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Crime The Courts

Harshest Penalty for Alleged Rapist Was For Using a Computer To Arrange Contact With Teen 265

An anonymous reader writes: Today in a nationally publicized case, an alleged rapist from a fairly elite boarding school was convicted of a number of related misdemeanors, but the jury did not find him guilty of rape. According to the New York Times, his lone felony conviction was "using a computer to lure a minor." In effect, a criminal was convicted of multiple misdemeanors, including sexual penetration of a child, but the biggest penalty he faces is a felony record and years in jail because he used a computer to contact the child, rather than picking her up at a coffee shop, meeting her at a party, or hiring a fifteen-year-old prostitute. Prosecutors have these "using a computer" charges as an additional quiver in their bow, but should we really be making it a felony to use a computer for non-computer-related crime when there is no underlying felony conviction?
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Harshest Penalty for Alleged Rapist Was For Using a Computer To Arrange Contact With Teen

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  • by Narcocide ( 102829 ) on Friday August 28, 2015 @07:13PM (#50413353) Homepage

    ... unless of course you're terrified of computers and networks, view them as tantamount to witchcraft, don't understand them, and hate and fear anyone who does. Then of course, by all means, grab your torch and pitchfork. The rest of the loonies will be waiting in the town square at midnight.

    • by rtb61 ( 674572 )

      Not really so funny. Yes, failed jock strap bully law enforcement types are really jealous of computer geeks and nerds and do hate them, this includes all those scammy ignorant politicians. So those laws were written to up scale what should be a misdemeanours as full felonies as an act of revenge for 'er' 'um' computer geeks and nerds being so, so much better at learning and doing it so easily. So you end up with greater penalties for DDOS some corporation temporarily than sticking a gun in some ones face

    • Re:No, obviously (Score:4, Interesting)

      by Jane Q. Public ( 1010737 ) on Friday August 28, 2015 @11:26PM (#50414191)

      unless of course you're terrified of computers and networks, view them as tantamount to witchcraft, don't understand them, and hate and fear anyone who does. Then of course, by all means, grab your torch and pitchfork. The rest of the loonies will be waiting in the town square at midnight.

      It's the whole "enhancement" idea in the law that is just so much hogwash.

      Why was the crime "worse" because a computer was used? Did the victim suffer more? Was there more physical damage?

      In the same vein, why does an armed robbery in many states carry an "enhanced" sentence, or even become a different crime, because a gun was used? Would a crossbow or a big knife have been any different? They're all deadly weapons.

      "Enhancements" like these are an expression of fear and attempted control. It's not a matter of justice, it's a matter of trying to control people. Plain and simple.

      • by piojo ( 995934 )

        Why was the crime "worse" because a computer was used? Did the victim suffer more? Was there more physical damage?

        In the same vein, why does an armed robbery in many states carry an "enhanced" sentence, or even become a different crime, because a gun was used?

        Yes, that should be obvious. A gun causes more suffering. You will have nightmares about it. Every time you remember it, your heart will race and you will start to sweat. A strong man's fist is a deadly weapon. You're telling me a fighter waving his fist in your face will traumatize you equally compared to a gun under your nose? Come on.

    • unless of course you're terrified of computers and networks, view them as tantamount to witchcraft, don't understand them, and hate and fear anyone who does.

      This is the way the world works. The 50+ generation grew up in a world without computers. The 30+ generation grew up during the transition to widespread computer use. And anyone younger grew up when computers were ubiquitous.

      As long as those (currently) 50+ people are alive, these laws will probably stay in the books for the reasons you cite. As

  • Three Felonies a Day (Score:5, Interesting)

    by Tokolosh ( 1256448 ) on Friday August 28, 2015 @07:18PM (#50413371)

    Read "Three Felonies a Day" by Harvey Silverglate to understand the fed's rationale. The ends justify the means. After all, Capone ended up in Alcatraz for tax evasion. The book is sickening reading.

    http://www.harveysilverglate.c... [harveysilverglate.com]
    http://www.threefeloniesaday.c... [threefeloniesaday.com]
    http://www.amazon.com/Three-Fe... [amazon.com]

    None of this excuses the youngster's behavior.

  • by pr0t0 ( 216378 ) on Friday August 28, 2015 @07:19PM (#50413375)

    "...another quiver in their bow"

    They fire quivers with a bow? I believe the phrase you were looking for was "another arrow in their quiver". Probably a good idea to submit anonymously.

