Log in

No account? Create an account

Tue, May. 30th, 2006, 04:09 pm

Via theadydal

Its official boys and girls, you can get a twelve year old stupid drunk, have sex with her, get caught, admit what you did, plead guilty and get away with it because it is legal. Words fail me... as does my current understanding of Karma.

Tue, May. 30th, 2006 03:38 pm (UTC)


Well - it can still be appealed. And presumably he can still be charged with - I hesitate to use the word - 'ordinary' (as opposed to 'statutory') rape?

I'm also wondering how the f*ck he got away with a mere three-year sentence in the first place!

And there's always the possibility that now he's not locked up in a cell for most of the day and is actually out on the streets, well...

Tue, May. 30th, 2006 04:02 pm (UTC)

I forget but... wasn't it Ireland where the high court recently ruled that being drunk off your skull was technically consent?

Wed, May. 31st, 2006 09:22 am (UTC)

Hadn't heard that, to be honest. But it is the country where if you have a few pints, get some kicks to the head and die, the State Pathologist will reckon you actually died from a very rare and barely documented alcohol-related medical condition, rather than, like, kicks to the head.

Tue, May. 30th, 2006 04:05 pm (UTC)

Also... dude... we're in a country where "She was dressed like a slut" is an viable defence against rape charges in adult circumstances. Sex crime legislation in our fine nation is back in the dark ages. Hell, even before all this nonsense arose it wasn't *actually* (and obviously still isn't though McDowell's new proposals will fix it in theory) possible for a woman to commit statutory rape.

Tue, May. 30th, 2006 04:57 pm (UTC)

Actually there were several barristers just on 'The Last word' discussing this case and apparently there is a strong legal precedent of double jeopardy in this country. Basically you cannot be tried for the same crime twice. Tons of the evidence would be in-admissable etc.

I thought that was all a fiction in Hitchcock movies but there you go.

Tue, May. 30th, 2006 06:14 pm (UTC)

http://en.wikipedia.org/wiki/Double_jeopardy - WIKIPEDIA KNOWS ALL!

There are exceptions but this case seems to hinge on the fact that the law at the time was unconstitutional so they never should have been jailed. So... its all bad really.

Thu, Jun. 1st, 2006 10:25 pm (UTC)
(Anonymous): Double jepoardy

Why isn't rape a different crime to statutory rape?

Thu, Jun. 1st, 2006 11:11 pm (UTC)
mr_wombat: Re: Double jepoardy

Without going too far out on a limb with my limited legal knowledge gleaned from taking a passing interest in various incidents over the years:

They *are* different crimes but the decision as to what to charge the *offence* under lies with the prosecution and they only get one shot at it so they have to pick the one they feel they have the best chance of getting a conviction with. So if they know they'll have difficulty proving premeditation in the case of a murder they'll pursue it as second degree (heat of the moment type thing). Rape and statutory rape are different... interpretations if you will, of the same offence.

Certainly someone guilty of say.. raping a child is guilty of rape, but they're also guilty of aggravated sexual assault on a minor which will carry a heavier sentence and while it could concievably be downgraded by the judge, will still end up being a serious sentence.