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35-year-old woman has sex with 14-year-old boy. Case against her is dropped. News article says it's "hard to suppress a giggle" about it.

unbelievablepeople

July 7, 2017
131 upvotes
/r/MensRights
http://bayview-news.com/2017/07/woman-ignorant-sons-friend-was-14-not-16-as-they-dallied.html/
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Title 35-year-old woman has sex with 14-year-old boy. Case against her is dropped. News article says it's "hard to suppress a giggle" about it.
Author

unbelievablepeople

Upvotes 131
Comments 40
Date July 7, 2017 3:10 PM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/6lu9ol/35yearold_woman_has_sex_with_14yearold_boy_case/
Archive Link https://theredarchive.com/r/MensRights/35-year-old-woman-has-sex-with-14-year-old-boy.918645
https://theredarchive.com/post/918645
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Comments

[–]DerangedGinger 27 points28 points29 points 9 years ago (21 children) | Copy Link

When I loaded the webpage I was greeted with an advertisement for "CGS" pre-k. I took a screenshot of that. I wonder if they'd be interested to know their advertisement with a picture of a young child is placed next to an article making light of the rape of a child.

[–]Apexbreed 9 points10 points11 points 9 years ago (0 children) | Copy Link

Maybe they would like to be emailed about it so they know...

[+]mwobuddy -14 points-13 points-12 points 9 years ago (19 children) | Copy Link

You call it rape... Did she actually force anyone here?

[–]plankyman 9 points10 points11 points 9 years ago (15 children) | Copy Link

He's 14 years old. That is rape.

[+]mwobuddy -6 points-5 points-4 points 9 years ago* (14 children) | Copy Link

So the story you're sticking with is that people who aggressively pursue sex are still victims of rape, akin to women who are beaten up or threatened with a knife? To me, this sounds kind of like a shitty deal for those who are victim of those real types of rape, since it equates the terror they go through with someone who had sex when and with someone they wanted to. That sounds like minimizing the latter group's pain.

Will this 14 year old curl up into a ball and hate the thought of being touched sexually by another person the rest of their life?

https://www.reddit.com/r/MensRights/comments/6e9m6j/a_young_man_at_my_local_high_school_killed/di8xdpd/

You pretty much dodged my question: Did she actually force anyone?

MIS is considered de-facto if an adult has sex with a teen, even if he or she is a massive slut. A 15-17 year old can take an entire football team full of underage dicks, to the permissive culture that believes that 'age-peer' sex is 'non-exploitative', and we consider that person not a victim, exploited or harmed.

That same person, a day later, takes a dick thats 25+ old, and suddenly they're a victim of harm, [even called a rape victim], even if they wanted it. Like, what?

[–]plankyman 1 point2 points3 points 9 years ago (11 children) | Copy Link

I'm a little confused here, are you saying that it legally isn't statutory rape to have sex with someone under the age of consent if the minor wants to do it? Or that you don't believe that it should be classed as rape to have sex with someone under the age of consent, and therefore it isn't?

[–]mwobuddy 0 points1 point2 points 9 years ago (2 children) | Copy Link

Look its really very simple. Your assertion seems to be that it is rape because the law claims it to be rape.

If this is the case, then let us go into the world of tomorrow. In tomorrow-land, they've reduced the age of consent to 14. To maintain consistency, you need to say that its no longer rape because its legal. How about if it gets reduced to 11? 9? 3?

At a certain point, i feel that you'd say "look, even if its now legal, its still fucking rape, I don't care what the law is, fucking a 3 year old is rape".

Alternatively, we can say that in tomorrow-land, all rape laws are repealed. Is a force fuck by threat of death on a woman no longer rape because the laws say it isn't anymore?

What about if rape laws in this fictional future were changed to include the touching of weenises as opposed to weenies? Would you seriously believe in that world that an elbow grab is equivalent to rape?

This last bit is exactly how you're behaving, and I could readily see you, were you to be born in a culture that already had a law like weenis-grab-rape, to perpetuate the belief system that such a thing is rape, because you're using the same reasoning in this real case: "the law says so, so it must be so".