  • expunged, too, i'll bet.
  • All bullshit (Score:5, Insightful)

    by Anonymous Coward on Friday August 28, 2015 @07:26PM (#50413417)

    He was 17, she was 15 when the sex occurred. He didn't rape her. She regretted it afterwards, and either cried rape or was forced to cry rape by her parents.

    If all the upperclassmen that had sex with underclassmen at my former high school were jailed, probably a third of the school would be behind bars. This is fucking ridiculous.

    • Re:All bullshit (Score:5, Interesting)

      by trout007 ( 975317 ) on Friday August 28, 2015 @07:54PM (#50413511)

      What is interesting is a few years earlier they could legally have sex. Then for a couple of years it's a felony. Then it's legal again.

      • Re:All bullshit (Score:5, Informative)

        by Firethorn ( 177587 ) on Friday August 28, 2015 @09:08PM (#50413811) Homepage Journal

        What is interesting is a few years earlier they could legally have sex. Then for a couple of years it's a felony. Then it's legal again.

        Incorrect, barring any recent legal changes in the State of New Hampshire. [state.nh.us]

        Felonious Sexual Assault: II. Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more; or
        If he was 17 and her 15, that's only two years, well within NH's 4 year 'R&J' exemption. Indeed, by the way the statute is constructed, once legal they're always legal.

        Though the second article says 18 and 15, but even at 3 years and change it shouldn't have triggered statutory rape charges by the letter of NH law.

        Lacking statutory rape, they'd have go go for 'actual' rape charges, IE it was against her will, and browsing news articles, that's what they did. They simply failed to make that case.

    • by murdocj ( 543661 )

      Isn't 15 underage? Why isn't it just plain statutory rape?

      • Isn't 15 underage? Why isn't it just plain statutory rape?

        It was statutory rape. They sued for regular rape hoping to send him to jail for longer.

      • Re:All bullshit (Score:5, Informative)

        by Joe Gillian ( 3683399 ) on Friday August 28, 2015 @08:20PM (#50413625)

        It's not plain statutory rape because New Hampshire, like a lot of states, has revised their statutory rape law to prevent people from being charged in cases where both parties involved are minors. There's usually a limit as to how far apart in age the two parties can be, but generally two minors having sex is not statutory rape in states that have revised their laws.

    • And how do you know this? Or are you another of those who think that guys never lie but girls always do?

      • by HiThere ( 15173 )

        To be fair, girls have more reason to lie afterwards than boys do. I would guess that they deny having been willing much more often than boys do, whether or not the population sampled was willing.

        That said, in a "he said, she said" argument, you shouldn't believe either of them. You need additional evidence. Which is what the jury decided.

        • Re:All bullshit (Score:4, Insightful)

          by Rei ( 128717 ) on Friday August 28, 2015 @09:57PM (#50413957) Homepage

          Where I live, there's pretty much no sexual shame for a woman to have sex, which eliminates the concept of this argument. Yet rape rates are still very high.

          And seriously, I simply cannot comprehend this logic. The (incredibly common) logic used by people like you is based on the following premises:

          1) The concept that a woman had sex is shameful
          2) The concept of going down to a police station, telling them that you were raped, having strangers probe you, having the media cover your sex life, getting countless threats and personal attacks and people calling you a liar and a slut, etc, all for what everyone knows is a pitifully tiny chance of getting a conviction (wherein even more calls of "liar" and "slut" will be fielded), is totally easy and totally not shameful.

          I mean, WTF people?

          • by HiThere ( 15173 )

            1) you're assuming that the argument is based on shame. My actual argument was based on potential economic cost. The shame concept could work either way. (It can be pretty expensive to raise a kid, though. And not only in direct costs.)

            2) you're assuming that I'm contemplating only official complaints. I have a very hard time imagining a teen going to the police and saying she was raped unless coerced by her family.

            That said, I still expect that the official claim of rape would be quite rare wrt even a

          • because there are many sexists and misogynists on slashdot, and in life

            there is such a thing as false charges of rape. but actual rape greatly outnumbers false charges of rape

            but hear it according to the prejudices of sexist people, such as many comments here, and the discussion is immediately about fake rape charges. there is no thought or consideration to the more likely possibility the girl was actually raped. because that possibility goes against their misogyny. they have to reinforce their hate. so all

          • Re:All bullshit (Score:5, Informative)

            by Raenex ( 947668 ) on Saturday August 29, 2015 @01:36AM (#50414427)

            http://nypost.com/2009/09/18/t... [nypost.com]

            Danmell Ndonye, 18, who had accused five men of gang rape, admitted the truth only when prosecutors confronted her after learning of a cellphone video that captured the whole sordid episode and showed she had willingly participated, officials said.

