Statutory

Gidget · Post by **Gidget** » Mon Jun 11, 2007 4:40 am

Sorry if this was mentioned already, but I realized that if Jonas and Bree did indeed sleep together it would be statutory rape. Jonas is 19 and Bree is 17.

The creators have mentioned statutory rape in the video "Entertaining Myself"

Sarah: Does he know that he can get arrested in like fifty states for even touching you?
Taylor: He's only seventeen, he won't be eighteen for like, two months.

So yeah. Thats some legal no no there.
Hopefully this is a line that was not crossed.

deagol · Post by **deagol** » Mon Jun 11, 2007 5:07 am

Maybe they're back in Nevada...

Killthesmiley · Post by **Killthesmiley** » Mon Jun 11, 2007 7:12 am

Isn't the age down there 16 for stat?

archangelica · Post by **archangelica** » Mon Jun 11, 2007 9:58 am

California has really weird statutory rape laws. I think I remember that it is illegal for minors to have sex with each other as well.

And I'm not too certain that the penalties for statutory rape in California are very impressive, at all.

rupaZer0 · Post by **rupaZer0** » Mon Jun 11, 2007 10:14 am

Is statutory rape law ever enforced when the age difference is so low? I mean, it's not like he's an actual perv who preys on young girls. They're good friends who are about the same age who have been getting closer for the past few months. There's clearly no crime here.

I've always found this a tricky subject. Every now and then, the law is going to have its failings - it's important that the age of consent line is drawn somewhere, but that doesn't mean we have to be pedantic about it, right?

Skunkwaffle · Post by **Skunkwaffle** » Mon Jun 11, 2007 10:51 am

I could be wrong here, but I believe there is some kind of provision for just this situation. Something along the lines of: if the age difference is 4 years or less, then it's okay, even if one is under the legal age and one is over.

Languorous Lass · Post by **Languorous Lass** » Mon Jun 11, 2007 11:00 am

Skunkwaffle wrote:I could be wrong here, but I believe there is some kind of provision for just this situation. Something along the lines of: if the age difference is 4 years or less, then it's okay, even if one is under the legal age and one is over.

In California? Or in New York?

Statutory rape is covered by state law. Which means that the requirements differ from state to state.

kellylen · Post by **kellylen** » Mon Jun 11, 2007 11:03 am

sat rape differs from state to state. I know in NJ it is under 16 and over 18 or with a 3 year different. so if you are 17 and the person is 20 it is still sat rape.

Killthesmiley · Post by **Killthesmiley** » Mon Jun 11, 2007 11:36 am

well they just released someone from jail that is under the same circumstances stating habious corpus (did i spell that right Lass??????)

Languorous Lass · Post by **Languorous Lass** » Mon Jun 11, 2007 11:42 am

Killthesmiley wrote:well they just released someone from jail that is under the same circumstances stating habious corpus (did i spell that right Lass??????)

It's "habeus corpus," actually. But I'm impressed you even knew the term.

And I'm not sure what you're saying, Kelly. Somebody just got let out of jail? What state was that in?

nicole_x · Post by **nicole_x** » Mon Jun 11, 2007 11:46 am

It's Habeas Corpus, luv.

Do you know if it was ad subjiciendum?

Laurin_B · Post by **Laurin_B** » Mon Jun 11, 2007 12:02 pm

Ok. Apparently, there is no acceptable difference clause in the CA stat rape law. Anyone having sex with a minor can be prosecuted. However, it's only a misdemeanor if there age difference is less than 3 years. Anything more can be a felony.

While I'm personally so pleased that everyone is concerned for Bree's well-being, I hope this issue can be over now. It's pretty obvious that no one was coerced here.

Plus, aren't there more important things to consider? Like, when is Bree going to stop being a run-away addict?

BrightSilence · Post by **BrightSilence** » Mon Jun 11, 2007 12:04 pm

I know the law here in the Netherlands is you are allowed to have sex when you are either older than 18 or your partner is and the age difference is at most 2 years. So 16 would be legal if you have sex with an 18 year old.

However, when you do have sex with a minor that is more than 2 years younger someone has to protest and file a complaint. That person can ofcourse be the minor or his/her parents. I'm not quite sure if it can be a stranger aswell. I think they at least need to have prove that they know the minor...

kellylen · Post by **kellylen** » Mon Jun 11, 2007 12:05 pm

you dont need to be coerced though for it to be sat rape. even if both sides are consentual it is considered it

Languorous Lass · Post by **Languorous Lass** » Mon Jun 11, 2007 12:14 pm

nicole_x wrote:It's Habeas Corpus, luv.

I knew I should have looked it up in the dictionary.

Let this be a lesson to all of you.