the story in Genesis of Lot and his daughters, after they left Sodom and Gommorrah and Lot's wife is turned into a pillar of salt, who get 'daddy' drunk, take him into a tent and BOTH get pregnant by him... So, lot was 'saved' from fire and brimstone destruction to molest and impregnate his two daughters... so do they burn incest...er... incense at your church?
Do you REALLY want your morality in the Judeo-christian or MUSLIM tradition? Need I remind you about Mohammad's SIX YEAR OLD WIFE?
Therfore, I wish to suspend judgment. Suffice it to say that I know molestation when I see it.
It is a bit like the old lady who calls 911 and tells the operator, Hello! There is a naked man in my bedroom. The operator responds, we will send the police right over. The woman replies, no hurry. Just have them stop by in the morning after breakfast...
So, yes, a pattern of a preditor implies molestation guilt but lovers with only an age difference implies something else entirely.
It is very hard to sit in judgment on these things with mandated laws and still claim to have a shred of humanity...
However, then there is the PREGNANCY PACT (
http://news.yahoo.com/s/ap/20080620/ap_ ... nancy_pact) and the SUBSEQUENT DENIAL (
http://www.cnn.com/2008/US/06/22/pregnancy.pact.ap/) story...
:shakemitk
Then, there is the story of the mistake that never goes away. (
http://www.talkleft.com/story/2005/10/21/111/94392)
When you look at it in a certain light it is ALL FUCKED UP... beyond repair...
:shakemitk