            She created her outlandish tale when her boyfriend, a Hofstra student whoâ(TM)s been dating her since the semester began a few weeks ago, demanded to know where she had disappeared after a wild frat party early Sunday.

            http://www.huffingtonpost.com/... [huffingtonpost.com]

            On advice from his lawyer, Banks had pleaded no contest to raping his childhood friend on campus 10 years ago, reports the Associated Press. He served five years in prison for a rape he didn't commit, and then spent the next five years on parole.

            To his surprise, Banks received a Facebook friend request from Gibson after he got out of prison. During their first meet-up, Gibson confessed that she faked the rape accusation and expressed a desire to help him. It was music to Banks' ears -- except for the fact that she didn't want to face prosecutors with the truth for fear she would have to return settlement money her mother had won from the school.

          • Where I live, there's pretty much no sexual shame for a woman to have sex, which eliminates the concept of this argument.

            It hasn't eliminated anything, there is nowhere on this planet (outside a 1970's hippie commune) where a 15yo girl can have sex whenever she wants, with whoever she wants....AND....still have nothing to hide because all the parents are cool with it.

            Disclaimer: I make no claims about this case in particular but at the end of the day, some males are violent arseholes, some females are manipulative arseholes. Violent aresholes ruin lives, manipulate arseholes ruin lives. It's not, as Feminists and MRA's wou

    • Re:All bullshit (Score:5, Informative)

      by Theaetetus ( 590071 ) <theaetetus,slashdot&gmail,com> on Friday August 28, 2015 @10:41PM (#50414081) Homepage Journal

      He was 17, she was 15 when the sex occurred. He didn't rape her. She regretted it afterwards, and either cried rape or was forced to cry rape by her parents.

      18, not 17. It's in the article:

      But at its core, the case was about an intimate encounter last year between a 15-year-old girl and an 18-year-old acquaintance, and whether she consented as it escalated.

      And he was convicted because his story wasn't credible. He (now) claims he suddenly saw the light, seconds before penetrating her. And yet, for days afterwards she was texting him to ask whether he used a condom, and she went to a pharmacist for emergency contraception. Are those the actions of someone who wasn't penetrated? Add to that the fact that he repeatedly changed his story, and it's very easy to see why a jury didn't believe him.

      And yet, despite all that, they didn't convict of rape. So you're right on that count, Anon. So why all your crying and attacking the victim?

    • He was 17, she was 15 when the sex occurred. He didn't rape her. She regretted it afterwards, and either cried rape or was forced to cry rape by her parents.

      We've got a clairvoyant on our hands! Quick! Someone call James Randi!

    • Re:All bullshit (Score:5, Informative)

      by nbauman ( 624611 ) on Saturday August 29, 2015 @12:49AM (#50414367) Homepage Journal

      He was 17, she was 15 when the sex occurred. He didn't rape her. She regretted it afterwards, and either cried rape or was forced to cry rape by her parents.

      If all the upperclassmen that had sex with underclassmen at my former high school were jailed, probably a third of the school would be behind bars. This is fucking ridiculous.

      The facts support you on this.

      Half the population had sex by age 17. Are we going to put half the population in jail for having sex with the other half?

      http://www.kinseyinstitute.org... [kinseyinstitute.org]
      Percent of population having had first intercourse, by age
      Males Females
      25% by age 15 26% by age 15
      37% by age 16 40% by age 16
      46% by age 17 49% by age 17
      62% by age 18 70% by age 18
      69% by age 19 77% by age 19
      85% by age 20-21 81% by age 20-21
      89% by age 22-24 92% by age 22-24

      • The question is not about how many people have had sex by age 18 (or 16), but whether this is really consensual sex in the first place.

        While I agree that jail time is almost certainly counterproductive, I completely disagree with the premise that early-age sex is either psychologically or physically healthy behavior. Further, it really is rare that young women are engaging in a fully consensual manner. They may "want" to have sex as a way of "proving maturity," or to be part of the cool crowd, but that's

        • by nbauman ( 624611 )

          The question is not about how many people have had sex by age 18 (or 16), but whether this is really consensual sex in the first place.

          While I agree that jail time is almost certainly counterproductive, I completely disagree with the premise that early-age sex is either psychologically or physically healthy behavior. Further, it really is rare that young women are engaging in a fully consensual manner. They may "want" to have sex as a way of "proving maturity," or to be part of the cool crowd, but that's a poor definition of 'consensual.'

