Statutory rape, or Marital Bliss ??

Yes, they broke the law. It IS statutory rape. There's no argument about it. The question is, does the dude deserve a punishment?

I don't think so. Despite how easy she may change her mind about him, or his mind about her, the fact of the matter is that it was consensual, and to me, that's good enough. I know that some people don't consider a 13 year old to have the mens rea to consent to a sexual act, and therefore someone at an age of nearly 10 years older shouldn't be able to take advantage but...

As it still stands, she has not claimed it was rape, and as far as I can tell, she doesn't feel violated. She LOVES him (or as much as she knows how to at her age), and he appears to love her. They got MARRIED.

I think it's ****ed to press charges on him if both parties consented, and to this day, it is mutually agreed that the sex was consensual.

I'm not saying it's gross-free. I think it's quite weird. And for all we know, he may just be using her for a quick ****, but it dosen't matter. she doesn't feel violated, and she consented. Even if later down the road he dumps her for some reason, and he says their relationship was about the sex, what's she gonna do? She consented. She believed it. She HAS the power to say no.
 
Jenn, it was not consensual sex because, by the definition in the law books, she is not old enough to be able to consent to this act. Therefore, he knowingly committed a crime for well over a year and 1/2 before they were married, and many times BEFORE she became pregnant. Just because they got married, should not excuse him from being prosecuted for a crime he is guilty of.

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I don't know. I am reminded of Loretta Lynn and Jerry Lee Lewis here. It could work?? maybe Hell hicks are hicks right?
 
tizz said:
I had to talk a mother out of having me arested when I was 17 (I hadn't even deflowered her son yet )
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Ohhh Tizzy, I missed this post of yours...

This is good story tellin material. Must add it to the list of stories to swap over tea.
 
tizz said:
HEHE the better stories are those of the older brother OMG did he have issues. LOL
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Nawwwwwwwww... yer tag line, "I had to talk a mother out of having me arrested ..." .. is simply beautiful. I'd like to ...embroider that..yeah...mabye a sampler is in order...
with borders of ivy and violets..

hmm..where's my crewel work?
 
phreakwars said:
O.K. but here's another angle to look at... how they got married in the first damn place..

They went to the State below Nebraska, KANSAS, where evidently, there is a law in this state permitting a 14 year old to be married with parental consent.

Now, if NEBRASKA says NO GO the marriage is not legal because they are citizens of Nebraska, why could they not move to Kansas where there marriage WOULD be legal ??

The reason I ask is because this same situation can apply not only to the AGE of the people getting married, but the sexual orientation (gays) as well..

It would not be fair to be able to marry in one state if any other state does not recognise the marriage as valid.

But on the flip side, it doesn't really matter how old one can be to get married, the fact of the matter is, he was 21, ****ing a 13 year old girl. He knocked her hick ass up, and her hick ass mom said, OK, SO NOW YOU CAN MARRY HER. And obviously went to Kansas to be present for the marriage.

I say its a flaw in the system and they beat the system to a certain extent, but he still should be prosecuted, since at the time before they were married, he WAS breaking the law, and she is STILL under age.
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Let me start by stating that I am involved with the legal system in Nebraska (professionally). One thing the media hasn't stated much, and it just goes to show how the media skews the news the way they want anymore. What ever happened to reporting all the facts not just what they want to say. Sorry off on a rant.

Anyway what the media isn't saying is that both of the people involved are lower functioning. Not retarded but kinda like Forrest Gump.

Next, if you are legally married in any state then the marriage is recognized by the United States and you are married in that state also. Unless of course it is a same sex marriage and your state has a small minded Amendment to It's Constitution against same sex marriages, but again I'm getting off on a rant.

By the letter of the law and statute in Nebraska, yes this is First Degree Sexual Assault. (If one person is over the age of 19 and the other is under the age of 16 whether she wanted it or not.) Now the form of government that we have, ie the executive branch that includes law enforcement and prosecuters, also allows for discretion on whether charge someone for a crime or not.

I have trouble believing that Attorney General Bruning has more important things to focus on in Nebraska then to prosecute a man in a situation where neither the supposed "victim" nor her parents have made a complaint or reported the "crime". Like maybe dealing with the huge methamphetamine problem or maybe trying to get that ridiculous Same Sex Marriage Ban amendment off of our constitution. In my opinion this is no different then having a law that prevents mixed race marriages.
 
phreakwars said:
Chapter 28. Crimes and Punishments.Sexual assault; legislative intent.

Sexual assault of a child; penalty.28-320.01. (1) A person commits sexual assault of a child if he or she subjects another person fourteen years of age or younger to sexual contact and the actor is at least nineteen years of age or older.(2) Sexual assault of a child is a Class IV felony for the first offense and a Class III felony for all subsequent offenses.

