posted on Apr, 6 2006 @ 12:55 PM
Exactly, Zaphod understands what I meant. Now, if this person started out talking to a child and their family brought in the police to finish the job
and nab the predator, then you've got a case, but only if the child testifies. Under due process law, you have the right to face your accuser in
court.
However, if the cops REALLY want to do this in a legally unchallengable fashion, they need to act like they're the people selling child porn by mail,
the same way they pretend to be dope dealers or prostitutes on the street. Then you get the perp to offer money for child porn and you've got your
case. And with all the caselaw for drug and prostitution cases, it will stand up in court.
But as it is, the laws regarding sex crimes are extremely unfair to all involved because they weren't written with any forethought. They were
written as a knee-jerk reaction to public outcry, and as a vehicle upon which to rest a political election or re-election campaign. If state senator
Jones says "wait a second, I'm not going to pass this legislation until we've had a chance to make sure its fair and just" he's committing
political suicide because he'll be painted as soft on sex crimes. When in reality he's just trying to be a responsible legislator.
Here's a prime example scenario. A young man of 25 goes into his favorite college area bar. He sees this sexy blonde hottie out on the dance floor.
He decides he wants to talk to her. As he approaches he sees she's got the IKP logo and the word jugalette tattooed on her shoulderblade. So he
dances with her a while, they get a table, some drinks, and decide to leave together. They go back to his place and have a wild night of sex, and in
the morning she goes home and he never sees her again.
A month later, this guy gets a knock at the door. Its the police, and he's being charged with statutory rape of a 15 year old runaway.
Now, who's the victim?
Is she the victim simply because she's underage, even though she engaged in consensual sex?
Or is he the victim because she lied about her age and meeting her in a bar seemed safe enough?
This one could be a flip of the coin. If the guy can prove she showed a fake ID at the bar, he'll probably get off because he had no reason to
believe she wasn't who she said she was, but she'll skate too. But in most states he'll end up taking the fall, particularly if its an election
year. No judge or prosecutor wants to look like they're taking the side of a sexual deviant, regardless of the facts of the case.
She could have 2 kids at home and be a raging nymphomaniac, knowing full well what sex is about, and still the law will protect her as though she was
as innocent as a babe in the woods. If these laws are to be fair, they need to look at circumstances and dish out punishments on both sides. If she
knowingly lies to the man, she should get punished too. And he shouldn't have to be considered a sex offender, even if he's given probation
himself.
Another great example is this teacher in Florida who had sex with a 14 year old male student. Have you SEEN HER??? I'd stake a year's salary on
that boy running around high-fiving all his friends because he bagged the sexiest teacher in school. And why not? I, and every guy I work with,
would have done the same thing had we been in his shoes when we were 14. We'd have been crazy not to. An opportunity to act on our raging hormones
with a hot babe who has her own car and home? What teenage boy wouldn't want that? Make the punishment fit the crime as well as the impact (courts
DO ask for impact statements before sentencing by the way). In a situation like hers where it was voluntary and the boy isn't emotionally harmed by
it, let it go with a bit of probation and a ruling of no contact with the boy.
Don't get me wrong. I'm all for capital punishment for violent rapists, pedophiles (that's defined as someone who desires sex with children who
have not reached puberty), and incestuous family members who molest their own kin. But we have to temper the law with a bit of humanity and realize
that there's a lot of people getting caught up in the gears because the laws paint with a very broad and sometimes indiscriminate brush.
Case in point, in Texas there's a young man who at 17 mooned his vice-principal and was sentenced to probation and required to register as a sex
offender for 10 years. Back when I was in school, that would just get you a suspension if they found out who you were and be chalked up to high
school hijinks. Also in Texas, there's a TWO YEAR OLD BOY on the sex offender lists. Why? Because he was running around his daycare kissing all
the little girls. 20 years ago, that would be considered cute, but quietly discouraged.
So, before you put your opinion behind the next legislative effort to have sex offenders hooked up to GPS, or put on TV, or have their home lit up
with a neon sign and a spotlight beacon, just think about what you're really doing. Are you actually making the streets any safer? Or are you just
further persecuting someone whose life you actually know nothing about in order to give yourself a false sense of security at the expense of their
privacy and normalcy of life?