Archive for October 5, 2007
Why I hate statutory rape laws
Oct 5th
Update: aTypical Joe nicely ties this story in with William Saletan’s piece in Slate last week about “the age of consent” and emotional development of teenagers in which he offered some concrete proposals to revamp sex laws. Read ‘em both. Saletan concludes with:
I’d draw the object line at 12, the cognitive line at 16, and the self-regulatory line at 25. I’d lock up anyone who went after a 5-year-old. I’d come down hard on a 38-year-old who married a 15-year-old. And if I ran a college, I’d discipline professors for sleeping with freshmen. When you’re 35, “she’s legal” isn’t good enough.
What I wouldn’t do is slap a mandatory sentence on a 17-year-old, even if his nominal girlfriend were 12. I know the idea of sex at that age is hard to stomach. I wish our sexual, cognitive, and emotional maturation converged in a magic moment we could call the age of consent. But they don’t.
Original: It’s because of stories like this. There are several things about this that really piss me off. First, the accused is the 18-year old boyfriend of a 15-year old girl. However, the story refers to him as a “man” and the “victim” as a girl. Second, the sex was consensual. Third, the people with whom the 18-year old boy was living make it seem like he stabbed them in the back.
Police Chief James Strillacci says he’s upset that a young man he and his wife tried to help allegedly took advantage of their generosity.
The Strillaccis had taken Keith Armstrong into their home this past summer to give him temporary shelter from a broken home, according to the chief.
Taken advantage of their generosity? By having sex with his girlfriend? Huh? He’s an 18-year old boy with a girlfriend. What did you expect?
To those of you who might remember that Connecticut recently changed its “Romeo and Juliet” law to exempt from prosecution those teens who were within three years of each other, the story is quick to point out that the boy is 3 years and fifteen days older than the girl. Clearly those fifteen days make the difference between a predator and just kids having sex.
Perhaps the prosecutor will be sensible enough to nolle the charges; otherwise this kid is looking at jail time and lifetime registration as a sex offender.
How did the cops find out? The girl’s step-father. Parenting by prosecution.
These laws are just plain stupid. I’m pretty sure this is exactly what the legislature intend to preclude from prosecution and yet here we are.
Cover your ass-ery continues
Oct 5th
Remember the series of posts last month about the Hartford pastor that rejected plea deals despite DNA evidence proving (to the tune of 99% certainty) that he was the father of a now 15-yr old girl’s baby? Remember his attorney’s comments to the court and the press that spawned approximately 50 comments here? I sure do. They’re at it again.
Modesto Reyes pled guilty a few days ago to sexual assault. It seems like it was an open plea. He also pled guilty under the Alford doctrine (which is quite common here as discussed before). That’s fine. He can and the court can accept that plea. His attorney wasn’t done, however.
Defense attorney William Gerace told the court Wednesday that he had urged his client to enter a straight guilty plea instead of the Alford plea.
Gerace said that Reyes’ sentence could be lengthened as a result of taking an Alford plea.
“I have explained it to him ad nauseam,” Gerace told the court. “It’s my job to tell him what I think and that’s what I think.”
I guess it’s possible, but I’ve never seen a sentence increased because the plea is an Alford plea, because you’re still admitting that the State had enough evidence to find you guilty.
Does the court (or the press) need to know the details of the attorney’s opinion and his strong advice to client? Would it not suffice to say that the client has been advised of all the consequences of a guilty plea, even under the Alford plea, and that he has decided to proceed in that manner?
Or is this okay? Is this something you would put on the record?
Meme time: Top Ten Blogs
Oct 5th
Blawg Review started this meme of the Top 10 blogs, tagging, in part, Deliberations. Anne, in turn, was kind enough to tag me and asked that it be continued. So here’s my list of 10 blogs that are currently my favorites:
- Eyewitness Identification Reform Blog
- Grits for Breakfast
- Woman in Black
- Sex Crimes
- Odd Time Signatures
- Audacity
- Windypundit
- Malum In Se
- Sentencing Law and Policy
- Appellate Law and Practice
I’ve excluded those that were tagged by Anne (SJ, Bennett, CDW, Jamie) and others like Skelly who where also tagged.


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