You do seem to know what rape is, as I'm sure you'd call the elbow grabbing example ridiculous. You seem to know what it is, as I'm sure you'd call fucking a 3 year old rape. You seem to know what it is as Im sure you'd call force fucking a woman on threat of death to be rape.

For some reason, you then get confused about what rape is when it comes to age of consent laws, which are arbitrarily set and legal fictions. Even if someone wants the dick or vag, they're still a victim.

Why do you not seek harsh punishments for male or female juveniles who have sex (sorry, I mean commit rape) with/against another juvenile who is underage? After all, what matters is that the law was broken.

[–]plankyman 1 point2 points3 points 9 years ago (1 child) | Copy Link

Let me ask you, since you seem so desperate to convince me that you're right. Where do you draw the line?

[–]mwobuddy 0 points1 point2 points 9 years ago (0 children) | Copy Link

since you seem so desperate

cute ad homs aside, I've heard this 'gotcha' argument plenty of times. Instead of saying you're more or less convinced, or arguing the point, you go into slippery slope/move the goalposts mode by "where do you draw the line?"

We can come to that bridge (I'll be cute like you here now and say the bridge from under which you came) if you make the concession that it probably isn't rape. Then and only then is any argument of where to draw the line valid.

Attempting to defeat the claim that it isn't rape in this specific instance by "where do you draw the line" is typical slippery slope asshattery, and I will not have it.

[–]mwobuddy -1 points0 points1 point 9 years ago* (0 children) | Copy Link

https://en.wikipedia.org/wiki/French_petition_against_age_of_consent_laws

Michel Foucault stated that the petition was signed by himself, by the novelist/gay activist Guy Hocquenghem, the actor/play-writer/jurist Jean Danet, pediatrician and child psychoanalyst Françoise Dolto and also by people belonging to a wide range of political positions.[1]

https://en.wikipedia.org/wiki/Sexual_Morality_and_the_Law

The fabrication of a crime

Foucault observes that whereas the law formerly condemned the infringement, the act of breaking the law, we enter from now on in a disciplinary society which condemns the criminal himself – called "delinquent" or "pervert" – and instead of punishing the act, we criminalize a person or a category of the population.

Hocquenghem sustains that "a whole mixture of notions" is responsible for the fabrication of the idea of the crime against decency, ranging from religious prohibitions concerning sodomy to the separation between the world of the child and the world of the adult.

He observes that this was possible due to the creation of a category of people regarded as "perverts", "legal monsters" whose aim in life would be to practice sex with children. They would then really become intolerable perverts since the crime as such is recognized, and reinforced by a psychological and sociological arsenal.

Foucault sees the emergence of a new penal system, with the focus changing from criminal acts to the definition of dangerous individuals. He predicted that a society of dangers would come:

"We're going to have a society of dangers, with, on the one side, those who are in danger, and on the other, those who are dangerous. (...) Sexuality will become a threat in all social relations, in all relations between members of different age groups, in all relations between individuals. And sexuality will no longer be a kind of behavior hedged in by precise prohibitions, but a kind of roaming danger, a sort of omnipresent phantom, a phantom that will be played out between men and women, children and adults, and possibly between adults themselves. It is on this shadow, this phantom, this fear that the authorities would try to get a grip through an apparently generous and, at least general, legislation and through a series of particular interventions that would probably be made by the legal institutions, with the support of the medical institutions." 

http://www.nytimes.com/2002/04/13/books/renegade-view-on-child-sex-causes-a-storm.html

Although it will not arrive in bookstores until May, it has already been branded an apologia for pedophiles by talk radio hosts and conservative critics across the country, and Tim Pawlenty, the Republican majority leader of the Minnesota House of Representatives, has called for the university to cancel the book.

Ms. Levine argues that sex between teenagers and adults is not always wrong, and that many people are too quick to deny children and teenagers the right to make their own sexual decisions, often by labeling all such contact ''abuse.''

