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Korean Court: 'Sex With Minor Not Crime If Not Forced'
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Geckoman



Joined: 07 Jun 2007

PostPosted: Wed Jul 01, 2009 6:52 pm    Post subject: Korean Court: 'Sex With Minor Not Crime If Not Forced' Reply with quote

'Sex With Minor Not Crime If Not Forced'
http://www.koreatimes.co.kr/www/news/nation/2009/07/117_47771.html

The girl was obviously victim to statutory rape!

Quote:
The court also found Kim not guilty of violating the laws governing the protection of adolescents, saying, ``They had sex, but she did not demand money and he did not give her money. He provided her with shelter, food and about 20,000 won pocket money, but there is no evidence that the offering was in exchange for sex.�


One reason that the sex was not illegal, according to the court, is because the man didn't pay the girl. But he actually did. She was homeless and he gave her, said the court, "shelter, food and about 20,000 won pocket money."

She didn't have much of a choice. Either starve and live on the street or have sex wit this guy to have food and shelter.

Obviously the girl was exploited and taken advantaged of.

Another outrageous court ruling from Korea. Outrageous rulings happen so often in Korea.
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Darkray16



Joined: 09 Nov 2008

PostPosted: Wed Jul 01, 2009 6:57 pm    Post subject: Reply with quote

I don't think the big issue is whether he paid her or not for sex. It's whether it's possible that the child is mature enough to make a decision like this. That's the reasoning behind the statutory rape law in the States, not whether there was a payment or whether the child was coerced.
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Geckoman



Joined: 07 Jun 2007

PostPosted: Wed Jul 01, 2009 7:01 pm    Post subject: Reply with quote

Darkray16 wrote:
I don't think the big issue is whether he paid her or not for sex. It's whether it's possible that the child is mature enough to make a decision like this. That's the reasoning behind the statutory rape law in the States, not whether there was a payment or whether the child was coerced.


Exactly! That's the way it should be.

Unfortunately in Korea the thinking is not like that.
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Wed Jul 01, 2009 8:05 pm    Post subject: Reply with quote

Here's a tip. Korea is not America.
But if it was America, this would be legal in most states:

Quote:
* age of consent 16: Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia
* age of consent 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New York, Texas
* age of consent 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin, Wyoming.


http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#United_States

Its also legal in Canada, age of consent is 16, and the UK.

http://en.wikipedia.org/wiki/Ages_of_consent_in_Europe#United_Kingdom_.28and_dependencies.29

Most of europe has an age of consent between 14 and 17.
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Zantetsuken



Joined: 21 Dec 2008

PostPosted: Wed Jul 01, 2009 8:11 pm    Post subject: Reply with quote

crossmr wrote:
Here's a tip. Korea is not America.
But if it was America, this would be legal in most states:

Quote:
* age of consent 16: Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia
* age of consent 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New York, Texas
* age of consent 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin, Wyoming.


http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#United_States

Its also legal in Canada, age of consent is 16, and the UK.

http://en.wikipedia.org/wiki/Ages_of_consent_in_Europe#United_Kingdom_.28and_dependencies.29

Most of europe has an age of consent between 14 and 17.


다다다다 crossmr to the rescue!!!!!!!!!!!!! 우리나라 thanks you Smile
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Passions



Joined: 31 May 2006

PostPosted: Wed Jul 01, 2009 10:54 pm    Post subject: Reply with quote

crossmr wrote:
Here's a tip. Korea is not America.
But if it was America, this would be legal in most states:

Quote:
* age of consent 16: Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia
* age of consent 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New York, Texas
* age of consent 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin, Wyoming.


http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#United_States

Its also legal in Canada, age of consent is 16, and the UK.

http://en.wikipedia.org/wiki/Ages_of_consent_in_Europe#United_Kingdom_.28and_dependencies.29

Most of europe has an age of consent between 14 and 17.


Geckoman gets PWN3D!!!!!!!!!
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waseige1



Joined: 09 Oct 2008

PostPosted: Thu Jul 02, 2009 4:49 am    Post subject: WOW.... Reply with quote

Per the article....


In Korea, a person is not guilty of any crime for having sex with a minor aged 13 and over unless it is paid for or forced. Sex with those under the age of 13 is punishable even if it is carried out under mutual consent.

Age 13 consent???????????????????
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Beeyee



Joined: 29 May 2007

PostPosted: Thu Jul 02, 2009 5:25 am    Post subject: Re: WOW.... Reply with quote

waseige1 wrote:

Age 13 consent???????????????????


