age of consent

[Red-Sky]

california: if a 23 year old man met a 16 year old who told him that she was 18, and they lived together, had a child, and she already had a child by someone else, and the child is now three, and there is a court date set for a custody and visitation hearing, can she bring charges of statuetory rape. she willingly left the child with the father since june of 2001, and he is taking her to court for full legal custody, and she is threatening to charge him with statuetory rape.

 

[reconmp]

Any man in my opinion who shacks up with a 16 year old girl, should be casterated.

 

[MarkNYC]

RIDICULOUS AND STUPID

State of California:
A girl and a guy who are both 17 years old live together. The guy turns 18, she is still 17... Does that make the guy a statutory rapist??

 

[FKNA]

Any man in my opinion who shacks up with a 16 year old girl, should be casterated.

I don't understand your reasoning. She tells the guy she's 18, she already has a kid, it's reasonable to believe her. Why should the guy be castrated for shacking up with her? Why place the blame on him?

 

[reconmp]

If was 16 at the time is what I meant. If she's of legal age, have fun, enjoy. But at 16, in every state I can think of, it would be a crime, and at 16, she is still a child regardless if she has a baby or not. Having a child does not make a person mature, they still have a great deal to learn.

 

[alax]

If I were on the jury deciding who gets custody, I would give it to the father in a heartbeat, based on the simple fact that this issue did not come up until the father said he wanted custody. This 'woman' already had one child by 16, had another child with him, still isn't married to anyone, and she's getting child support from 2 fathers now? Wow, earning a living by having sex and collecting child support and crying rape when the father doesn't want his child brought up in a home like this.
When are the people in our society going to wake up and resume some manner of decency?

 

[reconmp]

I agree with you about the child support issue, but the fact I'm concentrating on is the age issue. If a 23 year old man, was having sexual relations with your daughter, would you mine? I would have him thrown in jail regardless of her feelings. She is old enough to know what she was doing, as was he. Where were or are her parents?

 

[TazzMI]

FYI about age of consent

Most states age of consent is 16. So you must be talking about every state on the west coast you can think of. And I do believe that Statutory Rape is a specific intent crime, meaning mens rea is not needed (evil intent) only the criminal act. So it doesn't matter if she told him she was 18, she's not, so he's going to jail no matter what. Sorry.

 

[alax]

TazMI:
is it a foregone conclusion that the judge will entertain such a motion in his, or her, court? is it a foregone conclusion that the prosecutor, or DA, will seek to charge and jail this man?
this 'case' is in California, so I'm wondering what is the statute of limitations in this, and what are the effects of this being an emancipated minor situation, and what are the effects of this 16 already having had a child from another relationship. I can't tell if the first child is 3 and an infant is involved, or if the mother is at least 19, if not 20, now and the 2nd child is 3 years old. If the second child is now 3 years old, at least 4 years would have elapsed since the relationship in question began. and what bearing would it have on the charge of statutory rape, if the first man (and all the others after him) was not charged with statutory rape--based on her information that is provided, it is possible to construe that this 'woman' was 13 when she had her first child.

 

[Humble Warrior]

Ahhh......you guys can forget the morality,and concentrate on the reality. We have a 16 old slut,with no responsiblity for her actions in the past, or present,and is looking for a free buck.
The simple reality is this: In many states, the minute a 16 year old girl has a kid,or has a living arrangment with a guy as if she were an adult,and with parental knowledge,she is considered immancipated,and is an adult by law.
IF she is dumb enough to take this to court,the only thing she is going to get is practice,not money, nor the child.
In the future she will drop her drawers for someone else,and she will win that case,and we as tax payers will support her, and her child until further notice, or the kid grows up to be like mommy.

 

[TazzMI]

You must be a very popular defense attorney for these pedophiles.

 

[alax]

TAZZMI: Although stated somewhat less abruptly than Humble Warrior's posting, I said the same thing in my original posting. This issue didn't come up until the father wanted custody of his child. If I were on the jury deciding custody, I would give him custody. That would be one less child for we, the taxpayers, to support, right?

 

[TazzMI]

AM I THE ONLY ONE THAT SEES THE CRIME HERE!! Am I the only one who sees that a 23 year old MAN having sexual intercourse with a 16 year old GIRL is CRIMINAL!? Quite frankly how can this man have custody of a child when he's in prison??