Finally, a publicized challenge to sex offender registry laws!

Discussion in 'Politics, Religion, Social Issues' started by XnavxeMiyyep, Nov 24, 2008.

  1. XnavxeMiyyep macrumors 65816

    XnavxeMiyyep

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    #1
  2. leekohler macrumors G5

    leekohler

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    #2
    That is so ridiculous! I thought sodomy laws were abolished by the Supreme Court! She should be able to argue on those grounds too.
     
  3. CalBoy macrumors 604

    CalBoy

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    #3
    Maybe if Georgia actually focused on real sexual predators instead of horny teenagers the law would actually work. :rolleyes:

    And Lee, I had the exact same thought about sodomy. I'm pretty sure it was declared unconstitutional to ban it long before the Lawrence case for straight couples.
     
  4. kavika411 macrumors 6502a

    kavika411

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    #4
    (1) I am likewise against sex offender registry laws.
    (2) I can't currently think of any sexual act - sodomy or otherwise - that should be outlawed when engaged in consensually.
    (3) I am in favor of strongly increasing punishment for non-consensual sexual crimes.
    (4) I struggle with where to draw the line for a person to be too young to have been able to give consent.
     
  5. iBlue macrumors Core

    iBlue

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    #5
    Whoa, whoa, whoa. So this woman is on a sex offender registry for life for blowing her boyfriend when they were both in high school and having anal sex? That's ridiculous.

    Sex Offender registries are great when the people on them have actually committed sex offenses.
     
  6. squeeks macrumors 68040

    squeeks

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    #6
    completly agree

    just one question reguarding the story...how did she get caught?? Maybe she bite him and he turned her in:eek:
     
  7. gilkisson macrumors 65816

    gilkisson

    #7
    It's worse than you think. If I recall correctly, the law in Georgia defined "sodomy" as any "non-standard" sexual act. Basically, if it ain't boy-on-girl missionary, it's sodomy. For decades, even things made of latex, take batteries, or inflate, were illegal. I beach ball was legal, unless it looked like Chasey Lane. Then it was bad.

    I thought that law was repealed, like 10 years ago...?
     
  8. CalBoy macrumors 604

    CalBoy

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    #8
    They work well for parents though. It's helpful to know where the nearest one is so you can make sure your child isn't walking towards them unaware.
    I think the best way is to use what California does now. If you're both under 18 and within a certain number of months of each other (I think it's 6 months), then it's underage sex (I don't think there is any penalty for this, but if there is it's likely just a sex ed class or something). If one is over 18 and the other isn't (and the age difference is more than 6 months) then it's statutory rape.

    It isn't perfect, but it works pretty well so that teenagers can actually form relationships without the thread of Johnny Law coming to put them on a list.
    I'm pretty sure the US Supreme Court barred all such laws in the 1970s or early '80s, but that may have only been for adults. Since they were underage, it could be an entirely different legal world (which I think is wrong).
     
  9. Iscariot macrumors 68030

    Iscariot

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    #9
    18 is a statistically unsupported age of consent; there are many states with a "better" way simply by maintaining a lower age of consent.
     
  10. Peace macrumors Core

    Peace

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    #10
    If she got busted for having oral sex why did she get convicted of sodomy ?
     
  11. kavika411 macrumors 6502a

    kavika411

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    #11
    I agree with you, especially as a parent myself. My concern is balancing the policy of helping parents/preventing preventable harms with the policy of avoiding the vigilante justice that follows these notifications. (I may be wrong on the latter, but I think it is pretty well-established that it occurs frequently to the point of inevitability, and I'll go digging for a link if we need to go down that path.) As someone who feels s-t-r-o-n-g-l-y about the courts increasing punishment for non-consensual sex offenders (and I do mean strongly), I currently side against the notification system because of the vigilante aspect. I say that but admit I'd be the first crying foul if I weren't put on notice of a sex offender moving in next door. Tricky.
     
  12. iJohnHenry macrumors P6

    iJohnHenry

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    #12
    Now that children is sphincter control. :eek:
     
  13. ZachsMacDaddy macrumors 6502

    ZachsMacDaddy

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    #13
    Many states bundle oral and anal sex as "sodomy." It seems to make no sense and can lead to confusion. I think they need to be separated since the stigma for one is far greater than the other.
     
