Hey, Can A Woman "Ask To Get Raped"?

@Robert Gentel,

More on the changes in laws being proposed to address the problems with charging teens with CP for sexting:

http://www.cbsnews.com/news/sexting-leads-to-child-porn-charges-for-teens/

Quote:

His bill, which would limit the punishment for sexting, has passed the state House Judiciary Committee and is due for a full floor vote this month.

"What we're trying to do is say: 'Let's not charge a felony, let's get a common sense law together that charges a misdemeanor,'" Grove said.

Pennsylvania's proposed reform is typical of the 20 states, according to the National Conference of State Legislatures, that have considered new sexting laws for minors during the past two years. Five states -- Arizona, Nebraska, North Dakota, Utah and Vermont -- have already adopted changes.

"We need the appropriate punishment for the crime," Grove said.

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@BillRM,

Sure, America jails too many people in general but that doesn't say anything about the validity of the sentencing in these particular cases.

What are you considering an appropriate sentence for consumers of child porn? If someone has terabytes of it how many years would you give them?

If they are commissioning it or buying it from the producers how many years would you give?

1 Reply

@Robert Gentel,

Quote:

I haven't heard of any case where these children were jailed

Quote:

NEWPORT – A teen-aged girl who faced at least six years in a state prison on sexual offense charges relating to a "sexting" case, instead began a two-month stay in county jail Friday.

The girl, now 18, pleaded guilty to reduced charges of third-degree sexual abuse and solicitation to encourage child sexual abuse for using her phone making a sexually-explicit video of a teenage friend and showing it to others.

The teen initially faced two Measure 11 felony crimes, each carrying a mandatory minimum of 70 to 75 months in prison. The Oregonian is not identifying the girl because she was a juvenile at the time of the incident.

Quote:

Teen could face jail after sexting with girlfriend
SEPTEMBER 8, 2015, 0:34 AM|A North Carolina teen faces sex crime charges for allegedly exchanging nude photos with his girlfriend. But prosecutors consider both teenagers, who were 16 years old at the time, to be victims and criminals. CBS News legal expert and former sex crimes prosecutor Rikki Kleiman joins "CBS This Morning" to discuss the case.

Interesting they can have legal sex but it would seems that at least the boy will have a lifetime criminal record even if he does not end up behind bars.

Quote:

A 17-year-old boy could go to prison for 10 years after being charged as an adult for 'sexting' his girlfriend with explicit photos of himself.

Cormega Copening, from North Carolina – where the age of criminal responsibility is 16 – is facing five counts of second-degree and third-degree sexual exploitation.

The charges were brought after local authorities discovered that Mr Copening and his girlfriend Brianna Denson, both 16 at the time, allegedly sent explicit photos to each other, the Fayetteville Observer has reported.

It is understood that no one else saw the photos and it is not clear why Mr Copening’s phone was searched.

Both teenagers were charged as adult perpetrators of the sexual exploitation of minors – themselves – for making and possessing the photos.

Exchanging sexual images of a person aged under 18, even with another person under that age, is a crime in North Carolina.

While it has been reported that Ms Denson has already pleaded guilty to a lesser charge and been given 12 months’ probation, Mr Copening faces 10 years in jail for the sexting.

READ MORE

1 Reply

@Robert Gentel,

I love it as I had shown articles of injustice done due to having married rape laws on the books and you come up with an off handed comment about thousands of marriage rapes that had been deal with in a fair manner without any links to any studies that show that to be true.

1 Reply

@BillRM,

There are plenty of studies (you can find them following the sources here: https://en.wikipedia.org/wiki/Marital_rape#Prevalence) but my I wasn't arguing exactly how many marital rapes there are, I was merely asking you to think about it and awknowledge it, which you flatly refuse to.

Again:

Do you think that it should be perfectly legal to rape one's spouse?

How prevalent do you think marital rape is?

1 Reply

@BillRM,

Ok, so we have one case of a two month jail sentence (and two more unrelated stories without jail sentences that you for some reason saw fit to include as evidence of teens being jailed for sexting) but it was not for just sexting (sending photos between consenting individuals) but also distributing these videos to others.

Do you think there should be no punishment for distributing nude videos (or ias in other cases videos of underage sex) of underage minors? For leaking such things on the internet etc?

And why do you flatly refuse to acknowledge that the laws are changing to better address this? That sexting extortion is a legitimate problem?

I address your points but you simply just repeat yours. Why are you so afraid to answer the questions I ask you or address the points I repeatedly draw your attention to? Do you not have any good answers for them?

1 Reply

@Robert Gentel,

Quote:

o you think that it should be perfectly legal to rape your wife?

I think that as long as a married couple is sharing a home and a bed that the idea of applying the rapes laws is unwise and does more harm then good.

The state should keep out of the marriage bed as must as possible.

Take note that in the first such case in the US the couple got back together,

1 Reply

@Robert Gentel,

I am dealing with the laws as they are now for the most part and no one force prosecutors to charge teens under the child porn law in the first place for sextxting..

I am sure if they could apply the CP laws to sextxting they could also had look at the law books and come up with far milder crimes they could had charge if they feel the need to bring some charges over the matter against teenagers.

2 Replies

@BillRM,

So if a husband wants sex and the wife is angry with him and does not want to have sex he is fully justified in physically forcing himself upon her?

I suppose if your position is really that troglodytic then you really aren't worth talking to about this subject.

1 Reply

@BillRM,

duplicate

0 Replies

@BillRM,

You don't seem to understand the dynamics of the problem at all here. The laws stated that anyone who did X should be punished. If the laws do not give them leeway to not enforce them they can't merely choose not to enforce them and pick another law to enforce.

