How to Repeal Strict Liability for Statutory Rape

[Astrodude]

The eighth amendment issue is the best way to go, given that sex-offender registries are recent and were only intended for threatening predators. Since someone who lacks mens rea and is defrauded into committing a strict liability offense is inherently not predatory, life-imprisonment via sex-offender registration needs is excessive and cruel. Also, since the registry doesn't address whether or not the offender was defrauded into the offense, it's suggesting to the public that all offenders have mens rea so it's defamatory.

The question is whether the courts are a better avenue than the legislature.

[cbg]

Well, when you figure it out, don't call us, we'll call you.

[jk]

The question is whether the courts are a better avenue than the legislature.

so, what happened? All your supporters with the connections laugh at you? Did the pro ball player tell you to get lost?

Sure seems like you were all set to have this changed this year. What happened?

[cdwjava]

In CA unlawful sexual intercourse (aka "statutory" rape) per PC 261.5 is already a non-registerable offense as it implies the act was of a consensual nature.

And in all my years working juvenile crimes, I have yet to ever come across a credible claim of lack of knowledge of age. I am sure there are a few, but ... really ... most these guys DO have at least some idea that their partner is over or under the legal age - it's not rocket science.

But, Astrodude is free to continue his crusade as he sees fit. I'd probably dedicate that energy towards something a little more useful for society at large, but clearly this is personal to him - hence the passion.

[Astrodude]

[QUOTE=cdwjava;647953

But, Astrodude is free to continue his crusade as he sees fit. I'd probably dedicate that energy towards something a little more useful for society at large, but clearly this is personal to him - hence the passion.[/QUOTE]

If you had friends or family on the registry, you'd feel the same way I do.

[jk]

If you had friends or family on the registry, you'd feel the same way I do.

I do have friends on the registry. One was because he had sex with a girl that was a few months younger than he was. He was 16. She was 15. No romeo exceptions. I also know of somebody that is actually 100% innocent that is on the registry. He did nothing with the child he was charged with raping. That's another story altogether but it is the truth. I know the situation well enough to know the truth.

Even with that, I do not agree with you.

[cdwjava]

If you had friends or family on the registry, you'd feel the same way I do.

If they were on the registry in CA then they almost certainly committed a predatory act that got them there. Oh, and I do have a friend (aged 20) who is soon to be on the list, but he got there because he was stupid, couldn't keep it in his pants, and he KNEW that the girl was UNDER 14.

As I said, just having consensual relations with a minor age 14 or over is not going to get you on the list.

In 20 years I have yet to ever work a case or hear of one first or second hand that involved a truly credible claim that the defendant was the victim of some sort of age conspiracy. When the claim has been made it has been more a case of "If I don't ask, I won't know" than any sort of fraud. And, as a note, I have worked juvenile crimes for more than half of my career.

[Astrodude]

If they were on the registry in CA then they almost certainly committed a predatory act that got them there. Oh, and I do have a friend (aged 20) who is soon to be on the list, but he got there because he was stupid, couldn't keep it in his pants, and he KNEW that the girl was UNDER 14.

As I said, just having consensual relations with a minor age 14 or over is not going to get you on the list.

Then California is probably a better state than most on this issue.

[viol8te]

10 pages and this guy is still at it? I love the Freedom of Speech, but seriously?

Dude, get some progress on this thing. Show some results on your quest to legalize predatory rape. Then, you can fill everybody in on what magic you've been able to spin that no other molester on earth has been able to pull off. Until then, sign off.

[cbg]

Better yet, take a long walk off a short pier. We don't give a damn about your cause and would be perfectly happy if we never heard from you again.

Seriously, dude. Go away. For real.