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Monroe police are searching for a man suspected of rape / question about it
Posted on 7/8/17 at 12:19 pm
Posted on 7/8/17 at 12:19 pm
LINK
In the article they say:
A. First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
(1) When the victim resists the act to the utmost, but whose resistance is overcome by force.
(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
(5) When two or more offenders participated in the act.
(6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Those all sound like regular rapey things, why is for those over 65 and under 13? And what happens to those who fall in that window and the same things were to happen to them, not rape?
In the article they say:
A. First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
(1) When the victim resists the act to the utmost, but whose resistance is overcome by force.
(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
(5) When two or more offenders participated in the act.
(6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Those all sound like regular rapey things, why is for those over 65 and under 13? And what happens to those who fall in that window and the same things were to happen to them, not rape?
14
Posted on 7/8/17 at 12:22 pm to DavidTheGnome
quote:
And what happens to those who fall in that window and the same things were to happen to them, not rape?
It's still rape, just not 1st degree. I suppose it's because those people are considered to be more vulnerable.
Posted on 7/8/17 at 12:22 pm to DavidTheGnome
Evidently the ways of the Gnomes are different than humans.
Stay in your hollow trees.
Stay in your hollow trees.
Posted on 7/8/17 at 12:25 pm to DavidTheGnome
quote:
Monroe police are searching for a man suspected of rape
quote:
DavidTheGnome
quote:
Monroe
Posted on 7/8/17 at 12:26 pm to LaBornNRaised
Not me
Posted on 7/8/17 at 12:27 pm to DavidTheGnome
quote:
Those all sound like regular rapey things, why is for those over 65 and under 13?
in LA we make many crimes more serious depending on who you commit the crime against
like First Degree Murder. it has nothing to do with the common law reliance on premeditation and everything to do with the class of person you kill (or what other behaviors you're engaged in when you kill the person)
Posted on 7/8/17 at 12:27 pm to DavidTheGnome
Can we link this to the University of Alabama? If so, 14 days and 10 bumps to keep it page 1.
Go!
Go!
Posted on 7/8/17 at 12:28 pm to DavidTheGnome
quote:
And what happens to those who fall in that window and the same things were to happen to them, not rape?
Simple Rape
quote:
A. Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.
(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.
(3) When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
B. Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Posted on 7/8/17 at 1:02 pm to DavidTheGnome
if I'm not mistaken 1st degree rape in LA is a capital offense (i.e. death penalty)
Posted on 7/8/17 at 1:04 pm to DavidTheGnome
quote:
why is for those over 65 and under 13?
More vulnerable as a victim.
Posted on 7/8/17 at 1:17 pm to DavidTheGnome
was watching the news last night and they started showing people that were arrested and one of the names was Wilterious 
Posted on 7/8/17 at 1:49 pm to SlowFlowPro
quote:
Simple Rape
No such thing as simple rape anymore. Those laws were changed because people felt "simple" rape was insensitive to the victims. Forcible rape and simple rape were all replaced with 1st, 2nd, and 3rd degree rape.
Posted on 7/8/17 at 3:22 pm to DavidTheGnome
Obviously, this guy has been working out in the heat while most others are in A/C.
Charges DISMISSED.
Charges DISMISSED.
Posted on 7/8/17 at 3:27 pm to DavidTheGnome
Sex crime statutes are very particular. There various degrees of rape, plus sexual battery, carnal knowledge, etc. Factors such as victim age decide what statute is applied.
1st degree rape is what used to be called Aggravated Rape and used to carry a death sentence.
1st degree rape is what used to be called Aggravated Rape and used to carry a death sentence.
This post was edited on 7/8/17 at 3:28 pm
Posted on 7/8/17 at 3:32 pm to cgrand
quote:
f I'm not mistaken 1st degree rape in LA is a capital offense (i.e. death penalty)
After Kennedy v La, I don't think any rape conviction can carry death.
Posted on 7/8/17 at 3:36 pm to DavidTheGnome
quote:
why is for those over 65 and under 13?
Because anyone who fricks someone over 65 or under 13 is disgusting and needs to be jailed whether it was consensual or not.
Posted on 7/8/17 at 3:47 pm to DavidTheGnome
quote:
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
Any type of rape of over 65/under 13 automatically catipultes it to first degree. The rest of the statute is describing the elements of first degree rape for anybody
Posted on 7/8/17 at 3:49 pm to DavidTheGnome
Maybe I'm reading this wrong, but it sounds like 1st degree rape applies to people over 65, under 13, OR if it happened to someone of any age where intercourse occurred under those circumstances listed.
So if someone was in the window between age 13-65, and one of those circumstances listed did not happen, I guess it would be considered a lesser degree of rape (2nd degree, etc).
ETA: What Antonio said
quote:
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
So if someone was in the window between age 13-65, and one of those circumstances listed did not happen, I guess it would be considered a lesser degree of rape (2nd degree, etc).
ETA: What Antonio said
This post was edited on 7/8/17 at 3:50 pm
Posted on 7/8/17 at 4:15 pm to cgrand
quote:
if I'm not mistaken 1st degree rape in LA is a capital offense (i.e. death penalty)
Victim younger than 12 was, but the SCOTUS decided that was cruel and unusual.
Posted on 7/8/17 at 10:24 pm to DavidTheGnome
Bumpo
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