16yr old rapes 12yr old Great Mills

[vegmom]

Originally Posted by Dymphna

He's NOT having "the book thrown at him." He's being charged with 2nd degree rape, which, among other things, covers statutory rape.

If there were evidence that he forced her, it'd be 1st degree. Second degree either means statutory or he took advantage of her in a state where she couldn't consent, such as asleep, passed out, etc. Given her age, they wouldn't have to prove anything except that he had sex with her. The other charges...2nd degree sex offense and such indicate that he did more than have intercourse, but other sexual acts any of which would be illegal based on the girl's age alone.

Now chances are, they are being conservative and charging him with statutory because they don't have solid evidence of force, even if that is what occured. Get him on arrested on what they can prove and build up the case from there, if possible.

Maryland Judiciary Case Search

But then why is he being held without bond and charged as an adult? And why the assult charge?

[Dymphna]

Originally Posted by vegmom

Maryland Judiciary Case Search

But then why is he being held without bond and charged as an adult? And why the assult charge?

Because they can.

Maybe because they hope to get more evidence that it was force, but in the meantime, they have him locked up on what they KNOW they can prove. If they charge him with 1st degree, they have to have proof of 1st degree. If they don't have that proof, the charges will get thrown out before they have the chance to get more. Maybe the girl DID take that shower, maybe any bruises she had could be explained by other things.

Read the definition I posted a page or so back about 2nd degree rape.

The Post article makes it sound like the guy admitted having sex with the girl, if that's the case, it's a slam dunk for 2nd degree....they aren't going to charge him with something they can't prove and risk him going free, when they have him nailed on a lesser charge that can get him put away almost as long.

OR the girl MIGHT have consented, but she was only 12. He knew better.

[Penn]

From the Post article:

"Lt. Rick Burris, commander of the St. Mary's County Bureau of Criminal Investigations, said Edison was charged as an adult "because of the severity of the charges."

"Burris said the 12-year-old girl did not know Edison but went to his house with a teenage friend who did. Burris said the 12-year-old's mother went to police with rape accusations. "

This gets more and more confusing. The first question most of us wanted to know was - "What's a 12 year old doing out of her house at the wee hours of the morning."

Hmmm.......

Now, I'm wondering - how in the hELL her momma didn't know she wasn't at home during those early hours?!?

Mom didn't know where her daughter was?

Sounds very sad.

[vegmom]

Hate to say it, but it would be very easy for most kids that age to sneak out without parents knowing it.

Now, if I had woke up and found my daughter not in her room I'd be calling the police. But I'm also a light sleeper and live in a shoebox size apartment. If her room was at the other end of the house and her parents sound asleep maybe they did not hear anything until she came home? Questions and more questions.....

[bresamil]

Overall this is a sad state of affairs.

I know many 12 year olds that look and act many years older.

IF they did not know each other he may not have known her age. STILL sex with someone you don't know is stupid and people continue to do it every day.

Regardless it is his personal responsibility to keep his pecker in his pants and he didn't. Risk taken - consequences coming to fruition.

If what Danzig said is true, not only should the rapists be punished, but anyone else that was there and did not stop it from happening should be charged.

Anyone here see the movie 13? Scary shiznit kids think is normal.

[Penn]

Originally Posted by vegmom

Hate to say it, but it would be very easy for most kids that age to sneak out without parents knowing it.

Now, if I had woke up and found my daughter not in her room I'd be calling the police. But I'm also a light sleeper and live in a shoebox size apartment. If her room was at the other end of the house and her parents sound asleep maybe they did not hear anything until she came home? Questions and more questions.....

Yeah, good points, but still..............

Another point to wonder about; is this the first time she's snuck out and her momma did not know?

As you have said - questions and more questions. Heck of a way to grow up, ain't it?!?

[sommpd]

Originally Posted by Dymphna

He's NOT having "the book thrown at him." He's being charged with 2nd degree rape, which, among other things, covers statutory rape.

If there were evidence that he forced her, it'd be 1st degree. Second degree either means statutory or he took advantage of her in a state where she couldn't consent, such as asleep, passed out, etc.

I'm sorry, but you are wrong. One of the ways Second degree rape is achieved is by using force or the threat of force.

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
(
(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.

If it were merely statutory, it would be third degree sex offense based on the two ages.

[AndyMarquisLIVE]

Originally Posted by Penn

Yeah, good points, but still..............

Another point to wonder about; is this the first time she's snuck out and her momma did not know?

As you have said - questions and more questions. Heck of a way to grow up, ain't it?!?

I know you're going to but does it really matter anymore?

The little girl was raped, by force (according to the definition provided by the mpd) and her life has been damaged forever. Speculating why she was out at 5am accomplished nothing.

[AndyMarquisLIVE]

Originally Posted by bresamil

Anyone here see the movie 13? Scary shiznit kids think is normal.

There are two different versions, so, uh, please elaborate as to which one.

[mitzi]

If he is guilty of raping her, he'll probably get what the REST of them do...work release (and this is with small children who have no idea what's being done to them).