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  1. #1
    Terminator's Avatar
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    Supreme Court ruling suggests that when underage boys and girls have sex that either they should all be charged with statutory rape or none of them

    BOSTON —
    In a ruling Friday, the state Supreme Judicial Court raised questions about whether Plymouth County prosecutors should have charged three preteen girls in a 2007 rape case, and not just a teenage boy.
    The state’s highest court ruled that Plymouth County prosecutors must turn over statistics on statutory rape cases to the teenage boy, who claims he is suffering discrimination because he was the only person charged after he had what he claimed was consensual sex with the three girls.
    The Plymouth County District Attorney’s spokeswoman, Bridget Norton Middleton, would not say what towns the four children lived in at the time of the alleged assaults between Aug. 10 and Oct. 15, 2007.
    The boy was 14 when he was accused of having sex with two 12-year-old girls and one 11-year-old girl who were his friends. He was charged with nine counts, including statutory rape and indecent assault and battery of a child under the age of 14.
    After his lawyer tried unsuccessfully to have the girls also charged with raping him, the defense sought statistics from prosecutors to support his claim that he was being selectively prosecuted because he was a boy.
    The Supreme Judicial Court last fall ordered Plymouth District Attorney Timothy Cruz to turn over information on statutory rape cases prosecuted over the last five years. The court issued a written decision on the case Friday.
    In its ruling, the court said that statutory rape laws, which once protected only girls, have been amended over the years to give the same protections to both boys and girls. The court also noted that the girls said they willingly performed sex acts on the boy. “Indeed, sexual behavior seemed to melt seamlessly into games of ‘manhunt,’ ‘truth or dare,’ and ‘making out,’ “ Chief Justice Margaret Marshall wrote for the majority in the 3-2 ruling.
    But in a dissenting opinion, Justice Francis Spina noted that the boy was at least two years older than the girls and was entering the ninth grade, while the girls were entering the sixth and seventh grades. Spina also said the boy had not shown “intentional or deliberate discrimination by the prosecutor.”
    “The gender difference here is purely incidental. The age difference and grade difference were the basis for the decision,” Spina wrote.
    The boy’s attorney, Janice Bassil, did not immediately return a call seeking comment.
    In its ruling, the court said that after the boy was arrested, he was suspended from school and thrown off the football team.
    Cruz said the circumstances of the case prompted the decision to prosecute the boy and not the girls.
    “There are three victims in this case who are two to three years younger and two grade levels behind the juvenile,” Cruz said in a statement. “The facts ... are not only deeply troubling but they also soundly support this prosecution.”
    In the ruling, the court said the boy’s father found out about the activity when he read a sexually explicit text message his son had received from one of the girls. The father called the mother of another one of the girls to express his concerns. After talking to her daughter and with other parents, the woman called police and said the boy had sexually assaulted the three girls.

  2. #2
    Rhino's Avatar
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    I think it depends on the situation, certainly. I've been saying that for years. Especially when you have the angry parents of a little girl who couldn't keep her legs closed that wants to ruin the life of a boy only one or two years older than her.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

  3. #3
    Five-0's Avatar
    Five-0 is offline Super Moderator
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    It does take two to tango. Unless it is not just statutory rape.

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

 

 

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