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Thread: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Slyfox696 View Post
    No, it is not. At 17 years old, the person would still be a minor. Just browsing through the laws on Ohio sex laws, a 17 year old boy with a 14 year old girl would not be statutory rape. Over and over again you'll see 18 or older with person older than 13 but less than 16 is a violation of the law, but nothing to suggest 17 and 14 is against the law. At least with regards to statutory rape.

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    I stand corrected.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by lizzie View Post
    Then the young lady needs to get her act together, and start cooperating with the prosecution. You don't convict someone of a crime, without convincing testimony and cooperation by the one who was the victim.
    The girl is scared out of her wits. Her house was set on fire.

    "Get her act together" ????????????

    Maybe if she wasn't in fear for her life and her families life she'd be more apt to have "her act together".

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Slyfox696 View Post
    And the perpetrators were not men, they were drunken high school boys.

    As I've said multiple times now, a state of unconsciousness means she could not consent. But her age and BAC have nothing to do with it.

    She and the boys should be charged, regardless of the outcome of the other case. You're right, she (and they) won't be, but they should. If we have law, we should follow the law.
    Following this LAW you love so much, a 14 year old girl is legally incapable of providing consent for sexual acts in the entirety of the United States. A 17 year-old is old enough to give consent.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Slyfox696 View Post
    And if the boys were too drunk to give or withdraw consent?
    Were they the ones being raped?

    Regardless, being too drunk to tell whether or not someone is too drunk to provide consent for sexual acts is not a legal defense against such legal charges against the party who initiates the sexual contact.
    Last edited by CycloneWanderer; 10-15-13 at 12:07 PM.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by CycloneWanderer View Post
    Following this LAW you love so much, a 14 year old girl is legally incapable of providing consent for sexual acts in the entirety of the United States.
    Only with someone over the age of 18.

    A 17 year-old is old enough to give consent.
    A 17 year old is not considered an adult in the eyes of the law, at least in Ohio. I've already posted the link to the website with the law earlier in this thread.
    Quote Originally Posted by CycloneWanderer View Post
    Were they the ones being raped?
    Circular argument. Try again.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by CycloneWanderer View Post
    Following this LAW you love so much, a 14 year old girl is legally incapable of providing consent for sexual acts in the entirety of the United States. A 17 year-old is old enough to give consent.
    If the offender were 18, that would matter. And if he were, it wouldn't be statutory rape.

    Ohio Revised Code:

    2907.02 Rape.

    (A)
    (1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
    (a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
    (b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.

    (c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
    (2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
    (B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(1)(a) of this section substantially impairs the other person's judgment or control by administering any controlled substance described in section 3719.41 of the Revised Code to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one of the prison terms prescribed for a felony of the first degree in section 2929.14 of the Revised Code that is not less than five years. Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an offender under division (A)(1)(b) of this section shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code. If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of this section, if the offender was less than sixteen years of age at the time the offender committed the violation of that division, and if the offender during or immediately after the commission of the offense did not cause serious physical harm to the victim, the victim was ten years of age or older at the time of the commission of the violation, and the offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court shall not sentence the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, and instead the court shall sentence the offender as otherwise provided in this division. If an offender under division (A)(1)(b) of this section previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of this section or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of this section, if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, or if the victim under division (A)(1)(b) of this section is less than ten years of age, in lieu of sentencing the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, the court may impose upon the offender a term of life without parole. If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the offender automatically is classified a tier III sex offender/child-victim offender, as described in that division.
    (C) A victim need not prove physical resistance to the offender in prosecutions under this section.
    (D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
    Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
    (E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
    (F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
    (G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.
    Effective Date: 06-13-2002; 01-02-2007; 2007 SB10 01-01-2008
    Being 17, this does not apply:

    2907.04 Unlawful sexual conduct with minor.

    (A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
    (B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
    (1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.

    (2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
    (3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.
    (4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.
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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    His best friend admitted she was sexually assaulted whilst she was unconscious.

    At one point, the girl was on the ground, naked, unmoving and silent, according to two witnesses who testified. Mays, they said, had exposed himself while he was right next to her.

    Richmond was behind her, with his hands between her legs, penetrating her with his fingers, a witness said.

    "I tried to tell Trent to stop it," another athlete, who was Mays's best friend, testified. "You know, I told him, ‘Just wait — wait till she wakes up if you're going to do any of this stuff. Don't do anything you're going to regret.' "
    In an ideal world, all victims of sexual assault would have the courage and determination to follow through with the prosecution process to ensure justice is served. We also know unfortunately that is often not the case. This girl was 14 years old. I'm disgusted that people are passing judgement on her decision to not pursue this. You know nothing about what mental or physical condition she is currently in. Her house was set on fire. Jesus. You can't understand why a 14 year old would have difficulty coping with the enormity of this?

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    No surprise that the rape apologists in this thread are on the right side of the political spectrum. It's amazing how one's lean can be a predictor of one's misogyny.

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Harshaw View Post
    If the offender were 18, that would matter. And if he were, it wouldn't be statutory rape.

    Ohio Revised Code:



    Being 17, this does not apply:
    It appears to say it would matter if he were 4 or more years older. If she had been 13 it would be rape if "consensual".

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    re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #380]

    Quote Originally Posted by Harshaw View Post
    If the offender were 18, that would matter. And if he were, it wouldn't be statutory rape.

    Ohio Revised Code:

    Being 17, this does not apply:
    (c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

    A person who is drunk to the point this girl was at is considered to be substantially mentally and physically impaired. The boy knew that she was drunk.

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