and has sex with a guy, should the guy be held legally responsable when he thought he wasnt doing anything illegal?
Should the Girl be held legally responsable instead?
Answer:
I don't agree with the law, but in the USA the defendant is strictly liable for knowing the age of the victim.
Consider the following.
In state X, it is a statory rape for someone 21 year or older to have sex with any one under 17. It is a crime to sell tobbacco to anyone under the age of 18. It is a crime to sell beer to anyone under 21.
V has a fake id saying she is 21 in fact she is 16.
First V goes to the store and buys cigeretts using the fake id from A.
Then V goes to a bar and buys beer with her fake id from B. At the bar she meet C. V tells C that she is a sophomore at the local college. She is actually a sophomore in high school. He believes her she is 21 and in fact has seen her id, he believes it is real.
They go back to C's apartment and have consentual sex.
A%26B are not criminally liable; C has commited a crime. Seems unfair to me.
no he shouild not unless she looks 10. nobody should be held responsible. However the law says that he is responsible no matter what.
Sorry, but yes. The man has sex at his own risk. The girl can't be held responsible because under the law, she is considered the victim. However, if it goes to trial, this may be considered in the defendant's favor - not for the conviction, but for sentencing purposes. (Also, the same applies if a 20 yr old woman has sex with a 16 year old).
The law is that it doesn't matter whether he knew or not. If she is underage, the guy is guilty of statutory rape. If the law were different, then every guy who slept with an underage girl (knowingly or not) would try and excuse it by saying she lied about her age. Sex is not a necessary thing, so the law stays. If a guy wants to remain out of jail, he can abstain.
No, he should not. How would he know? I am not sure you can hold a minor legally responsible, but if the girl lied and she didn't look especially young, I don't see how the man's "intent" was to commit a crime . . . quite the opposite since he made a point to ask her age.
Yes, the guy should be held responsible. That is why you shouldn't just run around having sex with people you don't know that well. Statutory rape is statutory rape. You can't claim you didn't rob a bank just because you didn't know you were doing it. That said, I think there should still be consequences for the girl, too. And I don't think that a guy in these circumstances should be branded a sexual predator, either, which some states do. It is a mistake. Mistakes still have consequences, but they shouldn't be long-lasting and life-destroying.
The reason it is illegal is because girls that age are not responsible-so how can you hold them accountable for not being responsible? If you have more than a 5 minute conversation with a 16yr old, most semi-intelligent men should be able to figure out that something is not right. Maybe it you are just looking for sex then conversation isn't really part of the equation, that mistake can be made. . .so shame on him!
THINK? THINKING COMES AFTER SEX IT APPEARS. I think if a girl presents herself as an adult of major age in front of creditabe witnesses and then has sex with a man of majority, barring forceable assault and rape , the man should not be charged and the parents the girl should be sued.HOWEVER, Society has made laws to protect parents from controling their teen daughters. So you must protect yourself from any situation involving women. First, if she is 16 she has a drivers permit, check ID fool! but dont stop there . check with her friends and if there is Any conflict of facts. STOP. Now look around. Are you at the dairy queen? Park? High School? She is probably not 18. Go to a bar to pick up chicks. and check their ID too!
As far as the courts are conserned, she is a minor.
Until the individual is 18, or until he/she is seen as an adult in court, their actions are the responsibility of their guardian/parents.
The real question is why are the parents of a 16 year old are allowing their child to be in situations where she would need/want to lie about her age?
And guys. If your pickin up chicks at highschools, or playgrounds, or teen clubs... you should just use your best judgement and assume she is a minor, until she proves otherwise...
And if she claims she doesnt have a driver's license on her. well... assume its because shes under 16.
Just keep it in your pants until marrage, and none of this would be an issue.
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