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Originally Posted by CandleInTheDark
What the accused is does not matter as much as what the "victim" is. A 14 year old boy is less likely to feel victimized having consentual (reality, not legally) sex with a 28 year old woman than a 14 year old girl would have sex with either a woman or man.
If there is not a victim, that is, the younger party at no point feels victimized, then how is there a case?
/Devil's Advocate
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Ah, you beat me to it.
How can the court system work, how can 'justice' be doled out accordingly if all factors of the case aren't included and taken into consideration?
If the intent is to punish each individual adhering strictly to the letter of the law without the examination of the circumstances, then why have a jury at all? Why not just a rope line for the defendants to wait while the judge examines his 'punishment' checklist to dole out the approprate sentence?
Like Candle said, it's important to know who or what the 'victim' really is. I'm certainly not an expert on the criminal justice system, phibophelia (if I even spelled that right) or some psychological whiz, but it seems to me that the dynamic between an older man/younger girl is more, "you have what I want, I'm going to take it" rather than the older woman/younger man dynamic, which seems to be more, "I'm offering it to you, take what you will."