We have previously discussed the troubling use of statutory rape charges in cases where two teenagers have consensual sex. It is even more problematic when only the boy is charged. Yet, that appears to be the case in Kildare, Ireland where two sixteen year olds had consensual sex but the boy was then charged with rape. Judge Desmond Zaidan expressed “serious concerns” over the charges but the prosecutor has persisted in the case.
The case arose after the girl told her parents that she had had consensual sexual relations with the boy after a social event. The boy, who appears to have borderline personality disorder, has been in trouble previously. However, there is no allegation of forced sexual contact in this case and the boy does not appear to have such serious crimes on his record.
Judge Zaidan noted that the boy has diminished intellectual capacity and is having a “profound effect on his vulnerability to a negative peer group.” He added that the boy “is easily taken advantage of and needs the protection of the state.”
Putting the troubled mental state of the boy to the side, there remains the notion of charging either teen with rape for consensual sex and the even greater concern is just charging the boy. Teenagers often become sexually active around age 16. Two teenagers engaging in consensual sex in a case like this seems far afield from the original purpose of the law — to prevent adults from have consensual relations with underaged partners. The sexual relationship is certainly fair game for parental discipline but the decision of these parents to call the police seems over-the-top in the absence of evidence of forced sexual conduct.
What do you think?
Source: The Journal
@Tin
When women wanted equality, where was it?
Let’s say that the law is designed as such to protect such girls from losing their education. It is still misandrist to target males for this specific type of thing. It is still sexist to put men to jail and not women.
Where… is… the… equality… that women asked for?
You got that right! It exists nowhere. The law, as designed, is a crapshoot and too puritanical for our society today.
For what it’s worth, “borderline personality disorder” is not really something one has, as much as something one is. NIMH defines the term as someone who has “Problems with regulating emotions and thoughts, Impulsive and reckless behavior, Unstable relationships with other people.” Modern psychiatry has taken over the role of diagnosis and tries to put human behavior into categories that are then labeled as disease states rather than a personality style.
The law allows the distinction between teenage males and females in charging statutory rape, because, as American case law points out, the consequences are considrably more serious for girls than boys. The girl may become pregnant, and her life changes forever. Her education usually ceases at that point, as well as her carefree youth. The boy can go on about his life without the burden of nine months of pregnancy and then caring for a child every day for the next 18 years. She can’t. The law recognizes those obvious and common sense differences between male and female teens.
Dah this is why the “rape” exception to abortion exists. The rape execption should not be….unless boys are getting punished for rape. Which is rare. And given all the gmo and hormones in dairy products….how do we know she didn’t rape him. Instead of slipping a miky she migt have given him cialis or viagra. What difference does it make? Says the left. The difference is life and death for babies. The left wants and gets birth control to kids. Gets kids abortions without their parents knowing….if the kids are girls. But if the kid is a boy….it is per se his rape. Based on age alone. Once “rape” …..abortion follows the “exception”. ..the. Viable babe be damned.
Did you see this insane article in the New Yorker about legal consequences of consensual teenage sex?
http://www.newyorker.com/magazine/2016/03/14/when-kids-are-accused-of-sex-crimes?intcid=mod-most-popular
Paul, Having Irish on my Mom’s side, you are right about the passive-aggressive nature.
Hats off to the only sane parents, the mother when she sees her daughter interested in boys and starting to date, takes her to the doctor for birth control education, the father who when noticing those changes in his son, encourages the use of condoms and openness about STDs and all the rest. All the rest of the parents who sit back and whisper to each other, you are to blame.
I wonder what the pope would say.
Let Ireland be Ireland.
If they boy appeals a conviction to eventually the European Court of Human Rights I doubt the state will prevail.
@KarenS
Hmmm. Diminished mental capacity, but his weenie still worked. . . Sooo, is it sexist to note this proves that a man’s brain has no connection whatsoever to his penis???
Squeeky Fromm
Girl Reporter
Squeeky – a woman’s mental capacity has no relationship to her vagina.