Why would the girl not be charged? What you describe (assuming it's 2 teenagers like you mentioned) doesn't sound like rape so it would be appropriate for them both to be charged with indecent exposure or whatever law they are breaking.
EtA: and of course the camera person should also be charged with the law they are breaking as well
That would make me really uncomfortable. I think legally speaking, someone should be looking into this as its child pornography, and people are distributing it. Plus I would hate if one or both of these people are ridiculed for it like so many teen girls are in other situations where that content is being passed around.
Post by littlesthobo on Aug 2, 2015 6:32:49 GMT -5
If she's not old enough to consent then no, the law should not be able to charge her for indecent exposure for being raped in public. But yes, the cameraman should be charged for child p.orn.
ETA: I was assuming "if charges are filed" meant statutory rape/child endangerment charges.
I don't know if she will be or not or if in fact anyone will be. It happened here recently and some are saying she should be protected because she is a child and the guy be charged with rape. The police have warned ppl that distribution. Is a crime. I am just feeling odd about this situation.
But if he's 17, he's a child too
This, for one. Also - while i don't want to get into victim shaming, this doesn't sound like a case of rape and plus, while I know what the law says, I do think 15 year old ARE capable of making choices for themselves and need to take responsiblity for their choices. Even when sex is the topic.
They can all be charged in their home jurisdictions - so tourist or not, she can still be facing some sort of repercussion.
If both are minors they can be charged with indecent exposure, and the cameraman can be charged with making and distributing.
There are entire divisions of law enforcement devoted to tracking and shutting this stuff down. I hope that someone has reported it - otherwise this girl (especially) is in for a very long road. This stuff can haunt a person for years.
If they are both below the age of consent, then both minors could be charged; gender doesn't determine whether one is guilty of statutory rape (there used to be different ages of consent, but I believe those laws have all been changed).
Depending in the jurisdiction, there may be an exception or lesser charges if both parties are above a certain age and close in age to each other. This can be true if one party is above the age of consent but still a minor or, in some places, a young adult.
In any event, the person filming can certainly be charged with distributing child porn.
i think it depends on the state, right? in tennessee the age of consent is 18, but the perpetrator also has to be four years older than than the victim. a person who is older than 13 can consent to having sex with somebody under 18 but cannot consent to sex with an adult
I don't have access to the video. But many people do and they have been sent around on WhatsApp etc.
As I have mentioned before I live in a teeny tiny community and this happened at a very public function so lots of people saw it for themselves or saw the video and everyone is talking g about it
I'm thinking possession of the product is criminal, as well.
*nods head*
Especially since everyone is seemingly aware that the girl is likely only 15.