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Posted on 1/22/11 at 9:13 pm to Lester Earl
well said LE.
Posted on 1/22/11 at 9:38 pm to LSU0358
quote:
Because it's not a good idea to blindly accept what some idiot in Baton Rouge decided to put on a sheet of paper.
Now it is clear you have NO understanding at all on how our legal system and its laws are made.
Posted on 1/22/11 at 9:51 pm to Lester Earl
quote:
but there are so many variables that are involved in this situation that we dont know about.
did he know her age?
did she willingly blow him?
did he tape it, or the other guy?
None of these matter in the charge against him.
§43.3. Oral sexual battery
A. Oral sexual battery is the intentional engaging in any of the following acts with another person, who is not the spouse of the offender when the other person has not yet attained fifteen years of age and is at least three years younger than the offender:
(1) The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender; or
(2) The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.
B. Lack of knowledge of the victim's age shall not be a defense.
C.(1) Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years.
I put the exact wording that is in effect in this case.
quote:
with all that being said, the law is the law. Something needs to be enforced here, whether he is kicked out of school, or looses his LSU scholly, or register as a sex offender.
You got all of this correct except the law requires it to be dealt with in a certain way because of the age difference between the 2. Keep in mind that he is a year behind in school from what I understood from all of this meaning that he is likely closer to 19 than 18.
He will get some jail time, but likely only a little bit then be release and registered on probation. He may be out by the fall depending on how he pleads.
This post was edited on 1/22/11 at 9:56 pm
Posted on 1/22/11 at 10:00 pm to Jaketigger
quote:
None of these matter in the charge against him. I put the exact wording that is in effect in this case.
Why not?
Of course it matters. All those things are very important.
If you would put everyone in jail that kills someone and call it
"murder", without knowing any back stories, would that be right?
Would you want to go to jail for murder because you killed someone in self defense?
circumstances always matter.
quote:
Keep in mind that he is a year behind in school from what I understood from all of this meaning that he is likely closer to 19 than 18.
Irrelevant. He is still a high school kid. That is huge, like I said.
He is not going to jail. I will bet anything on that. They arent sending a HS kid to jail because anther HS girl blew him. I dont care what his age is. Especially if he has no history of other problems.
This post was edited on 1/22/11 at 10:01 pm
Posted on 1/22/11 at 10:12 pm to Lester Earl
quote:
He is not going to jail. I will bet anything on that. They arent sending a HS kid to jail because anther HS girl blew him. I dont care what his age is. Especially if he has no history of other problems.
If she didn't consent you couldn't be more wrong and I have to think you know that.
Posted on 1/22/11 at 10:17 pm to the LSUSaint
its pretty obvious she gave consent or he would probably be in jail right now
This post was edited on 1/22/11 at 10:18 pm
Posted on 1/22/11 at 10:51 pm to Fat Andy
So far what I've been able to deduce from this discussion is, there's a high probabilty of finding child-porn on the computers of Fat Andy, BMY, and H-Town Tiger. It doesn't take a genius to read betwen the lines of their posts.
Posted on 1/23/11 at 12:18 am to geauxldeneye
quote:ummm, no
So far what I've been able to deduce from this discussion is, there's a high probabilty of finding child-porn on the computers of Fat Andy, BMY, and H-Town Tiger. It doesn't take a genius to read betwen the lines of their posts.
Posted on 1/23/11 at 12:38 am to That LSU Guy
if UT can have a player that shoved a plunger up his owns cousin arse, i don't see this being that big of deal.~~relatively speaking.
Posted on 1/23/11 at 6:41 am to Elleshoe
quote:would it be ok if she was 9?
Posted by Elleshoe
dude, he didn't make her do anything is all I'm saying. Yes, he should have known better than to do that but a girl in high school is capable of knowing right and wrong as well. its not like she was 8.
Posted on 1/23/11 at 8:57 am to Lester Earl
quote:
Why not?
Of course it matters. All those things are very important.
You said these all mattered:
"but there are so many variables that are involved in this situation that we dont know about.
did he know her age?
did she willingly blow him?
did he tape it, or the other guy?"
the first and second question you posted are ceratinly irrelevant. The third is what could land him in huge hot water as far as any defense. if it was taped as alledged, he has little defense.
The code states.
§43.3. Oral sexual battery
A. Oral sexual battery is the intentional engaging in any of the following acts with another person, who is not the spouse of the offender when the other person has not yet attained fifteen years of age and is at least three years younger than the offender:
(1) The touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender; or
(2) The touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.
B. Lack of knowledge of the victim's age shall not be a defense.
C.(1) Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years.
defending this type of charge in La.
LINK
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