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"Appaling" Rape Verdict Down Under....

Discussion in 'Off-Topic' started by Che Guava, Dec 10, 2007.

  1. Che Guava

    Che Guava The Juicy Revolutionary

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    ....Saudi Australia justice...?


    link

    I'm trying hard not to pre-judge this one on the information given, but it's tough! Are there any Aussies out there with a little more insight on this case?
     
  2. LesCanadiens

    LesCanadiens Deity

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    Uh, I thought the whole point of minimum age laws were that a person below the minimum age is unable to consent, making any sex with anyone above the threshold rape? Even if the girl consented, the men should still be guilty of statutory rape, at the minimum. I know Australia is a pretty liberal place, but I seriously doubt that the age of consent there is 10 years old.
     
  3. skadistic

    skadistic Caomhanach

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    Wow the judge was a woman!?
     
  4. Phlegmak

    Phlegmak Deity

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    A 10 year old agreed to have sex? Am I reading this judge's "logic" correctly?
     
  5. The Yankee

    The Yankee The New Yawker Retired Moderator

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    With 9 people that were apparently close to whatever the age of majority is in Australia.

    Somehow I doubt the girl was that curious about how people do things.
     
  6. warpus

    warpus In pork I trust

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  7. Che Guava

    Che Guava The Juicy Revolutionary

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    more details from other sources:


    link

    As for the ages:

    link
     
  8. Patroklos

    Patroklos Deity

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    It would be stautory rape, but the character of the crime still matters. Ie they didn't beat her or force her against her will. While rape is always a horrendous crime, I am sure you would agree rape + assualt is worse.
     
  9. The Yankee

    The Yankee The New Yawker Retired Moderator

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    The story said that six were minors "at the time" of the incident, which would suggest that they're now not minors.

    Edit: Slow crosspost.
     
  10. Pannonius

    Pannonius Reconquistador

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    I don't think it's completely judge's fault. It said in the article that these were the sentences asked by prosecution. You can't be sentenced for more than the prosecution asks for.
     
  11. Tank_Guy#3

    Tank_Guy#3 Lion of Lehistan

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    Didn't it say that about 6 or 7 of them were under the consent age at the time of incident?

    So that would mean that these ones didn't "rape" her, technically. It would be sexual assault/harassment at the very most. However, those over the consent age that had sex with her should most definitely be charged with rape, as this is what it is.

    Well, there is most definitely a difference between "activist" and "expert".

    I would like to see proof of her expertise in the cultural and social activities of aboriginies before I will accept her credibility in making this statement.

    This is a bit off topic, but I have heard of a cultural celebration (not aboriginal as far as I know) where during this certain festival, women have the right to have sex with any man they want. Whether the man wants to or not is completely irrelevant, the women want to go at it with that man, they are within their rights to do so forcibly. They made mention of a particular story where one man was mobbed by a group of women. But if this sounds like the holiday for you, sorry. Their laws state that it is illegal to do this to foreigners.

    I'll search for the article.
     
  12. Che Guava

    Che Guava The Juicy Revolutionary

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    Why don't people read....? ;)


    Four of them were under 16, the rest were 16, 17, 18 and 26 repsectively.

    And I'm not sure why it wouldn't be considered rape, even if they were both under the age of consent...
     
  13. Shadylookin

    Shadylookin master debater

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    well at least they didn't give her 100 lashings.

    While i can see leniency on the minors, to give a 26 year old a 6 month suspended sentence for statutory rape of a 10 year old is way to light.
     
  14. Tank_Guy#3

    Tank_Guy#3 Lion of Lehistan

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    Quite so, Che:
    It's all in the realm of legal definitions, which I don't think even the lawmakers or lawyers truly understand.

    As stated, it would probably be sexual asault for them at most, though they could probably tack on sexual harassment and most likely various other forms of assault as well.

    I also fail to see how it was rape, as well. But technically (and legally) it isn't for those underage. Is it right? No. Is it one of the major eff ups of the system? Perhaps.
     
  15. emzie

    emzie wicked witch of the North

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    Because if both partners are under the age of consent, and there's no force / coercion, then who do you charge?

    Given that the girl had a very troubled past, I wouldn't be surprised if she did 'consent' in the sense that she said 'yes'

    I'm not saying the sentences were right... more so in the case of the guys who were over the age of consent... just that the younger ones have a lot of leeway.

    The 26-year-old's sentence baffles me.
     
  16. woody60707

    woody60707 Deity

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    WHAT??? because the girl consented to having sex with the minors, DUH! Did I miss read what you said? How can it be rape is one minor consented to sex with another minor, or a group of them in this case?

    I agree with the judge that all the kids that are under the age of consent should be given a light sentence, if not let go all together. Now the 26 and 18 yr olds should be charged with rape, thats a given. The only gray area is the 16 and 17yr olds
     
  17. Tank_Guy#3

    Tank_Guy#3 Lion of Lehistan

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    After finishing reading the article, it becomes quite a bit more clear:

    ----------------------------------
    Was that their age at the time of the incident or their age now? As this would have a definitely bearing on the ruling.
     
  18. warpus

    warpus In pork I trust

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    Including the girl?
     
  19. amadeus

    amadeus Bring back the Civ2 theme!

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    Affirmative action sentencing? :crazyeye:
     
  20. LucyDuke

    LucyDuke staring at the clock

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    Of course rape and assault is worse than rape. It's also worse to kill someone and set their body on fire than to just kill them. That doesn't change the fact that you frickin killed them. :rolleyes:

    "Force" isn't just physical.

    It is statutory rape at least. Consent laws rub me the wrong way, but there's no way a ten year old child can consent to sex, nor sex with nine men. This is absurd.

    Boo-hoo.
     

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