'Tis true.
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kabrams



Joined: 15 Mar 2008
Location: your Dad's house

PostPosted: Thu Jul 02, 2009 5:40 am    Post subject: Reply with quote

crossmr wrote:
Here's a tip. Korea is not America.
But if it was America, this would be legal in most states:

Quote:
* age of consent 16: Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia
* age of consent 17: Colorado, Illinois, Louisiana, Missouri, Nebraska, New York, Texas
* age of consent 18: Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin, Wyoming.


http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#United_States

Its also legal in Canada, age of consent is 16, and the UK.

http://en.wikipedia.org/wiki/Ages_of_consent_in_Europe#United_Kingdom_.28and_dependencies.29

Most of europe has an age of consent between 14 and 17.


The age of consent (at least in the US) it's not that simple.

The age of consent (16-18 and even 12-15 in some instances!) depends on the age, gender, influence and even the sexual act being performed, hahaha.

So he could very well go to jail for statutory rape in many states, especially if you consider whether or not he held authority over her.

The laws need to be rewritten, IMO.
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Thu Jul 02, 2009 1:43 pm    Post subject: Reply with quote

kabrams wrote:


The age of consent (at least in the US) it's not that simple.

The age of consent (16-18 and even 12-15 in some instances!) depends on the age, gender, influence and even the sexual act being performed, hahaha.

So he could very well go to jail for statutory rape in many states, especially if you consider whether or not he held authority over her.

The laws need to be rewritten, IMO.

He's male and she's female. So the gender is a non-issue here. The sexual offences act of 2003 spells out what a position of trust is, and I don't see this particular relationship listed there:
http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=820904
I skimmed it, but most of what they were listing were people holding specific jobs or being in specific court appointed roles. Unless you've got some evidence or specific law from the UK, I don't see this being illegal in the UK. So yes, this would have been legal in the UK, Canada, over half the states, a lot of europe, etc. Sorry you'll have to find something else to slam korea over. I do think the age of 13 should be raised though. But frankly that is up to Korea. Canada's was 14 only until last year, and there are several countries in Europe which also have it at 14, so even if they were to reconsider it and raise it all of 1 year to 14, who are we to judge it? if we say Korea is wrong than dozens of countries are apparently wrong.
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oldtactics



Joined: 18 Oct 2008

PostPosted: Thu Jul 02, 2009 4:30 pm    Post subject: Reply with quote

When I was 13 I was fully aware of what sex was and would have understood what was happening if someone had sex with me. People don't give young teens enough credit, they're not idiots.
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fermentation



Joined: 22 Jun 2009

PostPosted: Thu Jul 02, 2009 4:47 pm    Post subject: Reply with quote

oldtactics wrote:
When I was 13 I was fully aware of what sex was and would have understood what was happening if someone had sex with me. People don't give young teens enough credit, they're not idiots.


You got laid when you were 13?
Lucky bastard.
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waseige1



Joined: 09 Oct 2008

PostPosted: Thu Jul 02, 2009 5:06 pm    Post subject: C'mon... Reply with quote

oldtactics wrote:
When I was 13 I was fully aware of what sex was and would have understood what was happening if someone had sex with me. People don't give young teens enough credit, they're not idiots.


Say that when someone has sex with your 13 year old child.
THEY ARE BABIES !!!!!!!!!!!!
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mack the knife



Joined: 16 Jan 2003
Location: standing right behind you...

PostPosted: Thu Jul 02, 2009 8:21 pm    Post subject: Reply with quote

Your sixth grade students are 13 (Korean age), 12 or younger by western standards. Now you start to see the wrong-headedness of the ruling?

Have you ever seen them outside of school? In school, the kids seem bigger because they're grouped up and it skewers one's perception. When you see them with their folks at the grocery store or theater or whatever, they're just little snot-nosed kids.

I'm not sure one can put a value on the absolute "appropriate" age of consent. Perhaps there is no such thing, but 13 in Korea is rape, pure and simple, whether or not the girl was "willing."
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Jul 02, 2009 9:53 pm    Post subject: Reply with quote

mack the knife wrote:
Your sixth grade students are 13 (Korean age), 12 or younger by western standards. Now you start to see the wrong-headedness of the ruling?


One more time, for those who've missed it in the multiple threads on this topic:

AGE FOR LEGAL ISSUES IN THE REPUBLIC OF KOREA IS DETERMINED BY THE CALENDAR AGE ALSO KNOWN AS "WESTERN AGE" OR "AMERICAN AGE."
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