Korean Job Discussion Forums

[Abe Scrap]

In a statutory rape case, Texas court is actually considering to allow the defense to claim that, by really believing a minor was 17, the accused did not have the mens rea necessary for him to be guilty. Such consideration has ben a long time coming.

Ironically, the male judge on the Court of Appeals is concerned with protecting females, while the two female judges are concerned about the lack of protection for males.

Defense for the Unwitting?

What if you really did think she was 17?

By Jordan Smith, Fri., April 15, 2011

..At issue is whether a state statute pertaining to sexual assault of a child is unconstitutional because it does not require the state to prove a defendant's culpable mental state � that is, a defendant's knowledge of whether the alleged victim was a minor � neither does it allow for an affirmative defense based on the defendant's belief that the relationship was with an adult (that is, in Texas, at least 17 years old).

Mark Alexander Fleming was 24...when he began a relationship with Kari Minesinger. Minesinger...told him she'd gotten his number from a friend at a bar. She was 22, he said she told him. He checked out her Facebook and MySpace pages, which seemed to confirm her story: She represented herself as a University of North Texas student seeking a degree in criminal justice. The two communicated by phone for a couple of weeks before going on a first date. He took her home around midnight; when asked if she had a roommate, she allegedly told him that her mother and stepfather were living with her because the couple had "lost their house." After a second date, Minesinger spent the night with Fleming; in the morning the couple had sex...As the relationship went on, two of Fleming's friends were also convinced that Minesinger was of age. As such, it came as quite a surprise when Fleming was arrested and charged with sexual assault of a minor. As it turned out, she was just 14...

Fleming challenged the charges, arguing that the state should have to prove that he intended to have sex with a minor, or that he should at least be allowed to present evidence that Minesinger intended to deceive him into believing she was an adult. The court rejected his challenge. Fleming pleaded "no contest" to the charges and was ultimately sentenced to 10 years probation � ironically, that sentence isn't allowable under the statute, but was agreed to by prosecutors after a member of Fleming's jury came forward to tell the court that his son had also had a "dating" relationship with Minesinger. ... Last week the CCA heard the case. Fleming's attorney Richard Glad�den argued that the statute as written, without a protection for the defendant � either by having the state prove culpability or by allowing a so-called mistake-of-fact defense � violates due process and, in fact, is out of step with federal law, which generally requires proof of a culpable mental state for a similar prosecution.

... Johnson noted that some adolescent girls appear much older and are able to obtain fake IDs to "prove" their age. If the law is meant to protect these underage girls, she asked, "what about protecting [our] boys?"

Cochran noted that a Kaiser Family Foun�dation study revealed that more than half of all females have had a sexual experience by the age of 17. If that's the case, she wondered aloud what the statute actually accomplishes...

[nw25th]

that stupid little girl should be thrown in jail

[Kuros]

The law is strict liability.

Abe Scrap, you are asking the Court of Appeals to overturn law enacted by the legislature. Absent Constitutional restrictions, which do not apply here, that is something it cannot do.

[Abe Scrap]

[caniff]

Your new username is like a word jumble. I came up with "rape scab" but I'm sure there must be countless other possibilities.

[Abe Scrap]

[sirius black]

Its a shame. It could happen to any of us, especially in Korea where EVERYONE under 30 looks young.

If a guy makes a reasonable effort to verify the age and the girl lies by furnishing a fake ID and her internet page relfects she is of age and a guy can still go to jail then its a bad law.

Then there are the social (and employment) repurcussions of having to register as a sex offender where ever you live.

If that happened to me I'd have to leave the country and start over some where else.

When I was in college, the local HS girls would routinely go the frat parties on campus and pass themselves off as coeds.

[Porksta]

I like "rape cabs".

[caniff]

Abe's crap?

[Abe Scrap]

You can be sure my next nic will be different.

[caniff]

[Enrico Palazzo]