Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Statutory rape

Anonymous
Posted by Anonymous
  • 8 Replies

A man has been found not guilty of sexually assaulting a teenage girl — because she looked older than her years at the time they had sex.

Trigger warning: This post deals with child sexual assault and may be triggering for some readers.

A man who had sex with a 13-year-old has been acquitted of child rape by a Swedish court because his victim was “well developed”.

The girl had run away from foster care, and met her perpetrator in a playground, explaining to him she had no money or food.

The man invited her to his home, where she accepted his invitation for a drink, Daily Beast reports.

The pair had sex — a fact the man denied to authorities, until DNA evidence confirmed his semen was found in her underwear.

When the man was found not guilty, the teenager lodged an appeal. But it was thrown out of court this week after the courtroom was shown footage of the girl’s police interview — which led the court to decide apparently, that the man “could not have known” how old she was due to her developed figure.

 
 

The ruling has drawn international criticism to Sweden’s soft laws on sex with minors. According to The Daily Beast, Sweden requires a defendant must “know” or have “reasonable grounds to believe” the victim is under 15 years old — the nation’s age of consent.

Sadly, a ruling on these grounds is not isolated, with judges all over the world acquitting rapists due to the victim looking beyond their years.

The Daily Beast notes a case in London this year, where a judge accused a 16-year-old girl of “grooming” her 44-year-old teacher, and a Montana trial where a 47-year-old teacher was let off because his 14-year-old victim looked older than her chronological age.

In Australia, some states allow a defense where the accused believed that the minor was above the legal age of consent, which is 16 or 17 in most states.

Executive Officer of the NSW Rape Crisis Centre Karen Willis told Mamamia that while some states had a “subjective measure” to make out this mistaken identity defence, that measure was not strict enough.

“The subjective measures is the defendant just has to say, ‘I thought he or she was up for it, i thought they were over an particular age’,” she said.

The objective test, by contrast, requires the defendant to describe why they thought that person was over the age of consent — and they have to convince a jury that a reasonable person would have drawn the same conclusion.

“They have to show why they were mistaken. If they try to say that they’ve picked up a person in a pub because they believed they were over 18 — well a reasonable person would have checked,” Ms Willis explains. “The licensed premises (excuse) has often been a defence that’s used in a lot of states and territories.”

Ms Willis explains that under Australian law, a person under the relevant state’s age of consent is unable to give consent at all — no matter whether they appear “willing” to have sex.

“So it absolutely doesn’t matter if the 12 or 14-year old is all over the offender, or flashing or wearing provocative clothes, or all of the other excuses that we hear,” she said.

“It’s an adult responsibility not the child’s responsibility to say, ‘that is not appropriate, I’m not going to have sex with you’.”

The Swedish teen’s lawyer, Göran Landerdahl, now intends to take the case to Sweden’s Supreme Court, hoping to highlight the problems associated with the country’s rape laws




what do you think? Do you think these girls need to take accountability when they do things like sneak into bars or lie about their age? I will say that in my late teens and early 20's (before I learnt to 'read' people) I ended up accidentally flirting with minors that had snuck themselves into bars or house parties - but as soon as I realized their age; stopped flirting and walked away - the guy is at fault for not walking away AND for having sex with her - but should he be at fault for not knowing her age? How would you feel if your daughter was assualted but had done something like sneak into a nightclub leading up to the incident? Would you still feel she was a 100% innocent?

Posted by Anonymous on Mar. 16, 2015 at 5:52 AM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-8):
lovemymini
by Emerald Member on Mar. 16, 2015 at 5:56 AM
1 mom liked this
Bullshit law.

Minors that lie about their age should be punished.
Anonymous
by Anonymous 2 on Mar. 16, 2015 at 5:59 AM

I've often felt for young men who are convicted for having sex with a 16 yr old whom they met in a bar.  How'd the bartender not know if she had a fake idea & was very mature looking?  If the bartender didn't know, how was the guy supposed to?  If he asks & she shows him id, what more can he do?  I guess the trick is not to have casual sex, but even some parents or friends don't tell.  Meeting a girl at a playground should have been a clue!  I honestly don't know how to react to this.  

Anonymous
by Anonymous 1 - Original Poster on Mar. 16, 2015 at 6:03 AM

If I saw anyone at the playground (without a kid) I would assume they WERE a kid.

Quoting Anonymous 2:

I've often felt for young men who are convicted for having sex with a 16 yr old whom they met in a bar.  How'd the bartender not know if she had a fake idea & was very mature looking?  If the bartender didn't know, how was the guy supposed to?  If he asks & she shows him id, what more can he do?  I guess the trick is not to have casual sex, but even some parents or friends don't tell.  Meeting a girl at a playground should have been a clue!  I honestly don't know how to react to this.  


Anonymous
by Anonymous 1 - Original Poster on Mar. 16, 2015 at 6:05 AM

Mine would be if she pulled something like this.

Quoting lovemymini: Bullshit law. Minors that lie about their age should be punished.


Anonymous
by Anonymous 3 on Mar. 16, 2015 at 6:12 AM
I'm kind of curious and want to see a picture
Anonymous
by Anonymous 1 - Original Poster on Mar. 16, 2015 at 6:17 AM

Of the girl? Me too - but she's 13 - it's not allowed.

Quoting Anonymous 3: I'm kind of curious and want to see a picture


Anonymous
by Anonymous 3 on Mar. 16, 2015 at 6:26 AM
I know. Still curious though

Quoting Anonymous 1:

Of the girl? Me too - but she's 13 - it's not allowed.

Quoting Anonymous 3: I'm kind of curious and want to see a picture

Anonymous
by Anonymous 2 on Mar. 16, 2015 at 6:40 AM

I would as well.  The fact that he was hanging at the playground would have been a clue to me that there was more to this story.  

Quoting Anonymous 1:

If I saw anyone at the playground (without a kid) I would assume they WERE a kid.

Quoting Anonymous 2:

I've often felt for young men who are convicted for having sex with a 16 yr old whom they met in a bar.  How'd the bartender not know if she had a fake idea & was very mature looking?  If the bartender didn't know, how was the guy supposed to?  If he asks & she shows him id, what more can he do?  I guess the trick is not to have casual sex, but even some parents or friends don't tell.  Meeting a girl at a playground should have been a clue!  I honestly don't know how to react to this.  



Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)