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msanthrope

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85. It's very easy to predict this case....stat rape is one of those charges that

Tue May 28, 2013, 10:23 AM

May 2013

is a near to a 'slam-dunk' as you can get. There's no mitigating defense allowed, really, and the judge will instruct the jury that if the elements are met, there is no defense. It's all about the sentencing.

I've only won one stat rape case, and that was on a pure technicality. The jury scared me and my client--they would have convicted him.

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Kaitlyn Hunt refuses plea deal in underage same-sex case [View all] ScreamingMeemie May 2013 OP

She should get the same deal he got. Dreamer Tatum May 2013 #1

That's basically what they asked for in the beginning. ScreamingMeemie May 2013 #2

Unless there are worse facts brought to bear Dreamer Tatum May 2013 #3

She shouldn't have been charged with anything. pnwmom May 2013 #6

She admitted to the sexual nature of the relationship under questioning shawn703 May 2013 #10

I can't find any link to the actual claim against her, other than about kissing. pnwmom May 2013 #19

Link shawn703 May 2013 #22

digita and oral sex bananas May 2013 #23

Good grief. Apparently no one had an attorney to tell them not to talk! n/t pnwmom May 2013 #25

I dont see anal sex on the affidavit n/t FreeState May 2013 #27

You're right, I'll edit that post. bananas May 2013 #30

maybe. maybe not. magical thyme May 2013 #63

Could we define "Same Sex Relationship"? SCVDem May 2013 #4

They released the affidavit, which is humiliating for both girls involved. ScreamingMeemie May 2013 #5

It's a tough case RiverNoord May 2013 #8

But 17/14 was okay? nt SCVDem May 2013 #11

I listed the Florida Law on another thread, 18 and 16 are the ages of importance in this case. happyslug May 2013 #20

2nd degree felony - seems pretty clear DrDan May 2013 #26

Yes AnalystInParadise May 2013 #76

Prosecutors don't have limitless discretion with respect to not prosecuting a case? AnotherMcIntosh May 2013 #18

Of course they don't RiverNoord May 2013 #29

1) You are mistaken if you believe that there is a "statutory rape" charge at issue. The 18-year-old AnotherMcIntosh May 2013 #31

OK... I'd give you my name and RiverNoord May 2013 #41

OK. Now that we've narrowed this down to Minnesota and North Dakota, AnotherMcIntosh May 2013 #43

The poster you are conversing with also doubted I was an attorney! It seems this happens msanthrope May 2013 #74

lol - that was rather amusing, RiverNoord May 2013 #87

Yes, certainly more notorious than the targeting killing of a US Citizen, right. After all, the 24601 May 2013 #70

You say, "I'm a lawyer." AnotherMcIntosh May 2013 #32

Haven't you heard? On the internet, everyone is a lawyer. PSPS May 2013 #33

Please enlighten us shawn703 May 2013 #34

He might actually be a lawyer. After all, who except for a lawyer would want to say that? AnotherMcIntosh May 2013 #42

You know, you did this before--you accused me of not being a lawyer, and when I offered to show msanthrope May 2013 #75

This affidavit is now being read by everyone this girl will ever go to high school with. madaboutharry May 2013 #15

Really. Although tblue May 2013 #35

and yet the victim cooperated with the police magical thyme May 2013 #53

digita and oral sex bananas May 2013 #24

There's your felony... 1983law May 2013 #50

I was hoping that she would turn it down. madaboutharry May 2013 #7

Statutory rape cases are ugly RiverNoord May 2013 #9

Unfortunately, it's not a statutory rape case. ScreamingMeemie May 2013 #13

I posted the law above, "lascivious acts with a minor 12-16" is what Florida calls Statutory Rape. happyslug May 2013 #21

Yes it is. That's Florida's equivalent charge. nt msanthrope May 2013 #77

I've learned better than to accept extreme offers from people in trouble magical thyme May 2013 #55

Prosecutors can't let little niceties like not being cruel and not seeking to ruin someone's life indepat May 2013 #68

Are you serious? AnalystInParadise May 2013 #78

You make good points, but see post #12 and let the equal justice under the law precept indepat May 2013 #86

No charges should be filed lobodons May 2013 #12

+ 1000 n/t FreeState May 2013 #28

Schools should teach all the kids tblue May 2013 #36

I wholeheartedly agree with this shawn703 May 2013 #47

I do. knitter4democracy May 2013 #49

Good for you, knitter4democracy! tblue May 2013 #73

I have been known to tease some students about being jailbait... knitter4democracy May 2013 #80

We were taught that in my school Yo_Mama May 2013 #54

Agreed but it also points to a flaw in the laws that this should be nexessary... Locut0s May 2013 #72

+ 1000. Revise the statute already. JimDandy May 2013 #81

1000 + a nudder 1000 Monk06 May 2013 #45

My husband started HS at 12 years old HockeyMom May 2013 #14

It's not easy to predict this case though...this is a very conservative area of Florida davidn3600 May 2013 #16

It's very easy to predict this case....stat rape is one of those charges that msanthrope May 2013 #85

Here's the statute. rug May 2013 #17

She should get the same deal he got otherwise gopiscrap May 2013 #37

Who is he? LisaL May 2013 #38

a short while ago an 18 year old male (in Florida) had gopiscrap May 2013 #39

18 and 15 shawn703 May 2013 #48

and was it a single incident or repeated after being told to stop? magical thyme May 2013 #58

I wonder if Alan Grayson would take an interest in this. ancianita May 2013 #40

They need a jury of their peers n/t griloco May 2013 #44

LOL Duzy to you. JimDandy May 2013 #82

Probably depends on evidence madville May 2013 #46

Relatively easier, but not a slam dunk yet. AnotherMcIntosh May 2013 #71

Foolish - perhaps predatory - of her to have had sex with a child panzerfaust May 2013 #51

I think the defense might be hoping for nullification shawn703 May 2013 #52

I expect they want to plea it down further magical thyme May 2013 #56

I find this an incredibly idiotic assertion.... Crepuscular May 2013 #59

I think maybe you misread the post? shawn703 May 2013 #60

I don't think so, read it again. Crepuscular May 2013 #62

actually Shawn articulated better what I was trying to say magical thyme May 2013 #65

All we have to go on are your words Crepuscular May 2013 #67

well now I have edited it... magical thyme May 2013 #69

no, I don't think she set out to recruit the 14 year old. magical thyme May 2013 #61

Yet you said that Kaitlyn was Crepuscular May 2013 #64

as I wrote above, better wording would have been... magical thyme May 2013 #66

Agree with your post. When 18 year olds seek out much younger partners, it's often kiranon May 2013 #57

if this was a 18 yr old man and a 14 yr old girl.... madrchsod May 2013 #79

As the mother of a teenaged boy, I couldn't disagree more. However, it probably ScreamingMeemie May 2013 #83

Yes--it would be a criminal case if an 18 year old boy picked up a 14 year old from msanthrope May 2013 #84