          A certain overly randy POTUS fired a very well-spoken Surgeon General who had the nerve to suggest that teens would be far better off both physically and mentally if they engaged in autoeroticism. High time we accepted that position and did whatever we can to reduce the societal pressures to have early sex.

          The question is not about how many people have had sex by age 18 (or 16), but whether this is really consensual sex in the first place.

          While I agree that jail time is almost certainly counterproductive, I completely disagree with the premise that early-age sex is either psychologically or physically healthy behavior. Further, it really is rare that young women are engaging in a fully consensual manner. They may "want" to have sex as a way of "proving maturity," or to be part of the cool crowd, but that's a poor definition of 'consensual.'

          Claiming that sex under the age of 17 or 16 is by definition "not consensual" is handing prosecutors a free pass to torment, harass, convict and jail half the teenage population at their total unaccountable discretion.

          Sex, starting in the early teenage years, is a normal part of human development. Most of the research that claims that teenage sex is harmful is done by right-wing religious organizations like the Heritage Foundation, who have a long track record of being anti-science. This is global warming f

    • by dbIII ( 701233 )

      she was 15 when the sex occurred

      Just about anywhere that's enough to get charged as if consent is not given, because for a variety of good reasons technically it is not. Fucking kids (who often don't know any better and are often easily convinced) is a bad idea and society reacts to it.
      As for your school - the situation is out of control not the law.

  • News at 11 (Score:5, Insightful)

    by CrashNBrn ( 1143981 ) on Friday August 28, 2015 @07:31PM (#50413433)
    17-18yo almost has sex with 14-15yo. Faces 6+ years in prison, and must register as a sex offender... as he facilitated the action over a computer.
  • Bogus Nonsense (Score:5, Insightful)

    by JustAnotherOldGuy ( 4145623 ) on Friday August 28, 2015 @08:14PM (#50413595) Journal

    Does anyone feel safer now that this kid has been prosecuted and faces years in prison, basically for using a computer to contact this girl?

    Has this prosecution done any real "good" for anyone, anywhere?

    Has anyone been saved, rescued, or protected? Have any crimes been prevented?

    "No" to all of the above.

    • by murdocj ( 543661 )

      Given that the guy committed statutory rape, yeah, this was good. By the way, the meaning of being below the age of consent is that the girl in question COULD NOT CONSENT.

      • by nbauman ( 624611 )

        Given that the guy committed statutory rape, yeah, this was good. By the way, the meaning of being below the age of consent is that the girl in question COULD NOT CONSENT.

        You are denouncing normal human sexuality. Prosecutors are putting boys in jail for exercising normal human adolescent sexual activity.

        26% of females have intercourse by age 15.

        http://www.kinseyinstitute.org... [kinseyinstitute.org]

        What are you going to do? Put half the teenage boys in jail?

        You really ought to think through your COULD NOT CONSENT. It makes no sense.

      • by sjames ( 1099 )

        Actually, he did not. He was within 4 years of her age.

  • Personally, I think that the term 'felony' has lost too much of it's meaning. Back in the day, it was used to describe a crime where the death penalty could be used.

    Today, it's generally used to describe anything that could be punished by a year or more in prison. Not that you are, just that you could me.

    Personally, I'd change it up slightly. It wouldn't be a felony UNLESS you are actually sentenced and serve a complete year in prison for it.

    I thought about having a fine equivalent - something like $12k,

    • by dryeo ( 100693 )

      Felonies are a Mid-Evil concept that every country (excepting America and Nigeria) in the world got rid of, generally in the 19th century. The idea of having a class of citizens who permanently have their rights infringed perhaps made sense in a feudal society when things like inheritance were important.
      Now a days, a Judge sentences you, once the sentence is finished, the person should be able to rejoin society.
      Where I live, a Judge has to remove your privilege of owning firearms, and they only do it if you

  • If I want to have sex with a woman, it's not because I feel entitled to her body, it's because I want to have sex with her. There's no conscious "engage the patriarchy" moment, it's a purely instinctual thing.

    • by nbauman ( 624611 )

      If I want to have sex with a woman, it's not because I feel entitled to her body, it's because I want to have sex with her. There's no conscious "engage the patriarchy" moment, it's a purely instinctual thing.

      Oh, come on. Don't you want to suppress women? That way we can hire them for less money and they won't complain about cleaning up the bathroom.

  • Already saw this on nambla news.

  • by PPH ( 736903 ) on Friday August 28, 2015 @11:04PM (#50414135)

    ... "Hey baby. Wanna see my hard drive?" is off my pickup line list.

  • 15 is a legal age in many European countries, for example Poland.

Suggest you just sit there and wait till life gets easier.

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