Quote:

no one force prosecutors to charge teens under the child porn law in the first place for sextxting

That's not true, most of those laws did not allow for exceptions (they did not envision the need for them). They don't get to pick and choose which laws they want to enforce if the law does not allow them this leeway.

For the most part authorities have not sought employ those laws and in cases where the laws did not allow for such exceptions the laws began to change to allow for them.

It's not like modern society is going out of their way to apply CP laws to sexting, the CP laws did not have exceptions that allowed them to not apply them and so as these cases came up and were obviously not the same thing they sought to change the laws.

Do you acknowledge that laws are rapidly (insofar as laws go) being changed so that sexting is excluded from CP laws?

0 Replies

@Robert Gentel,

Well if he used force that is assault first of all and I have no problem with applying the assault laws just not the rape laws as long as she is willingly sharing a bed with her husband.

If she is unhappy with their sex life we have divorce courts and criminal courts for domestic violence,

Unless we placed cameras in all couples bedrooms we can have no clue of it any one sex act is or is not done willingly.

To sum up the rape laws are not a good fit within an ongoing marital relationship.

1 Reply

@Robert Gentel,

I think I would go with the UK model with one end of the scale calling for just a police warning and the other end calling for a few years and monitoring and treatment afterward.

Oh they to had a sex offender register for CP but it is limited in time not a life long sentence.

That results in no more child porn being traded and no more child molesting then we have.

If the degree of punishment work we would have the fews traders in the world

1 Reply

@BillRM,

That's English?

0 Replies

@BillRM,

BillRM wrote:

Well if he used force that is assault first of all and I have no problem with applying the assault laws just not the rape laws as long as she is willingly sharing a bed with her husband.

This doesn't make sense. If I assault you and murder you nobody would find it reasonable to merely charge me with assault just because that too is a crime.

If someone assaults you and someone else assaults and rapes you do you think they both have committed equal acts deserving of equal punishment?

Quote:

If she is unhappy with their sex life we have divorce courts and criminal courts for domestic violence,

Sure, but let's say she initiates the divorce and then the husband rapes her, the existence of the courts does nothing to address the wrong that was done to her.

Unless we placed cameras in all couples bedrooms we can have no clue of it any one sex act is or is not done willingly.

Quote:

To sum up the rape laws are not a good fit within an ongoing marital relationship.

Says you, but your position on it is not thoughtful.

2 Replies

@Robert Gentel,

Hey Robert, I know you're a noob, but there is an ignore user button on BillRMs profile page. You know, if you tire of the Sisyphean arguing (Look - I picked that word up from another topic mum!)

1 Reply

@Robert Gentel,

Quote:

Sure, but let's say she initiates the divorce and then the husband rapes her, the existence of the courts does nothing to address the wrong that was done to her.

I have no problem with applying the rape law when they are not living together as man and wife so if she had file for divorce or have a protection order out on him or even just not living together then there would be no protection from any claims of rape that is suppose to had occur after they are not living together as man and wife.

I just do not like the idea of allowing a wife to called the police with a claim of rape that is claimed to had occur when they was living together as man and wife.

1 Reply

@BillRM,

BillRM wrote:

I have no problem with applying the rape law when they are not living together as man and wife so if she had file for divorce or have a protection order out on him or even just not living together then there would be no protection from any claims of rape that is suppose to had occur after they are not living together as man and wife.

I still think it's silly that you do not want ANY protection against rape if they are living together etc so let's probe this logic with another example:

What if the woman (still married, still living together up to this point) says to the husband: "Bill (other bill), I'm leaving you!" and he reacts by dragging her up the stairs and raping her, telling her that he's taking that as a parting gift.

Cool with you or not?

Quote:

I just do not like the idea of allowing a wife to called the police with a claim of rape that is claimed to had occur when they was living together as man and wife.

Whether or not you like the idea is not very relevant. If there is legitimate harm to protect against society should seek to try to help do so.

Your argument should not center on what you like, if you believe women do not merit protection against spousal rape you need to be making the case that there is no harm to protect them against, not that you find it messy and complicated and don't like it.

Marital rape is one of the most common kinds of rape that there is. If you want to ignore or dispute this problem you need to address it, not simply issue an ipse dixit to the effect that you don't personally like the idea.

1 Reply

@Robert Gentel,

It not cool but then he could be charge with felon assault with is not a minor crime so it would not be free for him.

Now a wife just found out that her husband had been cheating on her so she had sex with her husband and after he fell asleep she call the police with the story that he had rape her.

Good way of getting back at the bum for cheating on her as he waked up surrounded by cops.

Once more the rape laws are not a good fit for a couple in an ongoing marriage.

2 Replies

@BillRM,

BillRM wrote:

It not cool but then he could be charge with felon assault with is not a minor crime so it would not be free for him.

But that is not the only crime that occurred. As usual with the questions that poke holes in your position you ignored when I asked you if you think that being assaulted and being assaulted and raped are equal and should be treated equally.

Can you answer that?

Quote:

Now a wife just found out that her husband had been cheating on her so she had sex with her husband and after he fell asleep she call the police with the story that he had rape her.

So? Any law can be abused. Should murder not be a crime merely because people can and have been falsely accused of it?

Good way of getting back at the bum for cheating on her as he waked up surrounded by cops.

Quote:

Once more the rape laws are not a good fit for a couple in an ongoing marriage.

Repeating an ipse dixit does not suddenly make it a legitimate argument.

1 Reply

Hey, Can A Woman "Ask To Get Raped"?

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