A mother in Montana is
outraged that a high school teacher who admitted raping
her 14-year-old daughter received only a month in prison, while her daughter
took her own life.
On the surface this sounds like an outrageous case in which a man admittedly raped a 14-year-old girl, who committed suicide as a result, but got away with just a slap on the wrist.
On the surface this sounds like an outrageous case in which a man admittedly raped a 14-year-old girl, who committed suicide as a result, but got away with just a slap on the wrist.
“This 49 year old man raped
that little girl,” scream the news headlines and the TV talking
puppets, “which caused her to kill herself, but he only gets 30 days in
jail.”
But wait a minute. He didn’t
rape that girl. Not really. And she didn’t commit suicide as a result of being
raped; not at all.
Now, make no mistake about
it; what he did was clearly wrong; a crime; a disgusting, unethical despicable
act deserving substantial punishment, but it was not rape.
Those who call it rape are disingenuously engaged in redefining a word in the English language which means something entirely different than what happened to that girl. In doing so, they commit a disservice to women and girls who have actually been raped.
Those who call it rape are disingenuously engaged in redefining a word in the English language which means something entirely different than what happened to that girl. In doing so, they commit a disservice to women and girls who have actually been raped.
This is a case of seduction
and seduction is not rape.
Rape requires the necessary element
of force or coercion. It is the crime of forcing another person against their
will to submit to sex acts. It involves
literally the plundering and pillaging of a person’s body.
That
is a far cry from seduction which is the act of persuading, beguiling,
enticing, or attracting a person to engage in sex; the leading of another astray
if you will. Seduction requires winning over the will of a person to engage in
sex without the element of force or coercion.
In most cases seduction is
not even considered a crime, but when it involves consensual sex between an
adult and someone under the legal age of majority -- a minor -- it somehow
magically turns into the crime of rape in the minds of an indignant society.
The law should call it the
crime of “seduction of a minor” and provide appropriate punishment, but instead
it’s designated “statutory rape” upon the arbitrary legislated premise that a
minor, even one of 17 years, 11 months, and 29 days is deemed as not having the
requisite mental capacity to give consent to sex. Without consent the element
of force is inferred out of thin air, and with force we have rape.
But it just doesn’t seem
comfortable in the minds of an angry mother and all those indignant TV talking
puppets to describe such an incident as one in which “that man statutorily
raped the little girl.” No, they simply leave out the statutory part of it and
loudly claim rape. It sounds a lot more outrageous that way.
So we have the bizarre situation
today of 18-year-old’s convicted of having sex with their 17-year-old
girlfriends branded as “rapists” and required to register with the authorities
as sex offenders for the rest of their lives; all because of an arbitrary legal
fiction.
The irony here is that had
this little 14-year-old girl plotted the premeditated murder of her grandmother
after an argument about money the same TV talking puppets would be screaming to
have her tried as an adult for the reason that she clearly demonstrated the
requisite intent to kill despite her tender age.
She can’t have the necessary
intent to consent to sex, you see, but she certainly can have enough of it to commit
first degree murder.
Somehow when sex is thrown
into the mix people seem to lose all sense of reason and logic. And that’s what
this case was about – sex. It all began in 2008 when the troubled young girl
was a 14-year-old high school student and the man her 49 year old teacher. One
thing led to another and they started a romantic relationship which turned into
sex.
When school officials
learned of it the man resigned and was later charged with three counts of
sexual intercourse without consent. Much later, as the case progressed through
the legal system, the girl committed suicide just before her 17th birthday.
Of course, it’s easy for
mother and the TV talking puppets to blame the suicide on the “rape,” however,
I would bet money that had the sexual relationship never been discovered; had
it simply phased out naturally like so many sexual relationships; had the man
never lost his job and been charged with the “crime,” had she not been
subjected to the societal infamy of what happened to her, that girl would
probably not have taken her own life.
So it was most likely not
the seduction which caused this poor girl to kill herself; it was, in all likelihood,
the hysterical reaction of the authorities and society to it which she could
not cope with.
After the teen's death, the
prosecution and defendant entered into a "deferred prosecution
agreement" specifying that all charges would be dismissed if he completed
a sex offender treatment program and met other requirements; one of which was
to have no contact with children.
The defendant technically
violated that agreement when he had some contacts with nieces and nephews in a
family setting while other adults were present, and failed to tell his
counselors about certain relationships with women.
The criminal case was revived
and prosecutors asked the judge to invoke a 20 year prison sentence. Defendant’s
attorneys argued that he had suffered enough having lost his job, his teaching license,
his marriage, and reputation in the community as well as being required to
report regularly to the authorities as a sex offender for many years.
The judge agreed with the defendant.
He was given a suspended sentence of 15 years in prison except for 31 days to
be served in jail. Mind you, he would not have received any sentence at all,
and the case would have been dismissed, had he not technically violated the
deferred prosecution agreement.
Mother and the TV talking
puppets are furious. The judge however defended his ruling, saying that the man
is "treatable" and a "low risk to re-offend… Basically
what we had was a troubled young girl… I simply did not have the evidence to
conclude that her taking her life was because of her sexual offense by [the
defendant]."
The Montana Organization of
Women has started a petition calling on the judge to resign. "It's
outlandish in a way that I cannot describe," an HLN spokesperson told
CNN. "It' is the most outlandish thing that I've ever heard of."
Now, if that man had
actually raped that 14-year-old girl, I’d be the first person to agree. But he
didn’t rape her. She wasn’t raped. She was seduced.
That was a crime for which he was rightly punished. He lost his job, his teaching license, his marriage and his reputation. He received a 15 year suspended sentence and 30 days in jail because he technically violated a prosecution deferral agreement which would have dismissed the charges entirely.
That was a crime for which he was rightly punished. He lost his job, his teaching license, his marriage and his reputation. He received a 15 year suspended sentence and 30 days in jail because he technically violated a prosecution deferral agreement which would have dismissed the charges entirely.
He’s a criminal. His conduct
was inexcusable, unethical, and disgusting, but …
Seduction is not rape.