But in the United States, views like those often lead to angry accusations. In 1998, The Psychological Bulletin, a highly respected journal, put out by the American Psychological Association, published a review of 59 prior studies of college students who said they had been sexually abused in childhood. The authors concluded that the effects of these encounters were ''neither pervasive nor typically intense,'' although they said gender and circumstance were important factors: a mature 15-year-old boy who has an affair with a young woman, for instance, is far less likely to feel damaged than a girl who has been raped by her father. The authors questioned the practice, common in many studies, of lumping all such cases together as ''sexual abuse,'' suggesting that in some cases they could more accurately be called ''adult-child sex'' or ''adult-adolescent sex.''

Earlier this month, legislators in Missouri voted to cut $100,000 from the University of Missouri's budget because of a 1999 journal article by a university political scientist, Harris Mirkin, that questioned whether all sexual contacts between adults and children constituted abuse. Dr. Mirkin, a father and grandfather who says he has no sympathy for child abusers, says he has received threats as well.


Of personal note; its fascinating that a person is a 'young man' at age 34, when being spoken to by someone 40-50 or older, but they're a disgusting old man' if they're banging a legal 16 year old.

Young adult actually extends to something like 31-33, whereafter middle age takes over.


http://time.com/3639041/the-invention-of-teenagers-life-and-the-triumph-of-youth-culture/

https://www.buzzfeed.com/louispeitzman/teenagers-were-not-invented-in-the-1940s

https://en.wikipedia.org/wiki/Adolescence

Not biologically children...


Now, if you're a clever one and can read inbetween the lines, pedophile apologia is when people say sex with teens is alright. Why is this, when they are neither biologically or psychologically children? Because of the consistent drive to do exactly what Foucault was warning; create two classes of people, turn a group of people into subhumans for whom lynchings are called on, etc.

You have these beliefs but did you gain them from actual thought or from passive absorption via culture? How can you claim something is rape when it doesn't fit any rational description? you do it without even thinking about it, a knee jerk reaction.

[+]mwobuddy -6 points-5 points-4 points 9 years ago (6 children) | Copy Link

Age of consent is a legal fiction. Yes, you'll go to jail for it, but laws don't make something facts. Blacks used to be considered property, not people, by law. Do you think that Blacks were actually property during that time period when they were legally viewed as such, or do you believe they were people legally mislabeled as property and not humans. Slavery/property/not-human is a comparable legal fiction.

When there are laws which state it is not illegal for two people close in age to fuck like rabbits, you have to wonder why or how it can even be called rape.

The reality is that is was born of feminist/suffragette propaganda designed to control and punish male sexuality.

[–]James32015 0 points1 point2 points 9 years ago (4 children) | Copy Link

Age of consent is a legal fiction.

That's all laws. Everything that is against the law is that way because we as a society made it that way. Law doesn't determine morality but it does determine what's against the law and what isn't.

[–]mwobuddy 0 points1 point2 points 9 years ago (3 children) | Copy Link

Murder and real rape aren't legal fictions. If you stab someone, they're dead. If you force someone into sex, its rape.

Declaring it rape when you have no forced anyone into sex is pretty much definitively legal fiction.

[–]James32015 0 points1 point2 points 9 years ago (2 children) | Copy Link

Are you just pretending that statutory rape doesn't exist?

[–]mwobuddy 0 points1 point2 points 9 years ago (1 child) | Copy Link

the fact you must preface it with the word statutory kind of means that it isn't a real thing, but a legal thing.

[–]James32015 0 points1 point2 points 9 years ago (1 child) | Copy Link

You pretty much dodged my question: Did she actually force anyone?

Well we don't know the details of this particular case but it's completely inconsequential. Having sex with a minor is illegal in and of itself.

[–]mwobuddy 0 points1 point2 points 9 years ago* (0 children) | Copy Link

That doesnt make it rape. The case involves a 14 year old aggressively pursuing a 35 year old.

rape to me means, as by dictionary definition as well, the forced or coerced sex of another. This case does not exhibit that in the slightest. Actually, he was pursuing and coercing her, by any reasonable read of the situation. Had he been 16-18, that's what we'd actually think. Funny how an arbitrary line can warp our thinking on what should be a clear subject.