You see, it doesn't matter if she wanted it or not.The law states she is TOO YOUNG to consent to such an act...

And I'd like to add, a CLASS IV FELONY IN NEBRASKA, IS MAX 5 YEARS. The longest he will be in is 2 and 1/2 years, just long enough for this 14 year old to grow a few more brain cells, but not long enough that it would damage the relationship.

I'm sure they are happy, but the fact remains, before he LEGALLY married this girl, he committed a crime, I looked up more info on the case.. Evidently, she was 12 when he ****ed her, and he was 19. Legal age of marriage in KANSAS, is 14, so for well over a year, he was REPEATEDLY,( I would suppose they didn't only **** once ), breaking the law.
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This can also be filed as First Degree Sexual Assault.

State of Nebraska Statutes

Section 28-319
Sexual assault; first degree; penalty.

(1) Any person who subjects another person to sexual penetration (a) without consent of the victim, or (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nineteen years of age or older and the victim is less than sixteen years of age is guilty of sexual assault in the first degree.

(2) Sexual assault in the first degree is a Class II felony. The sentencing judge shall consider whether the actor caused serious personal injury to the victim in reaching a decision on the sentence.

(3) Any person who is found guilty of sexual assault in the first degree for a second time when the first conviction was pursuant to this section or any other state or federal law with essentially the same elements as this section shall be sentenced to not less than twenty-five years and shall not be eligible for parole.

A Class II Felony in Nebraska is a maximum penalty of 50 years imprisonment and a MINIMUM sentence or 1 year imprisonment so you lose the option of him getting probation and being able to provide for his wife and daughter whether he is ordered to stay away until she is 16 or not. Also if you prosecute now when there isn't a victim or parent of a victim making a complaint.

If things change and he turns out to be a degenerate and she is unhappy later then they can file the charges.

Say Attorney General Bruning files now, takes this to trial without a victim's testimony, and without popular support (most people polled now believe they should be left alone, what do you think the jury's verdict will be. It will probably be not guilty and then he won't be able to prosecute later if the relationship fall apart or the guy ends up a bad dad due to Double Jeopardy.
 
Vortex said:
Yes someone getting pregenent and married that young is not fair to that kid at all. She wont even have a proper childhood and will have to grow up far too quickly and will probably resent the child and now in turn her child will not get a proper childhood......Their entire relationship is doomed to failure all because of some pediophile....
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Let's say that she does grow up to resent the child. Does that mean that the child should be without her father who could love her and take care of her if he weren't in jail so she could be cared for by a resenting possibly abusive mother who is taking out her frustrations on the child. I don't see how that would help.

Another thing is this guy didn't just find this girl, seduce her and then end up cleaning up the mess later. They've known each other for about 8 years becuase she was his friends younger sister. The relationship didn't turn romantic untill shortly before she got pregnant.
 
What a bunch of BS, if you watched the interview on 20/20, the kid even admitted that he had messed around with OTHER underage girls. The only damn reason he married her was to keep his own ass out of the sling.

Of course, she was no innocent virgin herself either, she had been with 7, count em, 7 OTHER guys, before this moron, all while she was 13 or younger, you ain't gonna convince me of the bullshit story that they claim to be friends for years.
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phreakwars said:
What a bunch of BS, if you watched the interview on 20/20, the kid even admitted that he had messed around with OTHER underage girls. The only damn reason he married her was to keep his own ass out of the sling.

Of course, she was no innocent virgin herself either, she had been with 7, count em, 7 OTHER guys, before this moron, all while she was 13 or younger, you ain't gonna convince me of the bullshit story that they claim to be friends for years.
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I believe he actually said that he had been friends with other younger girls but not romantically involved.

He also said that he would mostly hang around younger people not just girls because he didn't relate to people his age, probably because he is lower functioning.
 
phreakwars said:
Of course, she was no innocent virgin herself either, she had been with 7, count em, 7 OTHER guys, before this moron, all while she was 13 or younger, you ain't gonna convince me of the bullshit story that they claim to be friends for years.
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Four words:
Where were the parents...
I think they should get jail time for neglect.
 
So what you are saying is this 14 year old and her daughter would be better off if her husband, who is trying to help support them, his mother who is assisting them by letting them live in her basement and her parents were in jail?

I don't see how that would make anything better especially since nobody has reported that they were a victim of a crime.

I think this case is a perfect example of how people can be over governed and that is exactly why this country was formed. To get away from tyrannical leaders. It is very possible to cause more harm then good when people unwantingly interfere even if the action was made with the best intentions.

I also think cases like this are why the law allows for case by case judgement and discretion before charging people with a crime.
 

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