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re: BR: 13 year old girl raped by teen, HIV positive

Posted on 11/4/15 at 11:20 am to
Posted by FenrirTheBeard
NOLA
Member since Jun 2012
6818 posts
Posted on 11/4/15 at 11:20 am to
quote:

I don't want to sound like an a-hole but something isn't adding up. How did she contract the virus?


I think the major point to be made here is that she was raped by a 17 year old. Whether consensual or not, it is still rape.

However, I think it is still being determined whether she contracted it from him or not.

quote:

She's 13 and already has HIV. And you're wondering why the "rape" wasn't reported sooner? 


Make no mistake, if he had sex with her he is guilty of rape.
Many rape victims have severe emotional damage from rape and often go long periods of time before admitting to others. Its pretty traumatic.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70474 posts
Posted on 11/4/15 at 11:22 am to
quote:

 How did she contract the virus?



Probably from the drug needles she uses.
Posted by gatorguru
New Orleans
Member since Aug 2014
333 posts
Posted on 11/4/15 at 11:37 am to
"Modern Generation tests will pick up 95% of infections at 28 days after exposure. A confirmatory test three months after the exposure is always recommended."

She was raped in August.

3 months...so she's confirmed to have HIV. His test results, if/when he is tested, should accurately confirm whether or not he tested positive as well....if his test comes back negative...ohh boy
Posted by Volvagia
Fort Worth
Member since Mar 2006
53616 posts
Posted on 11/4/15 at 12:25 pm to
quote:

He turned himself in which I would assume is an admission of guilt.


What?

So if I see myself on the news accused of something I didn't do, I should run away?

How the hell does going to the police equal an admission of guilt? It can just as easily mean the opposite.

quote:

Sounds like you want this to be a classic case of the dindu


Not at all, and if you think that you aren't paying close enough attention to my posts in here (much less in simikar threads).

quote:

If he statutorily raped this young girl, why no lynch mob?


*If*
Lynch mob isn't waiting for the *if*.

Feels better to play the odds, and judge everyone from the start now based on nothing but the prelim findings. Then *if* it turns out to be false...well then we will pretend it never happened.

Cliff notes: It's not that fricking hard; not saying the guy is innocent in the slightest but there are irregularities in the girls story to make treating her report as ironclad gospel right now silly . Doesn't mean it didn't happen that way, but it does mean it's fairly stupid to go full Lemming and get on the bash band wagon as if this story affected you in the slightest.
This post was edited on 11/4/15 at 12:27 pm
Posted by LSU03
Tiger Mecca (aka Baton Rouge)
Member since Dec 2003
568 posts
Posted on 11/4/15 at 12:31 pm to
quote:

Yes....what does the blood report have to do with reporting a rape?

What am I missing? Seriously


Victims don't come forward for rape all the time, for many reasons...once the blood test came back, it went from rape to rape and murder. The guy gave her a death sentence and could do it to others. She should be congratulated for being brave enough to come forward.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/4/15 at 12:46 pm to
quote:

s specifically says that he does have the disease.
No, it says the victim tested positive for HIV. It does not say specifically that the accused has the disease. Although the first sentence is unclear since the subordinate clause could apply to either the victim or the accused. Another case of poor journalism.
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 11/4/15 at 12:53 pm to
Either way it is a shitty situation. This may sound wrong but I hope it is where he gave her HIV because I would lose more faith in humanity if a 13 year old girl in the USA is walking around with HIV.

Posted by Paddyshack
Land of the Free
Member since Sep 2015
11070 posts
Posted on 11/4/15 at 12:54 pm to
quote:

What? So if I see myself on the news accused of something I didn't do, I should run away? How the hell does going to the police equal an admission of guilt? It can just as easily mean the opposite.


Alright so lets break this down. First, I would never "turn myself in" for a crime I did not commit. Regardless of the repercussions, I would know I am innocent until proven guilty; the burden is not on me to prove my innocence. Nor is it for this kid. So yes, I am assuming by "turning himself in" that it means he is acknowledging the fact he AT THE LEAST had sex (statutorily raped)and possibly gave her HIV.

Second, she got HIV from somewhere, and she is only 13. I would venture to say she has not had many sexual encounters (hopefully). Therefore, the field of guilty candidates should be relatively small. I'm sure she did not randomly choose this guy to blame.


Third, as for the lynch mob. I would assume many people read the article and interpreted it like I did. When it says he turned himself in, they are assuming guilt for the reason I mentioned above.