Many states have close in age exempt laws, wherein a 14 year old aggressively pursuing another 14 year old is not a victim, which is kind of bizarre, because it seems more clear in that kind of case that if one 14 year old is pursuing the other, the other is the actual victim since they're not supposed to be capable of consenting, AND they were 'groomed' by the first 14 year old.

Do you know that over 93% of underage teenage sex offenders are male?

Do you know that if an underage girl sends her nudes to an underage guy, the underage guy is the one getting in trouble by law for having child porn? If he sends dick pics to her (whether or not she sends nudes to him), he's also in trouble for creating and distributing child porn as well as sending harmful material to a minor.

Do you know that the original design of age of consent law targeted only males who fucked females and not the other way around? Do you know that feminists in the 1800's were lobbying to increase it, saying both at once that females should have bodily autonomy but that men were responsible for 'tainting them sexually', and they wanted to punish and control male sexuality? They literally said "we want to control male sexuality". Want links to all the books you could ever want surrounding suffragette beliefs?

Do you know that if two underage people fuck currently, in states where close in age exemptions either dont exist or only downgrade a felony to misdemeanor, it is almost universally the male who is charged and imprisoned/put on sex offender registry for sex with his underage girlfriend, not the other way around?

It should be quite clear that AoC law meant to target males, as it still does, for sex with females, not the other way around. A woman getting off twice, first with a boy, then lightly in a sentence or no sentence at all, is a perpetuation of cultural sexual myths surrounding agency of females, which are required to believe in for the Age of Consent to originally have been created in the first place.

Did you know that if two underage people meet up and fuck in person, in CiA states, they may be breaking no law at all. However, if one (typically male), uses the internet to meet and 'hook up' with the other, they're breaking 'child grooming internet laws', and even though what they did physically may be legal, the guy will STILL go to jail and be put on S.O. list for using a computer to hook up with her?

The law has never been about reasonable standards of consent, but about punishing males for sex with underage females. That's why its so 'bizarre' when women get light or no sentences for similar acts, especially if they can claim reasonable doubt as to Mens Rea.

Further to the point, lets go into 'legal adult land', where any male 18+ can be in trouble for 'revenge porn' by sharing nudes of some bitch without her consent. On the other hand, she can share nudes and get away with it every time. No one convicts a woman for body shaming or exposing a man without his consent. In fact, its a funny commercial.

https://www.youtube.com/watch?time_continue=25&v=XTVXufBRN14

Making light of taking a picture of someone in their underwear without their consent, and everyone who looks like an average person is 'oohing and aahing' over it and resharing it. Could you imagine the behavior of people in the video, let alone the response of the culture we live in, if it was a female soccer player that got locked out, and some male maid took a secret photo of her and shared it to all his followers so they could ogle it?

Ironically, as women never get in trouble for revenge porn of men, they DO get in trouble for revenge porn/body shaming other women. The new Power Rangers movie had Kimberly or whatever her name was in that juvenile boot camp-after-school-weekend place for sharing nudes of a friend out of spite. Of course, this isn't explicit, but its heavily, heavily implied. And the message after it? She's not really a bad person, she just did something wrong and can be 'saved'. Is that the message we tell males who share revenge porn of females?

Then, of course, there's the whole body shaming by some model of a fat old naked woman. She got in trouble there, but we've never heard of a case where a woman was convicted of revenge porn against a man.

[–]ShiningConcepts 2 points3 points4 points 9 years ago (1 child) | Copy Link

Imagine if you had a 14 year old daughter, and I, at age 35, had sex with her. I bet your ass you'd be singing an entirely different tune.

