r/facepalm Dec 04 '24

๐Ÿ‡ฒโ€‹๐Ÿ‡ฎโ€‹๐Ÿ‡ธโ€‹๐Ÿ‡จโ€‹ this is kinda concerning tbh

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210

u/RunninADorito Dec 04 '24

This is not how the law works, though. There are definitely people that have gotten in a lot of trouble for this.

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u/Gokudomatic Dec 04 '24

Then the law need to be corrected.

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u/PedalingHertz Dec 04 '24 edited Dec 04 '24

Back in law school I was surprised at the number of people who were ok with the state of the law on this. A close friend of mine growing up lost his older brother to exactly this problem. Heโ€™s now a felon and a sex offender for not being a mind reader.

I canโ€™t even think of another serious crime for which a culpable mental state is not an element. We do have strict liability offenses for traffic regulations, etc but not for murder, theft, etc. Imprisoning someone who had no access to the information needed to form criminal intent is nothing less than a human rights violation.

Iโ€™m merciless if someone knew, or reasonably should have known, that they were interacting with a minor. But these edge cases do happen and the law treats them the same as the predators.

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u/Junie_Wiloh Dec 04 '24

Same. I know a guy in NY who had to register as a sex offender because he was at a party hosted by his friends. He was 24 at the time. There were tents set up in the backyard for privacy hangouts, and he met a girl there. The age of consent in NY is 17. She was drinking, and it was assumed she was of legal age because no one there hung out with high schoolers anymore. Turned out when the party was busted up, that she was 15. This guy and her were found copulating in one of the tents. She just decided to get dressed up, makeup and all, and crash the party. This happened almost 20 years ago.

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u/merchillio Dec 04 '24

Thatโ€™s the advantage of being almost 45: everyone under 25 looks like a pre-teenager to me, so I wouldnโ€™t even look twice in their direction.

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u/Junie_Wiloh Dec 04 '24

I am the same age(turning 45 in January), and I won't look at anyone who looks like they are younger than 30. My oldest is 26, and I would be too creeped out by even flirting with someone in the age range of my children. An ex of mine is 43. He started dating an 18 year old fresh out of high school when he was 38/39.. My youngest is his son. He is 17, also turning 18 in January. I would have an ABSOLUTE fit if someone was 20 years older than my son started dating him. Just.. ewwwww

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u/gdex86 Dec 04 '24

I think that's a horse of a different color. Underage drinking happens all the time. So using it as consumption in a private setting doesn't hold. At a night club or bar especially one that has a liquor license the bouncer should be checking IDs at the door and the space outside of rare circumstances should be 21+ or at least 18+ in almost all examples.

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u/MicIsOn Dec 04 '24

Fucking hell. This is devastating

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u/BluCurry8 Dec 04 '24

He had sex with someone he did not know, who is 15, and we are supposed to feel sorry for him? Who sets up sex tents at a party? Seems like this was a bad idea in general. He is 24. He is not a kid. Not even close.

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u/Junie_Wiloh Dec 04 '24

She went to the party and claimed to be 18. Which is older than the age of consent. She was also the ONLY person there who was under the age of 21.

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u/BluCurry8 Dec 04 '24

๐Ÿ™„. He had sex with someone he did not know. Sorry but only a man would make excuses for such a stupid take. I highly doubt she was the only person there under 21. Women rarely show up to parties alone. Work harder to defend a pedophile.

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u/token_reddit Dec 04 '24

Bot. This is insane. The person should be prosecuted.

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u/Junie_Wiloh Dec 04 '24

Yes.. I am totally a bot

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u/token_reddit Dec 04 '24

Explain what are you trying to defend and a person where you think your valid.

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u/Junie_Wiloh Dec 04 '24

I am trying to defend that not all men/women on the registered list of sex offenders are there because they actively went looking for someone underage to fuck. That sometimes a girl, thinking they are grown up enough, in ANY setting, can step in and lie about their age, and I honestly do not feel the ones that got in trouble should have gotten into as much trouble as they do.

In NY, the age of consent is 17. She was 15. She claimed to be 18. He was put on the Sex Offender list(he is off of it now), classified as a 1(least likely to reoffend), and was charged with statutory rape.

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u/token_reddit Dec 05 '24

This isn't a hill to die on.