Yes. If you are fucking someone who could possibly be 14 and it is a random hookup with someone you don't know you should ask to see proof of their age.
Yes, save in extraordinarily unusual circumstances appeals are based upon errors of law, not of fact, and certainly not the Judge applied the law accurately but quite strictly and I feel that's grossly unfair.
I would laugh my head of if something bad happens to him. Unlike you that seems to think ruining the life of a young man on a whim is perfectly acceptable.
You are mixing up legal and non-legal terms. Of course she can consent to have sex, just like she can consent to anything else. You are choosing to view the title in LEGAL terms , but in non-legal terms you can walk up to her, ask if she wants to have sex, and if she says yes than she has consented. It just won't be a legal defense, and she will be DEEMED to not have given consent in a legal proceeding.
It is the Legislature (with the approval of, or overriding the veto of the Governor) who enact laws, the Judge merely enforced the law.
since the system seems to provide no good oversight. He jailed a woman illegally for 10 days and was censured? How about at least a 10000 fine or 1 year suspension. A young mans life is destroyed. To me what he has done is akin to murder. With his level of knowledge and training this accentuates his crime. When the system fails, other checks which are less preferable, will happen. If someone knowingly and willfully ruined my life that way I would seek them out and ruin theirs. Yes I would. After all, what do I have to lose. (if I had no legal recourse)
I am not a lawyer either but I believe the agreement & verbal exchange involving the defense, prosecutor and judge are the basis for the appeal. If I was launching an appeal in the arena of lawyer wannabes my objection is the premise the judge gave for the sentencing penalty.
Another of notty's wonderful statements. With comments like this it's no wonder he's worried about the government watching him.
In some States Michigan being one of them, New York being another.
How does voting him out of office undo the damage he has done to this kid? Who said I am worried about the govt watching me? You think we live in Nazi Germany? The reason gun ownership is guaranteed by the US constitution is to serve as a check against tyranny. Destroying people on a whim is tyrannical.
This young man, at 19 certainly not a kid, sexually assaulted an underage girl. We have strong provisions against such behavior in part because adults can groom and manipulate children to make them think they are consenting.
That is why a JUDGE is supposed to JUDGE the circumstances. If the parents of the girl oppose the outcome, it is probably the wrong one. I understand why the laws exist. I also understand why we expect high standards from judges to make the right determination for society in these cases. They do not always do so. In some circumstances it is well beyond incompetence and willful. If I was the victim of such circumstances I would seek retribution personally if no legal recourse was available to me.
How do you know they are ruining your life? Maybe it is the thing that makes you fall down realized what was wrong with you and stand back up better than ever. Your way of thinking is somewhat akin to how a jihadist thinks with the nothing to lose mentality.
It's a legal term because society believes someone that age does not have the capacity to consent. Her saying yes is meaningless. She cannot consent and therefore it wasn't consensual.