[–]mwobuddy 0 points1 point2 points 9 years ago* (0 children) | Copy Link

Because it'd be any different than her fucking a 14 year old guy, right? because females are special and need protection from males, right? Are you a conservative or a feminist? Either one thinks females are specially oppressed victims with no agency. That exactly why feminists pushed age of consent propaganda ONLY to 'protect' females under 16-18 from sex from males of ALL ages. The male is deemed to gain, the female deemed to suffer/lose, through sexual intercourse. And of course, they are 'seduced', ergo no personal agency.

What you're trying to do is very similar to pro-abortionists.

"Well, what if it was your daughter that got RAPED, would you be for abortion then?"

its a stupid tactic designed to make someone emotional and irrational.

Why couldn't you have made the argument "what if it was you child, of either gender, who got fucked by a 35 year old"?

[–]HeForeverBleeds 14 points15 points16 points 9 years ago (4 children) | Copy Link

It does seem like the most common responses to women raping boys or men are ether treating it as a joke or treating it as a sexual fantasy, and very rarely as actual sexual abuse. I'm curious, if a survey were to be conducted, what portion of the population would genuinely say that they believe women coercing men into sex or have sex with young boys is not an issue. Either way, whatever it is, it's way too many

The actual article is very interesting, and I'm grateful to Monique St. Germain and Justin Trottier for pointing out the double standard about female-on-male sexual abuse

The issue is, even if she didn't know that he was under the age of consent

she took no steps to ascertain the complainant's age before she had sex with him

She's a 35-year-old woman. Even if the 14-year-old boy looked 18, she should have checked to make sure. Maybe it'd be different if she were like 18/20 and thought he looked her age, but he was clearly way younger than her anyway; it'd be different if he lied about his age and / or had a false ID, but she was completely irresponsible in not even checking or asking

Also

was the sole parent and adult at a high school party when she had sexual intercourse with a boy

It'd be different if she met him at a bar or a club, but at a high school party means more likely than not he was under-aged. It's a huge injustice that she was acquitted on the ground of ignorance, when best case scenario she knew she was a full grown adult having sex with a high schooler

[–]tiqr 5 points6 points7 points 9 years ago (3 children) | Copy Link

The age of consent in Canada is 16. Her son, age 17, hosted the party. The boy was one of the son's friends. He also initiated the sexual encounter, and she repeatedly told him to stop.

As you say, best case scenario she knew she has having sex with a high schooler. This is one of those best case scenarios, and having sex with a high schooler isn't a crime if they are 16 or older in Canada.

[–]HeForeverBleeds 1 point2 points3 points 9 years ago (2 children) | Copy Link

if they are 16 or older in Canada.

Which he wasn't and which she would have known had she asked for an ID. High schoolers are usually 14-18, meaning even with the AoC being 16, there was a good chance he was under it. She knew he could have been as young as 14 or 15, but didn't check

Him initiating it isn't the same as him forcing her into it. She still had the responsibility to make sure this high schooler wasn't apart of the 40% underaged

[–]tiqr 3 points4 points5 points 9 years ago (1 child) | Copy Link

Again. Her son was 17. Her sons friends were 17. He shaved, regularly had cigarettes, and made the moves on her. The court looked at ALL of these facts, and determined that it was enough for her to be acquitted. Remember that the standard is beyond a reasonable doubt. It doesn't take much to get acquitted of a crime. Even if she is 70% guilty, she still gets to walk. That's how the system works. That is fair.

[–]K10111 12 points13 points14 points 9 years ago (7 children) | Copy Link

"...was over the age of 16 because he had facial hair, a mature demeanour and apparent sexual experience. He also smoked and took care of his younger siblings."

Nothing wrong with that defense.

[–]Apexbreed 8 points9 points10 points 9 years ago (0 children) | Copy Link

Not sure if you are being sarcastic or not, but this actually is a pretty good defense. Someone's appearance goes a long way for proving stat rape cases. That's why prosecutors have underage girls (even if they are 17) dress up like tiny little girls so juries will see the suspect as a child molestor. Not saying it's right or wrong either way.

