A recent Massachusetts Supreme Judicial Court Opinion offers a look into how juveniles are charged in statutory rape cases and reflects some interesting and sober judicial thinking.
The case is Commonwealth v. Bernardo B, 453 Mass. 158, 169 (2009).
A 14 year-old boy was charged with several counts of statutory rape and assorted other charges for sexual acts involving three 12 year-old girls. All were friends. On assorted occasions, sometimes in the presence of other members of this foursome, the boy requested to have his privates touched, and the involved girl in the particular instance did so; it is interesting to note that under the Mania Regime this qualifies as a “manual sex act”.
In October of 2007 the father of the boy (the Bernardo B. of the case title) was checking his son’s cellphone text messages and discovered a series referring to one of the girls telling the boy that she would have given him an “HJ” (hand-job) if (another of the girls in the group) hadn’t been there. (Note, please, that in current youthy argot “HJ” describes the act of putting your hand on the sex-organ of a male and holding it there for a second or two. Similarly a “BJ” (blow-job) refers to the act of placing one’s mouth on a male sex-organ and holding it there for a second or two.)
The father, already impressive for keeping tabs on the son’s cell-phone messages, contacted the mother of the third girl. That woman spoke with her daughter and the mothers of the other two girls, which is also nice to see.
The result was that within a few days of the father’s first contact the police were called and it was claimed that the boy had sexually assaulted the girls. And, as is famously announced at Santa Anita, they were off.
As the Court itself notes, “the record in this case, as we elaborate below, suggests among other things that the sexual activity in question was nonforcible, that all of the children mutually agreed to it, and that all were under... [continues]
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(2012, 04). Are Statutory Rape Laws Discriminary Towards Boys?. StudyMode.com. Retrieved 04, 2012, from http://www.studymode.com/essays/Are-Statutory-Rape-Laws-Discriminary-Towards-972859.html
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