Court: Statutory rape not violent felony

Court: Statutory rape not violent felony

There are 12 comments on the Hampton Roads Daily Press story from Feb 3, 2009, titled Court: Statutory rape not violent felony. In it, Hampton Roads Daily Press reports that:

A federal appeals court says statutory rape is not a violent felony in Virginia .

Join the discussion below, or Read more at Hampton Roads Daily Press.

History Lesson

Norfolk, VA

#1 Feb 3, 2009
This is soooooo stupid!!!!!!!!!! I guess then that in a statutory rape case where the victim did not resist, one could argue that it must be consensual, but we all know that a minor or a person of diminished capacity can't give consent, Does this mean then that it is not possible that the victim might not have resisted because they were intimidated, fearful or afraid to resist, even though violence and physical threats were not found to be utilized????
Richard Harris

United States

#2 Feb 4, 2009
You miss the point. It's statutory rape - it's based on the age of the victim regardless of any other circumstance. Consent or coercion is not germane to the charge.
History Lesson

Norfolk, VA

#3 Feb 4, 2009
Richard Harris wrote:
You miss the point. It's statutory rape - it's based on the age of the victim regardless of any other circumstance. Consent or coercion is not germane to the charge.
My point exactly!! the age of the victim should automatically mean that the victim is being pressured, cohersed, used, abused, victimized, harmed, maligned, damaged, hurt, taken advantage of, demeaned, assaulted, to describe it more clearly. It is violent in the sense of the violation and the means in which the victimizer used to rape the victim. While it may not have been physical force using brute force or a physical object as a weapon, psychological force, intimidation and slight of hand produces the same results as physical force in situations where victims are of statutory age and the victimizer is much older. This to me is what is so violent. I would say it is violence that doesn't make alot of noise. Also, rape in of it self is a violent act period. The General assembly should ammend the existing laws in Virginia to make it very clear that there is no distinction or levels to rape. Rape is rape and the act of rape is without consent regardless of whether or not the victim did not give consent, but also whether the victim was of age to give consent or not.
ready

United States

#4 Feb 4, 2009
If a 16 year old kills someone they are tried as an adult.That means they understand the consquences of their action.But if 16 year old has sex with a twenty year old they are children and have no idea what their doing.WTF The state can't have it both ways.
itstoomuch

Loretto, PA

#5 Feb 7, 2009
There's absolutely no relationship between rape and consensual sex between two teenagers who happen to have an age difference. The law isn't even CALLED statutory rape in Virginia - it's called "carnal knowledge of a minor".

"ready" is right - you can't claim kids should be tried as adults when they commit a crime but are too young to consent to sex.
Communist Clam

Mannboro, VA

#6 Feb 10, 2009
itstoomuch wrote:
"ready" is right - you can't claim kids should be tried as adults when they commit a crime but are too young to consent to sex.
Why not ? You are considered mature enough to fight overseas at 18, but not mature enough to drink alcohol.
JJ Wilson

Hampton, VA

#7 Feb 10, 2009
If it wasn't for statuatory rape, I'd never get any!!
Justin

Norwich, CT

#8 Aug 21, 2010
History Lesson wrote:
<quoted text>
My point exactly!! the age of the victim should automatically mean that the victim is being pressured, cohersed, used, abused, victimized, harmed, maligned, damaged, hurt, taken advantage of, demeaned, assaulted, to describe it more clearly. It is violent in the sense of the violation and the means in which the victimizer used to rape the victim. While it may not have been physical force using brute force or a physical object as a weapon, psychological force, intimidation and slight of hand produces the same results as physical force in situations where victims are of statutory age and the victimizer is much older. This to me is what is so violent. I would say it is violence that doesn't make alot of noise. Also, rape in of it self is a violent act period. The General assembly should ammend the existing laws in Virginia to make it very clear that there is no distinction or levels to rape. Rape is rape and the act of rape is without consent regardless of whether or not the victim did not give consent, but also whether the victim was of age to give consent or not.
statutory rape is not always rape. In fact, many times this is not the case. coersion or intimidation are most certainly not always present in a case where a victim is under the age of consent. sure, many times this is the case...just as many times it is not. My girlfriend is 15 and I am 19. her father didnt approve of our relationship and found out we had sex and reported me. She took my virginity! I dont go around and solicit young minors for sex; I just met her, fell in love with her, and it happened. I would never make her feel bad, or convince her to do something that she doesnt want to. We chose to do it together. I'm in love with her!!!! And now I've lost the love of my life...the girl of my dreams, and I'm being thrown into the same pot as pedophiles and rapists. How is that right? statutory rape laws should exist to protect young girls from older men, but in these times it's becoming a god damn witch hunt fueld by the idea that every case is the same...it's not. There are predatory relationships that should be prosecuted...just as there are loving relationships that should not be. There should be defenses available to honest and good people who are in circumstances like mine. Manditory sentencing is also a problem. I live in Connecticut, where my 'crime' carries a manditory sentence of 9 months imprisonment. The judge cant even remove that! it takes the case out of the hands of the judge and does not allow judicial discretion so that all the facts are taken into consideration. Young people fall in love. These laws are being twisted into a hammer and are being used to beat down on young 'offenders' by moral conservatives and angry fathers. It is sickening. Society needs to wake up, realize whats happening here, and do something about it.
Jim Crow