[–]Kyle_Fischer 5 points6 points7 points 9 years ago (4 children) | Copy Link

Problem is that in many states the mistake of fact defense does not apply. I don't really know about Canada's criminal code.

But, imagine if I asserted this defense: According to documents filed by the appellant with the Supreme Court, George assumed C.D. was over the age of 16 because she had large breasts, a mature demeanour and apparent sexual experience. She also smoked and took care of her younger siblings.

Would they reverse for my client?

[–]tiqr 4 points5 points6 points 9 years ago (0 children) | Copy Link

Here's a case where a 24 year old man was acquitted for sex with a 15 year old because she was often drinking: https://www.canlii.org/en/on/onsc/doc/2017/2017onsc120/2017onsc120.html?searchUrlHash=AAAAAQAYIm1pc3Rha2VuIGJlbGllZiBpbiBhZ2UiAAAAAAE&resultIndex=7

Here's another: Accused was 21 and the Complainant 14. Accused was found guilty of sexual assault (there was no consent), but acquitted on sex with a minor because his belief that she was older than 16 was reasonable.

https://www.canlii.org/en/ab/abpc/doc/2011/2011abpc350/2011abpc350.html?searchUrlHash=AAAAAQAYIm1pc3Rha2VuIGJlbGllZiBpbiBhZ2UiAAAAAAE&resultIndex=3

[–]JakeDC 0 points1 point2 points 9 years ago* (2 children) | Copy Link

This is a bit broad brush, but basically right.

In all states (I am pretty sure, statutory rape is a strict liability crime, which means that you can be convicted regardless of what you knew or thought about the age. Knowledge of age simply is not an element of the crime. In at least some jurisdictions, however, mistake of fact can be used as an affirmative defense. But the bar is high. Basically, the "victim" hs to have taken significant steps to purposely mislead the defendant about his or her age. And since this involves an affirmative defense, not an element of the crime itself, the burden of proof is on the defendant. Upshot - in the US, mistake of fact concerning age is only relevant in some jurisdictions. And in those regardless of ~~jurisdictions, ~~mistake of fact concerning age it is only relevant in an extremely narrow class of cases and, even then, is extremely difficult to establish.

Edits: correction/consistency (thanks, /u/Kyle_Fischer).

[–]Kyle_Fischer 0 points1 point2 points 9 years ago (1 child) | Copy Link

Well, it's not an affirmative defense in Florida or Georgia where I am licensed to practice law. But, it is under the UCMJ at Courts-martial.

[–]tiqr -2 points-1 points0 points 9 years ago (0 children) | Copy Link

And that's only part of it. He was a friend of her sons, who was 17 years old. He also initiated the sexual encounter and she repeatedly told him to stop.

[–]thrway_1000 1 point2 points3 points 9 years ago (0 children) | Copy Link

https://archive.is/UVXju

[–]cymrich 1 point2 points3 points 9 years ago (0 children) | Copy Link

how many men have used that defense? "I didn't know she was under age!"... and how many were believed? not many, if any, I'm sure...

[–]tiqr 3 points4 points5 points 9 years ago (3 children) | Copy Link

Put down the pitchforks guys.

Here's the SCC Decision: https://scc-csc.lexum.com/scc-csc/scc-csc/en/16723/1/document.do

First, this took place at a party hosted by her 17-year-old son. It would be reasonable to expect the other guests to be a similar age.

The sexual activity happened after Ms. George’s son — who was 17 at the time — hosted a party at their apartment.

Second, he came to her bedroom on his own, and they talked for a long time about "mature" topics.

However, after the party ended, C.D. came to the bedroom. They spoke for several hours about music, custody issues, C.D.’s relationships, and his difficulties meeting mature girlfriends.

Third, the boy initiated the sexual contact. She repeatedly asked him to stop, but ultimately let him have sex with her. The boy wasn't accused of sexual assault for this.

