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#363884 - 06/08/11 07:57 PM Statutory Rape in Ohio**Triggers**
catfish86 Offline
Member
MaleSurvivor

Registered: 10/27/09
Posts: 820
Loc: Ohio
OK, very interesting ruling and case. I wonder what you guys think.

OH Supreme Court Rules Statutory Rape Can't be applied to an offender under 13

_________________________
God grant me
The Serenity to accept the things I cannot change,
The Courage to change the things I can,
And the Wisdom to know the difference.

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#363923 - 06/09/11 03:39 PM Re: Statutory Rape in Ohio**Triggers** [Re: catfish86]
pufferfish Online   embarrased
Member
MaleSurvivor

Registered: 02/26/08
Posts: 6817
Loc: USA
This post might be **triggering** to some.


The article gives little background information about what happened. That it leaves it to the reader to guess what might have actually happened. This illustrates that the news media didn't know what is important in writing up matters having to do with child sexual abuse and sexual involvement of boys.

I do have several observations to make.

It is a serious matter when children sexually abuse other children.

However, in today's world it's going to happen no matter what. There are different levels of activity which really should not be lumped together when you're talking about children and sexual activity. The old idea is that any such activity should be discouraged. But that's just not realistic in today's world.

There is the "play" level of activity which, in my opinion, should be taken seriously but should be handled completely diffently from other cases. This is for instance if boys are the same age or nearly the same age and just experimenting. If it doesn't become habitual I think a lot of books on child development would say that it's not to be taken too seriously.

The difference in age and size and experience of the boys seems important. If one of them is an habitual offender and the other is relatively naive then this seems worthy of consideration.

There are numerous examples in this Board, Male Survivor, where an older brother abuses a younger brother with great detriment. This point seems obvious and proven by example.

It must be considered and defined who is a "child" and who is not. Does "child" simply refer to lack of sexual maturity? Several questions must be answered to define this: Is puberty to be the definition of sexual maturity? This doesn't seem right because most boys are still immature in their ability to make decisions by the time they reach puberty. Society already uses the age of 18 for military service and 21 for voting.

Children can't be considered to have the ability to give consent about sexual matters. This is very important to us as male survivors. Children can be manipulated into giving a kind of consent but it shouldn't be equated with adult consent. There are lots of perpetrators who would claim that the child "gave consent". We claim that children across the board are not capable of giving consent in the sense that adults do. This is very important. I believe this is consistent with current ideas of child development.

In many cases boys still have a lot of flexibility as to their direction in life and so they almost always should not be assigned the same criminal language as applied to men. When questions like this come up, usually they need some kind of counseling and supervision to help them go in the right direction in life. If they are penalized as adults and in the same system as adults then we end up having immature boys being penalized concurrently with adult males. This is clearly injudicious.

I'm sure there must be some concepts I haven't developed sufficiently. Please feel free to append your own ideas.

Allen


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#365985 - 07/14/11 06:44 PM Re: Statutory Rape in Ohio**Triggers** [Re: pufferfish]
catfish86 Offline
Member
MaleSurvivor

Registered: 10/27/09
Posts: 820
Loc: Ohio
More on the story

Weird, in my own case, the sheriff saw nothing and heard nothing that was wrong, but in this case, from this article and the opinion from the Ohio Supreme Court, this literally was 2 kids experimenting. From some of the comments on blogs, the "victim" was a neighbor boy who was horrified at the rape charges. The parents all realized something unhealthy was taking place and were ready to deal with it as parents, the prosecuters caused far more damage than the "crimes" themselves. As one of my tax clients put it, never forget that most police and prosecutors are bulies.

_________________________
God grant me
The Serenity to accept the things I cannot change,
The Courage to change the things I can,
And the Wisdom to know the difference.

Top


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