FWIW, I could be completely wrong. He could be innocent. He may not even know this girl. He may be an outstanding student and upstanding citizen. But if I were a betting man, I would say that he got a little too horny thinking about some 13-year-old poon and decided he was going to smash at all costs. And here we are.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68609 posts
Posted on 11/4/15 at 12:54 pm to
quote:

Victims don't come forward for rape all the time, for many reasons...once the blood test came back, it went from rape to rape and murder. The guy gave her a death sentence and could do it to others. She should be congratulated for being brave enough to come forward.

Only if he gave it to her; the bad journalism of this article makes it impossible to determine.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/4/15 at 12:55 pm to
Is it possible that the 13 year-old girl has been sexually active, and the positive HIV test disclosed that fact. and she claimed it was non-consensual to avoid disclosing other sexual activities or that she was a willing participant? Couldn't your "scared, embarrassed, don't want to deal with it etc etc" conditions apply to consensual sex by the 13 year-old, and the rape claim is a way of avoiding those issues?

All I was suggesting is wait for the investigation to be completed to reach judgment on the matter.
Posted by Paddyshack
Land of the Free
Member since Sep 2015
11070 posts
Posted on 11/4/15 at 1:01 pm to
quote:

Is it possible that the 13 year-old girl has been sexually active, and the positive HIV test disclosed that fact. and she claimed it was non-consensual to avoid disclosing other sexual activities or that she was a willing participant? Couldn't your "scared, embarrassed, don't want to deal with it etc etc" conditions apply to consensual sex by the 13 year-old, and the rape claim is a way of avoiding those issues?


And yet again, this is all irrelevant to the case at hand. Right or wrong, a 13-year-old can not, by law, consent to sex. Therefore, any sexual act performed with a 13-year-old is considered statutory rape. What you are suggesting is possible in that she has consented to and had sex with multiple partners. But it doesn't matter, and if that is the case, then she could claim rape against anyone she has had sex with.
Posted by Volvagia
Fort Worth
Member since Mar 2006
53616 posts
Posted on 11/4/15 at 1:24 pm to
quote:

Alright so lets break this down. First, I would never "turn myself in" for a crime I did not commit. Regardless of the repercussions,


So you won't work to straighten it out but rather flee the area.

Gotcha.

Because any point of dialogue to straighten it out will involve you being in custody, no matter how brief.
Posted by Paddyshack
Land of the Free
Member since Sep 2015
11070 posts
Posted on 11/4/15 at 1:36 pm to
quote:

So you won't work to straighten it out but rather flee the area. Gotcha. Because any point of dialogue to straighten it out will involve you being in custody, no matter how brief.


All I can say is show me where I said I would flee?? WTF are you even saying at this point?

Quit being a simpleton and quit putting words in my mouth.

I would never "turn myself in" for a crime I did not commit because if I did, I would be indicted for a crime I didn't commit.



Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/4/15 at 1:37 pm to
quote:

Therefore, any sexual act performed with a 13-year-old is considered statutory rape.
The 17 year-old was not charged with statutory rape. That is a separate crime from the first degree rape charge.

The accused is guilty of statutory rape if he had sex with the 13 year-old that was consensual, but statutory rape does not require any violent intent by the perpetrator, nor does it even imply violent intent. First degree rape is a violent crime with more serious punishment.
Posted by Jet12
Tweet, tweet, tweet, two steps.
Member since Nov 2010
20554 posts
Posted on 11/4/15 at 1:38 pm to
Very sad story...though not extremely surprising given how BR is #4 in the country for HIV diagnoses. Regardless of what really happened, a 13-year-old should not have HIV...(and if he was the one that gave it to her, he should be put away for a long time)

Luckily, it's not the death sentence it once was.
Posted by Paddyshack
Land of the Free
Member since Sep 2015
11070 posts
Posted on 11/4/15 at 1:50 pm to
Ok so they charged him with first degree based on her story I guess. Either way, he will be charged with rape (some form or another) as long as they had sex.

quote:

The accused is guilty of statutory rape if he had sex with the 13 year-old that was consensual, but statutory rape does not require any violent intent by the perpetrator, nor does it even imply violent intent


Right so if he is guilty of first degree, he also must be guilty of statutory rape simultaneously. Not sure what your point is; I know the difference.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/4/15 at 8:22 pm to
quote:

Not sure what your point is
What is the appropriate punishment? Statutory rape when there was consent does not deserve anywhere close to the same punishment as forced non-consensual sex. Given the accused is only 4 years older than the 13 year-old victim, the crime of carnal knowledge of a juvenile is only a misdemeanor. First degree rape is a felony. That is my point.
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