baby DNA big deal, hell she could had used a turkey bastor for all you know..
Defenses to Statutory Rape Charges
Printable View
-
08-21-2007, 11:45 PMAnother DemiseDefenses to Statutory Rape Charges
-
08-21-2007, 11:53 PMcdwjavaRe: Requirements for statutory rape convictionUh ... yeah ... good luck on that one. :rolleyes:Quote:
Quoting Another Demise
I'll bring popcorn when that defense comes out at trial.
In the real world, no one uses that argument because most people conceive children the old-fashioned way. And if she DID use a turkey baster, then she's likely guilty of some other really weird stuff in order to get the ... uh ... material.
- Carl -
08-22-2007, 03:12 AMAnother DemiseRe: Requirements for statutory rape conviction
it ight be as simple as dude 4 gettin to flush lol. Seriously though there are more ways then one to get pregnant and that shouldn't outright end his defense that e diddn't have that sort of contact with her. Based on that logic, someone could get a billioairs sperm from a bank, conceive the child, then claim to have had a relationship with said doner.
-
08-22-2007, 03:39 AMcdwjavaRe: Requirements for statutory rape convictionWell, let's see ... I've been at this for 16 years and have been the lead investigator in a number of similar investigations using DNA and NONE have ever been challenged. Sorry, but court is not about what MIGHT be possible, it is about reasonable doubt.Quote:
Quoting Another Demise
In a case with a random sperm donor, what are the odds that the girl would know the donor? ... about none.
And no such claim has been made here at all.
So, you can keep spinning these unrealistic yarns, or you can return to planet Earth - your call.
- Carl -
08-23-2007, 01:41 AMAnother DemiseRe: Requirements for Statutory Rape Convictiondude its so unexpected its the perfect operation. It could be pulled off. Uh she could have asked him privately, maybe stumbled on it. Maybe a corrupt worker at the sperm bank decided to orgistrate a scam like this to exstort money. I mean I was watchin Montel the otherday where esse nearly went to jail for not paying child support to a child that wasn't his, also the child diddn't exist, ever.. What do you say to that?Quote:
In a case with a random sperm donor, what are the odds that the girl would know the donor? ... about none.
And no such claim has been made here at all.
So, you can keep spinning these unrealistic yarns, or you can return to planet Earth - your call.
And what of the DNA results if the father knows he is a chimara and no one else does? Ten he pulled a fast one on you Lt. Logic.. What if the child was a premey? then the dates dont mean much either.
sublime by the time we are done with this thread the statue of limitations would probally had expired... ;/
My point is just as some ladies get knocked up by ball players on purpose you could pull off the sperm bank scam with the right inside connection, yea its a cockamanie sceme but as someone from California, you'd think you'd get cockamanie things .. -
08-23-2007, 05:23 AMcloudnineRe: Requirements for Statutory Rape ConvictionYou can't be serious...Quote:
Quoting Another Demise
No sperm bank is going to give a 15 YEAR OLD CHILD sperm in the hopes of getting pregnant.
The time from conception to birth is usually around 9 months, and I'm sure people will begin to notice she is pregnant well before then. The SOL is not 9 months. And it's statuTe of limitations! Sorry, I just see "statue of.." so many times it irks me.Quote:
sublime by the time we are done with this thread the statue of limitations would probally had expired... ;/
-
08-23-2007, 05:41 AMjojo4Re: Requirements for Statutory Rape ConvictionWell, since the sperm bank nonsense has already been addressed, I just thought I would point out that a baby being a preemie is pretty dang noticeable, as well. It's pretty easy for the common person to notice the difference between a full term baby (37-42 weeks) and a preemie of say...31 weeks, not to mention a DOCTOR.Quote:
And what of the DNA results if the father knows he is a chimara and no one else does? Ten he pulled a fast one on you Lt. Logic.. What if the child was a premey? then the dates dont mean much either.
Even if a girl forgoes all prenatal medical care, when she is in full blown labor and they ask her how far along she is, I would be seriously impressed if she could gather her wits enough to come up with a plausible lie that will hold up against all physical evidence...even more impressed if she can come up with a lie that will hold up against the actual condition of a baby. Yes, I know of which I speak. I have given birth to 4 children, one of whom was a 4 pound preemie.
Do you have any basic knowledge of biology and reproduction? I KNOW you don't have any understanding of the general topic of unlawful sexual contact. Just stop while you can. Really.:rolleyes: -
08-23-2007, 10:31 AMcdwjavaRe: Defenses to Statutory Rape Charges
Another Demise, the level of proof is to be beyond a "REASONABLE DOUBT". The preposterous schemes you propose do not even come close to the "reasonable" test. If the father in such a case wants to raise this kind of defense, trust me, it'll be on the national news wires within hours because it will be SO sensational.
What COULD have happened and what can be shown to have happened are different matters.
Oh, and yeah, I suppose aliens could have come down, strangers could have transferred the sperm in a bizarre experiment, or the man could be framed by a vindictive ex-girlfriend ... oh, wait, these have been done on Law & Order and the X-Files ... neat TV, but almost unheard of in the real world where the rest of us live.
- Carl -
08-24-2007, 01:52 AMAnother DemiseRe: Defenses to Statutory Rape Chargesi know all too well...Quote:
I KNOW you don't have any understanding of the general topic of unlawful sexual contact. Just stop while you can. Really.
CDW I'd sa you gotta drop this notion that if it doesn't add up its not true.
Maye not with the 15 year old but it could be doe by adults. There are lots of teenage girls who think for w/e zainy reason achild will make them happy.
And what if your prosecutions smoking gun s a lousy DNA test and he is a chimara? then what wouldyou do in the situation? I jus ask out of curiosity, scams are getting very complicated these days you know.
And the SOL was a joke but I wonder what it is in his state. -
08-24-2007, 10:04 AMcdwjavaRe: Defenses to Statutory Rape Charges
Well, when and if such a bizarre defense is raised, it will be evaluated by the court. A defense is not allowed concerning what MIGHT be done unless there is some evidence that it was done in the case at hand. In my entire career I have never heard of any case where the stolen sperm or turkey baster defense has been alleged ... though I did watch an intriguing episode of Law & Order where it was done, though the method was very believable and probably happened somewhere.
Remember, REASONABLE doubt, not ANY doubt. And I venture to guess I have dealt with far more of these cases than you have ... I investigate several of these each year, how about you?
- Carl