• tsonfeir@lemm.ee
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    1 year ago

    Well, statutory rape. I’m not trying to let him off easy, but semantics are important

    • WHYAREWEALLCAPS@lemmy.world
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      1 year ago

      I’m also more fond of something like “Sexually assaulted a minor” or “engaged in sex with a child”. You know, something that hammers home what he did.

    • Prandom_returns@lemm.ee
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      1 year ago

      Statutory rape is rape. It’s in the name.

      It is deemed that an underage person (child) is not able to make decision of this sort. Similarly to an intoxicated person.

      I will continue to call it rape, sorry.

      • Cryophilia@lemmy.world
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        1 year ago

        I disagree. I think there’s a fundamental difference between violent rape, coercive rape, and manipulative rape. And our current terminology doesn’t really work well for pointing out those differences. But the distinction between “rape” and “statutory rape” is a good one.

        I think you’re really harming victims of violent rape by equating that with a 19 year old and a 17 year old having a lay. Or even a 29 year old and a 17 year old. It waters down the term. Now when you say “so and so is a convicted rapist” people can go “yeah, but was it really?

        Edit: my favorite argument for this was how the right wing started calling Bill Clinton a rapist. Do they actually think he’s a rapist? Of course not. Does anyone really? Of course not, except for naive fools. But technically, by the Progressive, ivory-tower, PC, inclusive, new definition of rape…he was. So they used that to attack him, with a bonus of making the actual rapists on their team seem not so bad.

        • Prandom_returns@lemm.ee
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          1 year ago

          So, how violent does the rape have to be to be called a “violent rape”? Is a slap on the ass enough? Or does it have to be face? You see where I’m going with this?

          Honestly, comparing rape severity isn’t really helpful to any victim. And it’s exactly my point. Rape is rape. No matter the severity.

            • Prandom_returns@lemm.ee
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              1 year ago

              No, I do not. Explain it to me.

              You can be severely drunk, but that is a number. You can be severely in debt, but that’s also a number. You can be severly ill, but that’s is also quantifiable.

              Explain me, the different severities of rape, without sounding like a rapist who is trying to downplay and gaslight their victim.

              “Nah, it’s wasn’t that bad”.

              The “severity” of rape is completely down to the victim and the psychological effect it had on them. There is no tier list I’m affraid.

              I understand there are circumstances that would increase the punishment, but I disagree that it’s related to the “severity of rape”.

              • Cryophilia@lemmy.world
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                1 year ago

                There is no tier list I’m affraid.

                There literally is, though. Most states have “misdemeanor sexual assault”, “felony sexual assault”, “statutory rspe”, and “rape” as different crimes with different penalties. Other sex crimes have other names with other levels of severity.

                “Statutory rape” is literally a legal term.

                I don’t know where you got the idea that all rape is equally bad, but it’s wrong and nonsensical.

                For example, in California:

                Statutory rape is a California “wobbler” offense. Depending on the circumstances it may be charged as either a misdemeanor or a felony.

                You violate Penal Code 261 PC, California’s rape law when you have sexual intercourse with another person without their consent accomplished by means of threats, force or fraud. This is in contrast to the crime of statutory rape under Penal Code 261.5 PC, where the question of whether the alleged victim consented is irrelevant.

                Rape is always a felony, punishable by up to eight (8) years in the state prison.37 It is also a “strike” under California’s three-strikes law. In most cases, it also requires lifetime registration as a sex offender as a tier-three offender.

                https://www.shouselaw.com/ca/defense/penal-code/261-5/#5.2

                • Prandom_returns@lemm.ee
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                  1 year ago

                  Because laws historically have always been just, and never improved or corrected… Especially laws regarding sexual assault.

                  I understand that it is different, but really what I’m trying to say is that it I really think it shouldn’t be.

                  The “severity” should only be described by the victim.

                  The only thing that should matter, is the intention of the offender. I understand that mistakes happen in the heat of the moment, especially when you’re around that age of ~18.

                  But we’re talking about Sex traffic’ed minor abuse.

                  So yeah, it’s still rape.

                  • Cryophilia@lemmy.world
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                    1 year ago

                    Oof

                    So if you’re staring into the distance, and someone happens to think you’re staring at them, and they feel violated, and they claim you sexually assaulted them, which under your definition is the same as rape…that’s okay? You’re alright going to prison for 4 years and registering as a sex offender?

                    Objective definitions matter. A LOT. They’re the bedrock of our entire legal system.

      • tsonfeir@lemm.ee
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        1 year ago

        There’s no need to apologize. You can call it whatever you like. However, legally—the important distinction—the charge would be statutory rape (among others, like trafficking).

        It would also depend on the state. I’m not actually sure where the sexual act took place, but in Florida (where he’s from) the age of consent is 18. Should this have happened in Washington State, for example, this would not be statutory rape because the age of consent is 16.

        Either way, it’s prostitution of a minor and sex trafficking which is equally reprehensible.

        Anyway, semantics matter in court, but we’re just chatting.