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Raped 10-year-old "responsible because she looked older"
BillieTheBot
Posts: 8,721 Bot
Story.
So this man has been given a two-year prison sentence because the ten year old he raped "looked older" and might have been wearing a short skirt. Because that makes it all right.
I hope the sentence is overturned, but its helpful to show that what I have been saying all along is true- if you wear a short skirt the judiciary think that you are to blame. The fact that they even extend this to small children is even worse, but sadly not surprising.
If she hadn't been ten he'd have been acquitted completely- that's the thing that really makes my piss boil.
So this man has been given a two-year prison sentence because the ten year old he raped "looked older" and might have been wearing a short skirt. Because that makes it all right.
I hope the sentence is overturned, but its helpful to show that what I have been saying all along is true- if you wear a short skirt the judiciary think that you are to blame. The fact that they even extend this to small children is even worse, but sadly not surprising.
If she hadn't been ten he'd have been acquitted completely- that's the thing that really makes my piss boil.
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Even if that was the case I find it incredible that someone found guilty of rape gets 2 years.
Other than that, without seeing the girl in question, none of us can really comment on how old she looks.
Rape is only in the "forced to have sex" sense in this county; sex with a girl under the age of 13 is, technically, not rape if she consented.
How you work that one out?
So what? You've never seen her, so you can't comment. I've looked into this story quite a bit though, and I honestly don't believe they thought she was 16. There was a case a few months ago with a 10 year old girl where the bloke was let off (well had to sign the sex offenders register) because the girl looked unusually old.
i swear they brought the if they're under 13 its rape no matter what law in 2003 sexual offences act?
some guy got off recently after having sex with an 11 year old with a community sentence, even though the CPS didnt want to prosecute as they both consented (the guy was 18 btw) but he had to be found guilty - social services said in that case the girl was very sexually active by her own reckoning and she done ntohing to suggest she was under 13/16
So? Is consensual sex with a ten year old consensual or "consensual"? The law says they're not old enough to make that call. Psychology would tend to agree. That sentence doesn't account for possible manipulation, the child's state of mind etc.
Also, saying that someone was dressed provocatively - in pro-rape speak that means "she was asking for it" - is not a defence. Well, it is, which is the worst thing, but it's the lamest defence ever. It's the old-ladies-discussing-it-on-a-bus defence: "Shouldn't have been wearing that skirt, should she!"
"Consentual" of course. But if the men had the reasonable belief that she was 16 (and we can't possibly know, because we haven't seen her) then there is no intent. And without intent to rape, the only real crime is a failure to properly ascertain her age resulting in a rape taking place. Is this just as bad? Well in terms of it's effect on the victim, probably. However, in terms of the risk to other 10 year old girls from the convicted (and therefore, the decision about a prison term), certainly not. But this is why none of us can have an opinion, because "I thought she was 16" may be a valid defence in some cases, and not in others, based on the circumstances, and the age the girl looks (not what she's wearing). But I'd like to see another trial based on the judge's past record and comments upon sentencing, which are clearly not up to scratch in my view.
Agreed
http://www.news.com.au/story/0,23599,21969117-2,00.html as i saw it on a link on somebodies live journal.
I cant understand how a 10 year can look 16 yeah maybe if she was 14/15 she would look 16 if she got dressed up but thats still no excuse for what he did.
You think? I've been saying this for years, between this and the happy slap murders, I can see our judicial system either needs an overhaul or complete replacing.
My understanding of the Sexual Offences Act 2003 is that having sex with a girl under the age of 13 is not rape if she consented, but it is an equivalent offence to rape, so the distinction is moot. But I could be mistaken on that, its a while since I did anything to do with that area of law.
It's degrading to men that because a woman has her boobs out a bit, that he cannot control his urges to bone her, whatever her age, whatever her wishes.
It also suggests that a woman is responsible, or was asking for it.
The only person ever responsible for rape is the man, that is why it is called 'sexual violence', no woman ever asks to be raped, it's f*cking horrible and to suggest that it happened because of something she did is disgusting.
Re: the kids age
Sorry, but I don't see how you can mistake a 10 year old for a 16 year old. For starters, whilst some people are early bloomers as regards menstruation (like my friend for example), they do not usually have the curves and physique a 16 year old has.
It's only rape if the victim didn't consent.
As for he not looking 16, well doctors examining her believe her to be in her "mid teens." But naturally if it's borderline, it's the adults responsibility to be sure of her age or suffer the consequences.
Sorry, but this opinion has no merit. Yes in most of our experiences, a 10 year old can't look 16, but without seeing the girl, none of us can have an opinion on this defence. We just have to trust the judge (which I don't, and is why I would like to see a retrial, that I think is going ahead).
I think that's how it works in practice, but AFAIK its a separate offence to have sexual intercourse with a girl under the age of 13. Certainly if the girl is aged 13 or over, and she consented, its a much lesser offence.
I'm going to have to check that when I go back to work, because I'm not sure now...
I can definitely see how she could be seen to be 13 or 14, but even that's by the by. She was a girl who was raped, and the rapist has been given a pathetic sentence because she wore a short skirt.
I'm sure kids do talk, but someone must have pressed charges and the girl must have told the police all about what happened.
They've been convicted, at least, thank God. If she'd been any older I bet they wouldn't have been, though.
i also believwe the judge said it was one of the hardest cases he's ever dealt with
However you can see a difference between that case and someone who knowingly has sex with a young child. If the girl Rix slept with had been 3 months older he would not have committed a crime, distasteful as such act would have been. Still, he should have checked some ID...