Tappahannock, VA

#9 Aug 22, 2010
they did do something about it , yhey locked your azz up .
Justin

Norwich, CT

#10 Aug 22, 2010
Jim Crow wrote:
they did do something about it , yhey locked your azz up .
Actually they didnt. I havent been called to the station yet. In fact the officer leading the case doesnt believ I did anything wrong. And it's easy to pass judgments when you arent in the situation. I love this girl. I have never taken advantage of anyone. And if you believe that it's ok to toss young lovers in prison, you are the one who is sick. This country cant figure itself out. this law varies DRASTICALLY from state to state. There are about 10 states where what I did isnt even a crime. There are several states more behind it that would press low-level misdemeanor charges. And then there are those states that make felons out of lovers, like mine. All the more reason why it isnt a matter of right and wrong, but rather the opinion of the mob. Looking back at history, most times the opinion of the mob is wrong. women's rights 100 years ago, Racism 50 years ago, homophobia today. There is a reason why they call it public OPINION and not public fact.
KkatyHxx

South Haven, MI

#11 Jan 2, 2011
Umm I was 14 drunk at a paty when sum 18 yr old asshole tookadvantage of me how is it not rite tht they get time for tht he pressured me to drink n when I was too drunk he made his move he ended up getting me pregnant n now four yrs later found me n hassrasses me to see my daughter I want to press charges on him cuz my daughter will not be around some pervert he took my childhood I was a virgin n innocent and it's not fair now after this long he wants to be a father I dnt know what to do I dnt want his money I have a fiancÚ now who takes care of us what should I do ....
Justin

Norwich, CT

#12 Jan 5, 2011
I'm sorry to hear that you went through such a horrific thing...and it is not right, this man should definitely be put away for what he's done to you. but that is just not how every case is. people get put into jail(even with minimum age differences these days in some cases, as low as a two year difference) for underage sex. My girlfriend and I had been steady for months. we were 4 years, 3 days apart..but head over heals in love. I would give my life for her...I would never take advantage of her the way this man did to you...but the underlying part of what happened was what he did...not the age difference between you and him. I may lose my job, go to prison, and be labled as a sex offender for what I did..all because these laws are set without any regard for differences between people like me and people like the young man who did that horrible thing to you. I know in my heart how I feel for Ariel. I love her sooo much...I didnt feed her alcohol, or drugs. I did not damage her, I did not coerce or push her to do something she didnt want to..I was an 18 year old virgin and a dumb kid in love..not a violent felon by any means. she was a couple weeks shy of turning 15, a year underage. To this day, she stands by my side on the issue, but because of what the law says, and because her father hates me with a passion, my life is going to be changed for good. the laws simply need to be set up in a way to determine who does and who doesnt deserve to go to prison..not this one size fits all bullshit. EVERY case is different, and should be treated as such.
KkatyHxx wrote:
Umm I was 14 drunk at a paty when sum 18 yr old asshole tookadvantage of me how is it not rite tht they get time for tht he pressured me to drink n when I was too drunk he made his move he ended up getting me pregnant n now four yrs later found me n hassrasses me to see my daughter I want to press charges on him cuz my daughter will not be around some pervert he took my childhood I was a virgin n innocent and it's not fair now after this long he wants to be a father I dnt know what to do I dnt want his money I have a fiancÚ now who takes care of us what should I do ....

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Fourth Circuit Court of Appeals Discussions

Title Updated Last By Comments
News Peace Cross of Bladensburg ruled unconstitution... Oct 19 Cordwainer Trout 2
News Dylann Roof wants to fire Jewish, Indian lawyers Sep '17 Retired SOF 3
News Appeals court rejects challenge to gay marriage... Aug '17 Xstain Mullahs 24
News DeWine blasts ruling that freed ex-model convic... Aug '17 Stinks 9
News Justice Department Honors Gavin Grimm Despite F... Jul '17 meh plus 1
News The Second Amendment vs. the Fourth Amendment (Apr '17) Jul '17 javawhey 4
News 9th U.S. Circuit Court of Appeals to weigh Dona... Jul '17 C Kersey 10
More from around the web