General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoes anyone know why, in the St. Paul's prep school rape case, the question
of whether or not the girl consented (she testified she said no, but the defense claims otherwise) is even an issue?
She was a 15 year-old freshman and the age of consent in Connecticut is 16. Owen Labrie, a senior at the time of the alleged rape, is three years older, and the law says you can't have sex with someone more than 2 years younger if that person is under 16.
http://www.nytimes.com/2015/08/21/us/st-paul-school-rape-case-owen-labrie.html
bettyellen
(47,209 posts)LisaL
(44,974 posts)consent.
Response to bettyellen (Reply #1)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)Brickbat
(19,339 posts)LisaL
(44,974 posts)Response to LisaL (Reply #4)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)Response to pnwmom (Reply #9)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)Simple math.
Response to LisaL (Reply #14)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)It can be 3 years and 1 day.
Response to LisaL (Reply #20)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)Lets say today is someone's birthday and that someone turned 15. Lets say another person turned 18 years old yesterday.
So that's one year and 1 day difference between these two people. So what are you talking about?
jberryhill
(62,444 posts)It would seem to be, given that consent is the central issue in the case, that they are not more than three years apart.
pnwmom
(108,990 posts)Response to pnwmom (Reply #21)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)18 years old but not yet 19 years old.
If someone is celebrating her 15th birthday, then a person who is 3 years and 1 day older, celebrated his 18th birthday one day earlier.
Response to pnwmom (Reply #38)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)even though person A would be loosely said to be 18 now, and person B would be loosely said to be 15 now.
Response to pnwmom (Reply #47)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)That appears to be 3 year difference, which should qualify for statutory rape (if barely).
Response to LisaL (Reply #10)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)jberryhill
(62,444 posts)LisaL
(44,974 posts)Response to LisaL (Reply #22)
jberryhill This message was self-deleted by its author.
This exchange cracked me up.
Response to woolldog (Reply #32)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)This is true in fact and mathematically speaking.
Apparently the CT law must have some its own special math.
Response to pnwmom (Reply #42)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)Fortunately, someone else was able to provide a better answer.
I picked the wrong week to quit smoking crack
smirkymonkey
(63,221 posts)Curious about this. She's a minor.
Response to pnwmom (Original post)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)Response to LisaL (Reply #12)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)difference, but I haven't seen the issue addressed anywhere and I was wondering if anyone else had.
The law seems clear that if he is 3+ years older then he'd be guilty of at least statutory rape.
Response to pnwmom (Reply #15)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)Anything more than exactly 3 years would be more than 3 years. So 3 years and 1 day is more than 3 years.
Response to LisaL (Reply #26)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)and person B was born on January 2, 2005, then person A is three years and 1 day older. Even though, roughly speaking, person A is 13 and person B is 10.
Are you saying the law isn't mathematically precise?
Response to LisaL (Reply #26)
jberryhill This message was self-deleted by its author.
LisaL
(44,974 posts)I don't know their exact birthdays, but she could have been 15 years and 1 months and he could have been 18 years and 2 months (for example). Which would make their age difference 3 years and 1 month (which is more than 3 years).
Response to LisaL (Reply #36)
jberryhill This message was self-deleted by its author.
pnwmom
(108,990 posts)by the normal calendar.
You acknowledge that there could be LESS than 3 years between them but insist there couldn't be more than three years.
Why? Does the law use some special calendar?
Response to pnwmom (Reply #37)
jberryhill This message was self-deleted by its author.
petronius
(26,603 posts)If Person A is 3.5 years old, we'd say he was '3', right? So if Person B is born when A is 3.5, we'd call their ages 3 and 0. One year later, Person A will be 4.5 (i.e., '4') and B will be 1. Three years different in typical useage, but really more than three on the dot.
LisaL
(44,974 posts)The state couldn't charge him with those if they were not alleging the 15 year old didn't consent.
Response to LisaL (Reply #25)
jberryhill This message was self-deleted by its author.
geek_sabre
(731 posts)The so-called "romeo and Juliet" exemption to statutory rape law in NH is as long as one party is older than 13, the second party can be up to 5 years older.
If this occurred at the school, then NH law would apply. This would make consent relevant to the defense's case.
18-15=3 < 5 therefore, not illegal (if consentual)
pnwmom
(108,990 posts)This is what I was hoping for and look how many posts it took to get a sensible answer.
Somehow, I saw CT in some article or other and it stuck in my mind. Incorrectly.
LisaL
(44,974 posts)It would be a misdemeanor in NH for an 18 year old to have sex with a 15 year old.
"For example, a 17-year-old who engages in consensual fondling with a 14-year-old has not committed a crime in New Hampshire. Engaging in consensual sex with a 15-year-old is a felony if the defendant is 27 years old, but only a misdemeanor if the defendant is 18 years old.
(N. H. Rev. Stat. Ann. § 632-A:4.)"
http://www.criminaldefenselawyer.com/resources/new-hampshire-statutory-rape-laws.htm
jberryhill
(62,444 posts)I got Connecticut on the brain somehow.