  14. EricNau Moderator emeritus

    EricNau

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    #14
    Not quite. In California, the age of consent is 18, with a misdemeanor if the minor is 3 or fewer years younger than the major. Penalties drastically increase if the minor is under 16 and the major is above 21, with the major guilty of aggravated sexual assault of a child if the minor is 14 or younger.

    It's not perfect, but it's pretty good.

    Sodomy is "sexual intercourse involving anal or oral copulation."
     
  15. CalBoy macrumors 604

    CalBoy

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    #15
    That's true enough. I honestly don't know the age of consent in most other nations. Is the prevailing age 16?
    Honestly, I don't think there is a way to fix the problem short of assigning all sexual predators (real ones mind, not faux ones like the woman in this case) to a certain special urban area where they can get jobs, rebuild their lives, and continue to get help. The area could be away from children and let reformed individuals slowly transition back into society, but it wreaks of quarantine.
    So there's no provision for underage teenagers? What if one is born in July and the other December? Can they not have sex until the younger one turns 18? That seems ludicrous. I honestly hope no one is convicted if they have sex with their girlfriend/boyfriend who is only some months younger than them.
     
  16. Iscariot macrumors 68030

    Iscariot

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    #16
    The prevailing age is actually 16 in the US, only 10ish states have it at 18. Worldwide it's 14 to 16.
     
  17. mkrishnan Moderator emeritus

    mkrishnan

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    #17
    It'll be interesting to see where this goes... AFAIK several states also put people on these registries if they engaged in other acts that don't involve sex assault, like public indecency (nudity, peeing in public, etc), that aren't always (or in some cases even often) really consistent with the idea of a sex offender registry.
     
  18. CalBoy macrumors 604

    CalBoy

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    #18
    An interesting point about that: those states with an age of consent at 16 have that only in the case of marriage AFAIK.

    I don't think any US state lets teenagers just have sex without any strings attached (so to speak).
     
  19. XnavxeMiyyep thread starter macrumors 65816

    XnavxeMiyyep

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    #19
    MA has an age of consent of 16, assuming both parties are under 18. And then there's an 18+ age of consent. So no marriage requirements, but still pretty silly.
     
  20. CalBoy macrumors 604

    CalBoy

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    #20
    Huh, go figure for MA to be ahead of the curve.

    I think 16 is fine for underage consensual sex. I'm personally shocked that California doesn't have such a provision.
     
  21. Iscariot macrumors 68030

    Iscariot

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    #21
    Huh. Alabama and Arkansas doesn't seem to have a marriage clause that I can decipher, but I'm certainly no aficionado of American law.

    I quite like the Canadian system. I typically have a bone (or several) to pick with Canadian law, but this is one instance where I think they've got it fairly close to right (with the exception of section 159 of the Criminal Code).
     
  22. Queso macrumors G4

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    I disagree. For those who actually deeply care about what other consenting adults are up to they are as bad as each other.

    Age of consent here in the UK is 16 BTW. Apparently we can all do what we like from that point, but from January we won't be able to keep pictures of it. Still wondering whether b3ta.com will get shut down for all the ****** ripoffs its members produce ;)

    EDIT: LOL. Since when was ****** a swear word!! :D
     
  23. CalBoy macrumors 604

    CalBoy

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    #23
    Both of those states are in the Bible Belt, so it's unlikely that they wouldn't have a marriage clause tied to sex for 16 year olds.
    What does section 159 say?
     
  24. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    #24
    Rather ironic that this woman is being treated infinitely more harshly for being his girlfriend than if she had instead been his teacher.

    While I can't speak for Arkansas, 16 is the default age of consent here. It used to be law that with both parents showing up when applying for the license and giving written consent, you can marry at 14 (obviously a throwback to ye olden times when getting married young wasn't uncommon), but I think they've since upped the minimum age of marriage to 16 as well.
     
  25. abijnk macrumors 68040

    abijnk

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    #25
    Sex offender registry laws do need a major overhaul.

    That said, when I was growing up (from 7- 18) my mom found out that a guy who lived on the adjacent property had raped his 10 year old step daughter. I was then promptly banned from the back of our property (we lived on 5 acres). During the time we lived there the guy molested another young neighborhood girl. I had never been so thankful for the sex offender registry. It's this experience that tells me it doesn't need done away with, but rather overhauled.
     

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