Ultimately, C.D. initiated sexual contact. He asked Ms. George if it “would be weird” if he kissed her. Almost simultaneously, C.D. leaned forward to kiss Ms. George. She backed away, but C.D. again moved towards her, and she let him complete a brief kiss. C.D. then “immediately” moved on top of Ms. George, removed the blankets which were covering her body, lowered his pants, and moved her underwear to the side. She asked him what he was doing. She also asked him to stop several times. But he ignored these requests and persisted. In the end, Ms. George “simply let him finish.” She described the sexual encounter as “weird, awkward, and quick.” Despite these facts, there was “no dispute that, although reluctant at first, Ms. George was a willing participant.” Further, before the Court, neither party contested Ms. George’s consent to the sexual activity.

At Trial, she was acquitted. On Appeal, she was found guilty. At the Supreme Court, she has been acquitted. The Supreme Court agreed with the Trial judge. She successfully argued that there was an "air of reality" to her mistaken belief that he was over 16.

The court looked at the range pre-encounter indicators of the boy's age. He was at a party with her 17 year old son. He had facial hair, and looked older. He engaged in mature, adult conversations with her. He smoked and easily bought cigarettes.

At the time of the sexual activity, Ms. George had presumed that C.D. was around 17 because, in the several months she had known C.D., he looked that age, shaved, openly smoked cigarettes, easily bought cigarettes, and was a friend of her son (who was himself seventeen, typically socialized with older peers, and displayed less emotional maturity than C.D.).

Moreover, the comfort with which C.D. initiated the sexual encounter suggested he was older. When the court talked about his he appeared to be "sexually experienced", they were not saying "he was good at sex", they were saying he initiated the sexual encounter with a degree of confidence that suggested he was older.

The law says an accused can reasonably believe a person is of the age of consent if they take reasonable steps. This does NOT mean you need to check their ID to meet this standards (the Court also says that sometimes checking an ID could conceivably be not enough because of fake IDs). It will depend on the facts of every case. Here, there were lots of good reasons to believe this boy was at least 17 years old. The court found that there was sufficient evidence for her to reasonably believe he was of the age of the consent.

And to be frank, this boy borderline sexually assaulted her. The court doesn't list it in their reasoning, but I guarantee it was on their minds. She didn't groom this kid in advance. She had no reason to suspect he was 3 years younger than her son. And she certainly didn't plan this encounter. Her only error in judgment was carrying on a conversation in her bedroom, and not being forceful enough in pushing the kid off of her.

I think the Court made the right decision here.

[–]Singulaire 1 point2 points3 points 9 years ago (1 child) | Copy Link

It's certainly an interesting case. While I don't consider myself enough of a legal scholar to argue with the SCC decision, I do think it's worth noting that, when asked if she had sex with someone under 16 (in her RCMP application), she was not confident in answering negatively. That's certainly at odds with saying that she was confident the boy was past the age of majority.

[–]tiqr 0 points1 point2 points 9 years ago (0 children) | Copy Link

You are absolutely right, but you are forgetting about the criminal standard - beyond a reasonable doubt.

[–]cymrich 0 points1 point2 points 9 years ago (0 children) | Copy Link

so what if she did think he was over the age of consent? its still her responsibility to make sure of it. if it was an older man having a party for his daughter, and one of her friends talked to him about mature subjects and made sexual advances toward him, to which he initially said no but eventually allowed and had sex with her... would anyone be saying "well he had a reasonable expectation that she would be old enough"... no... nobody would say that... they would crucify him for not being absolutely 100% sure, and then he would be jailed, and upon release, registered as a sex offender! hell, even if he did ask and she LIED and said she was old enough, he would still get treated the same!

[–]GiverOfHarmony 0 points1 point2 points 9 years ago (3 children) | Copy Link

I tried to get to this page by clicking the link and the site wasn't available.

[–]unbelievablepeople[S] 1 point2 points3 points 9 years ago (2 children) | Copy Link

Looks like they took the article down.

[–]GiverOfHarmony 0 points1 point2 points 9 years ago (1 child) | Copy Link

I guess so

[–]Panel2468975 2 points3 points4 points 9 years ago (0 children) | Copy Link

And that kids, is why we archive.

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