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Originally Posted by guccilvr
I'm assuming that by saying that sex offenders should never get out of jail, you mean the actual predators, not the 18 year old who slept with a girlfriend. Correct??
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Quite. Some states have the right idea, btw, regarding the 18 year old who sleeps with his girlfriend. It's only statutory rape if there's X number of years (usually 3 or 4) of age difference between them.
In other words, the 18 year old can sleep with the 17 year old girlfriend, but the 25 year old cannot.
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There has to be some validity to the rehabilitation process.
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I have no doubt that some, given proper therapy, can rehabilitate to the point that they will never re-offend. However, it's impossible to tell who those people will be, and I am unwilling to risk the safety of innocent potential victims by giving a rapist the chance.
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If a person, let's say, goes to the club and some girl is there who looks 18 (we all see 'em every day) but in actuallity is only 15, goes home with the guy and say, only has oral sex. Does that person really deserve to be on the sex offender list?
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Depends. Did she pass herself off as being of-age? Frankly if I were the type to sleep with a girl on the first date (never was), I would check ID.
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Regardless of the man's age (while he should have asked for I.D. first naturally) did he commit the crime or did he just happen to be in the wrong place at the wrong time with a girl who's hormones were raging?
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Several venues to this. Of course while you and I suggest he should check ID's, she could have a fake (how else could she have gotten into the club, really) and I dunno about you but unless it's a really crappy job, I probably couldn't tell a fake from a real ID.
That said, the fact that the girl is at the club having entered under a fake ID is evidence that she is willing to lie about her age to get what she wants. And it's circumstantial evidence that her ID is probably pretty convincing because bouncers are generally pretty good at seeing through those.
In that case, I don't believe statutory rape should be applicable, because the man has no reasonable way of knowing that she's under age. Being manipulated by a jackass girl into thinking you're sleeping with an attractive adult should not be a sex crime.
On the other hand, many guys could reduce the chances of this happening significantly if they'd just keep it in their pants until they got to know the girl. After all, if you wait to have sex until you know more about her, it's gonna be pretty hard for her to hide the fact that she's a sophomore in high school living with her parents.
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If a person uses force, coercion, or the victim is indeed a child, then it's tier2.
Put the person on the list, throw them in prison for 25 to life (depending on the circumstance) and if they make it out, notify neighborhoods, schools, daycares etc.
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I'd go farther than that. Do exactly what you said for tier 1. Tier 2 never leaves jail. Period. They screwed up, they knew they were screwing up, and I'm not willing to put innocent people at risk in some grand experiment to see if we can stop him from doing it again.