Re: West Springfield High arrest
Posted by:
duhhhhhh
()
Date: February 06, 2013 10:20AM
None* Wrote:
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> That age of consent in Va is 15.....
I don't know about that, it sounds like the 15 thing is only in specific instances where both partners are between 15 and 17:
The age of consent in Virginia is 18, with a close in age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than 18. However, the legislation is not clear-cut, and the details are discussed below:
Any penetrative sexual act other than penile-vaginal intercourse is defined in Virginia law as 'sodomy.' Section 18.2-361 of the Code of Virginia entitled "Crimes against nature" states in part;
"If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of ... felony..."
In addition, any sexual intercourse outside marriage is defined in Virginia law as 'fornication.' Section 18.2-344 of the Code of Virginia entitled "Crimes against nature" states;
"Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor."
The courts of Virginia have ruled that these statutes are not invalid under the U.S. Supreme Court's decision in Lawrence v. Texas since that case only applied to adults, and the age of majority in Virginia is 18. This means that those 18 and above involved in consensual activity in private may have a defense in court, but those under 18 do not.
Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15-, 16- and 17-year-olds.
Section 18.2-63 states in part:
"If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of ... felony ... For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration."
Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor.
§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant. Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor.'
However, and this goes back to my part about being a dick somehow coming back to bite you.... recording these girls and distributing it is a dick move, period. It's depraved. It shows callous disregard for others.
Even if the boys were 17 and the girls were 15/16 and THAT aspect of things was legit, there's a whole series of other crimes they can be charged with regardless of consent. Essentially, the act of having sex may not fall under statutory rape, but in the end, they are still going to get fucked royally for being dicks to these girls.