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Rapists jailed for just 40 MONTHS because judge said 11 year-old victim was wil

Discussion in 'The OT' started by cj9788, Feb 21, 2012.

  1. cj9788

    cj9788 Hall Of Fame

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    "Roshane Channer and Ruben Monteiro, both 21, attacked the girl while someone filmed it.

    But Judge David Farrell QC said: "Despite her age it is accepted she was a willing participant."

    The pair claimed the victim looked at least 14 — and the judge agreed.
    Channer had sex with her while Monteiro had oral sex — now classed as rape, Luton Crown Court was told. Channer, of no fixed address, and Monteiro, of Luton, Beds, admitted rape. They will be on the sex offenders register for life."
     
  2. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    Probably worth noting that this happened in the UK, and the age of consent there is 16.

    Not saying I agree with the ruling, as I don't know the specifics beyond the linked article... but IF what made the article is taken at face value, it might not be as unreasonable as it seems at first glance.
     
  3. fluffybear

    fluffybear Hall Of Fame DBSTalk Club

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    Peachtree...
    The judge should be serving those 40 months along side these two for being an idiot but sadly idiocy is not a crime.

    So their defense is that she looked 14? I thought that was still a crime. The only thing to be thankful here is that this happened in the UK so we won't have to worry about flooding our appeal system with those trying to use this as a way to get their sentence reduced.
     
  4. fluffybear

    fluffybear Hall Of Fame DBSTalk Club

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    Peachtree...
    As you pointed out, the age of consent is 16. However, there defense seems to have been that she looked 14. I'm sorry but I see no wiggle room there.
     
  5. trh

    trh This Space for Sale

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    I thought the age of consent meant that if you were under the age, then you didn't have the capacity/ability/maturity to make the such a decision. So how can the judge state that she was a willing participant?
     
  6. runner861

    runner861 Icon

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    In the US, if the victim consents to the sex act, it is not considered rape, regardless of the victim's age. It is, however, still a crime when the victim is underage. Still, the sentence is not out of line with what could be received in the US for this same act. Remember, in the US we hear of child molestations all the time. Rape is reserved in the US to describe an act of sexual intercourse accomplished against the victim's will. Also, reasonable mistake of fact as to the victim's age is an accepted defense to sex crimes in the US.

    The article is somewhat inconsistent. It describes the victim as being "attacked," yet the article also states that the victim was a "willing participant." These descriptions appear to be inconsistent.
     
  7. MysteryMan

    MysteryMan Well-Known Member DBSTalk Club

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    Because he's stupid. That judge is another example of why my father taught me never confuse academic achievement with intelligence. I'm surprised he didn't reduce the charge to assault with a friendly weapon.
     
  8. Stewart Vernon

    Stewart Vernon Roving Reporter Staff Member Super Moderator DBSTalk Club

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    That fits my line of thinking... Agreed that the guys should have known better, and thinking she "looked 14" not only isn't an excuse but still makes her 2 years shy of the UK legal age of consent... so they obviously need to be convicted of something.

    However... IF she was a willing participant... then it is harder to prove rape. Granted that under the age of consent makes it hard to believe she could have consented... but the judge and others in the courtroom would be more qualified as to the demeanor and testimony of the girl in question so perhaps we are missing some info.

    As to whether or not the time of 40-months is enough for whatever the definition of the crime? That's a different ball of wax... and as you point out, there are those in the US who have gotten this or less for similar crimes.
     
  9. trh

    trh This Space for Sale

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    I'm also wondering what kind of an upbringing she had that at the age of 11, she wanted to be a willing participant in this.
     
  10. Nick

    Nick Retired, part-time PITA DBSTalk Club

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    The...
    Read your previous post for the answer.
     
  11. fluffybear

    fluffybear Hall Of Fame DBSTalk Club

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    Peachtree...
    Had the girl said she was 16 then I might agree with you about age misrepresentation but these two appear to be admitting to a crime with someone who they knew was still underage.
    I also believe in this country that age difference is taken into account in regards to severity (ie when the guy is say 18 and the girl is 15 it is treat differently than if the guy were 21 and the girl was 14.)
     
  12. RasputinAXP

    RasputinAXP Kwisatz Haderach of Cordcuttery

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    Romeo and Juliet laws in the US make an exception in an age difference of 4 years (16 to 20, 14 to 18, depending on local age of consent by state). At least as far as I'm aware; this is just what my friends who teach HS tell me.
     
  13. raott

    raott Hall Of Fame

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    The age of consent in many, if not most states in the US is also 16.
     
  14. cj9788

    cj9788 Hall Of Fame

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    Under Florida law misrepresentation of age is NOT a defense to having sex with an under aged girl.
     
  15. The Merg

    The Merg 1*

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    In VA, under 15 YOA is the cut off for consent. The severity of the charge is basically dependent on the age difference between the suspect and victim and the age of the victim. Here is the code section for Carnal Knowledge:

    Under the age of 13 is considered to be rape, no matter the age of the suspect.

    - Merg
     
  16. bobukcat

    bobukcat Hall Of Fame

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    It may have changed but I'm pretty sure that in the state of KY (no KY jokes, please! :)) it's still statutory rape if the child is under 16, regardless of consent and if they are 16-18 and the adult is in a person of authority (teacher, principal, guardian, etc.) it's also statutory rape regardless of consent.
     

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