Prison employee sentenced to prison for having sex with inma

[Havok]

Ghetto edit: And don't get me wrong. I know that in a court room, common sense is worth shit. Letter of the law, this easy to figure out. Luckily, I have the luxury of not being in a court of law, so I can call bullshit one something like this in regards to the sex offender charge, and the no consent crap.

[Edi]

Not the only determining factors, but factors nonetheless. Judgment should be based on demonstrated harm, which is why for example certain cases of a female teacher having sex with a 13-year old boy ended with her getting sex offender status and a short prison sentence, whereas if it had been a male teacher and a female student with similar ages, he'd have ended in a pound-them-in-the-ass prison for years.

Thread on student/teacher case

Here, there is a difference in power, but both people are adults. Otherwise not a whole lot of difference.

Allright. I fear my question was still unclear; I suppose I wanted to know if you were reporting on how it factually is, or offering your personal opinion on how it should be.

Both. That's the way it factually is where the laws allow the judges to exercise their judgment within a range of possible outcomes instead of having mandatory minimums. I also happen to think that that's the way it should be. It's not amenable to a one-size-fits-all solution.

[Eleas]

Both. That's the way it factually is where the laws allow the judges to exercise their judgment within a range of possible outcomes instead of having mandatory minimums. I also happen to think that that's the way it should be. It's not amenable to a one-size-fits-all solution.

Given my somewhat personal knowledge of the subject, I don't see much difference between a victimized child being male or female. To paraphrase myself in earlier threads, it's not "penetration by penis" that constitutes either the rape nor the trauma that follows. Adults, through societal conditioning, tend to respond differently (which is complicated in its own right, so I shan't go into it here) but while I agree that there should be allowances to exercise judgement in these cases, reflexive leniency on the grounds that "the bitch wanted it" tends to sit ill with me, no matter the genders involved.

[Edi]

Eleas, I'm not reflexively defending anything here, keep that in mind.

I form an opinion on each case separately and the ones that have come under discussion here have been the cases where the lenient approach has been warranted. The handling must always be on the basis of harm caused. If there has been demonstrable harm, then sure, being stringent and harsh is okay.

The problem is that far too often even here people just don't fucking think about these cases and then get hung up on bitching about stupid shit instead of taking a god look. It's happened even here so many times that I don't give people any benefit of the doubt most of the time when these arguments come up. You are a refreshing change from that, because you ask instead of jumping to conclusions.

[Eleas]

Eleas, I'm not reflexively defending anything here, keep that in mind.

I form an opinion on each case separately and the ones that have come under discussion here have been the cases where the lenient approach has been warranted. The handling must always be on the basis of harm caused. If there has been demonstrable harm, then sure, being stringent and harsh is okay.

Yeah, I got that. I was honestly more interested in how you saw the case than in slamming you. For what it's worth, I think your methodology is sound.

As an aside, the problem with these kinds of cases is that - and I know this sounds tired and clichéd - it's never cut and dry. The deeper you look, the more factors you can find. For instance, after having talked up a storm on the subject of victim-blaming and how we still tend to let our expectations of gender and societal conditioning factor in, I feel the need to immediately seemingly contradict myself by saying that "penetration by penis" could actually be more traumatizing... because if a victim has been taught that this is the ultimate horror, it will affect them worse than had that not been the case, and the more humiliated and used the victim feels, the worse he/she is off.

It's just one of many factors, but it exemplifies why it's sometimes very hard to hash these things out.

The problem is that far too often even here people just don't fucking think about these cases and then get hung up on bitching about stupid shit instead of taking a god look. It's happened even here so many times that I don't give people any benefit of the doubt most of the time when these arguments come up. You are a refreshing change from that, because you ask instead of jumping to conclusions.

Trust me, it's taken a lot of these threads before I got to the point of not reflexively jumping down peoples' throats. That almost always ends up biting you in the ass, I've found, especially on this type of polarizing subject. In truly pointless discussions of fandom, I have no compunctions on breaking out the flames, but given the subject, well, there's already barrels and barrels of incendiaries just waiting to go off.