The girl also texted “explicitly compromising images of herself” to him, the attorneys asserted in the court filing.
“This was a consensual act. It was preplanned
Still statutory rape isn’t it?
Sounds like a case for Hillary. She actually has been successful at getting rapists acquitted.
14 year olds, of course, can’t lawfully consent.
That’s the kind of thing an American would know and an Guatemalan wouldn’t.
Article - Criminal Law
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§3–304.
(a) A person may not engage in vaginal intercourse with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of rape in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum sentence shall not apply.
(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
You're hitting a grey area. You see if the person who has consensual sex with the 14 year old is within a year of her age they will not prosecute. Less then 2 years in age difference they usually will not prosecute. 2-3 years they will not prosecute unless it becomes a big story. Anything else is 50/50 because again it was consensual and she sextexted well in advance.
Most courts are getting to the point that if its consensual sex they're not going to do anything because of the political backlash. After all its a woman's right to choose, even if they're no women yet.
Who the Hell consents to have sex in a bathroom stall? Strains credulity. She may have been a tease, but I find it unlikely she wanted to have sex with two boys in the bathroom? Something is wrong here.
Typical defense lie.
This ‘illegal’ sure lawyered up fast. High profile attorney too? I wonder who is paying for it? This is not a court appointed attorney. Does an ‘illegal’ even have the right to an attorney?
Father or something else? I'd do a DNA test.
Wasn’t this an act of excessive violence?
If this is the same case I’m thinking of (not combining events or thinking of another), there was supposed to be blood all over the place.
It was also described as these guys violating her every way possible.
These do not sound like evidence of consensual sex, and agreeing to sex with one person, isn’t agreeing to sex with his friend too.
It occurs to me that the left is pushing us back to the days when every rape victim was essentially put on trial for bringing it on herself. And the rate of rape reporting continues to be low—I wonder why? (No, I don’t.)
The left claims to champion women’s rights, but in the last few years have shown themselves to be the enemies of women. I guess women have stopped being a reliable demographic for the left, so leftists can stop the pandering for votes.
Was sex with the other man consensual? Was the sodomy consensual?. Gee girl you agreed to have sex with me, surely you won’t mind doing my buddy Tom haere and oh, by the way there are a few other things we’re gonna do to you. Oh your saying no! Sorry you said yesterday on a text you would do me, but gee this is like the constitution and expands to circumstances. Sorry honey you can’t say no now! Sure, slime the victim, how Liberal of you!
Tucker Carlson said people heard her screaming when he interviewed the defense lawyer.
If he still has the texts, he may have a leg to stand on.
If they were "accidentally" erased - recover them from the service provider.
If they can't be recovered because they were never there... chemical castration comes to mind.
How the Hell can a text message convey permission to be gang banged in the school bathroom?
She can’t consent. She’s underage.
A 14-year-old cannot legally consent to having sex.
If she did consent to have sex with one, did she consent for both? Did she withdraw consent? If a girl agrees to have sex with one boy and two show up, it’s not as if she must now have sex with both.