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- Xref: sparky alt.feminism:6609 misc.legal:21772
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- From: lkk@panix.com (Larry Kolodney)
- Newsgroups: alt.feminism,misc.legal
- Subject: Re: Retardation and Rape (was: Re: Mysogynist Bullshit)
- Message-ID: <1992Dec29.021854.28426@panix.com>
- Date: 29 Dec 92 02:18:54 GMT
- References: <1992Dec27.183632.9369@zooid.guild.org> <Bzxpq3.Fw7@news.cso.uiuc.edu> <1992Dec27.235337.25000@panix.com> <Bzy3Gv.7vH@world.std.com>
- Organization: The Devil's Advocate
- Lines: 23
-
- In <Bzy3Gv.7vH@world.std.com> srm@world.std.com (Stevens R Miller) writes:
-
- >But the law would not excuse the defendant even if the eight-year-old
- >had consented, since anyone under the age of 17 (in NY) is legally
- >incapable of consent. Similarly, a person who is mentally defective
- >(defined: "...suffers from a mental disease or defect which renders
- >him incapable of appraising the nature of his conduct" PL 130) also
- >cannot legally give consent. If I were the prosecutor, I would argue
- >that a person of eight-year-old mentality could no more give legal
- >consent than a person of eight-year-old actuality.
- >--
- >Stevens R. Miller J.D.
-
- But if the Glen Ridge defendants were convicted SOLELY on the basis
- that the victim was retarded, they would only be guilty of statutory
- rape, and would (I suspect) face a significantly lighter sentence.
- You'd have to show actual lack of consent for a regular rape charge to
- stick.
-
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-