Bad /Unjust Law v Morality
This is an interesting article as it flies in the face of accepted wisdom:
Paedophile escapes jail for abusing girl, 11, after judge says 'she welcomed sex'- Daily Mail article by Andy Dolan 09/05/08
My own thoughts are that yes Paedophiles do have rights too, but that "ignorance of the law" is a time immemorial adage and every reasonable man in the UK knows that the age of consent is 16 for a boy and a girl. Therefore this man "knew" that what he was doing was wrong, the moment he became aware the girl was aged 12. However, this girl knew when she claimed to be 20 that she was also up to no good. Bear in mind the rule of equity "first in time prevails". Did she intend to have sex with any male/boy or was she specifically after a paedophile - was there a material difference concerning "intentionality" as the lines of "victim" appear to be blurred concerning the facts. It is not a nice thought that a 11 year old girl could intentionally want to and set out on a more than merely preparatory course of action to have sex with a paedophile.
However, if the judge informs that this girl is not innocent on these matters and was also aware that she had been "groomed" and that she also should not be conducting herself in this manner, ie enticement; that she cannot also escape fault/cause and my thoughts on the matter are that she should also go on the Sex Offenders Register for her conduct as she needs to learn lessons too. Her being on the Sex Offenders Register would also enable paedophiles some degree of latitude concerning contributory fault based on "knowledge", which is a higher bar to get over as opposed to belief or understanding. Would the girl have gone as far if he had informed her he was a "paedophile" as she had informed him that she was "12".
I do think this decision is bad/unjust law, albeit the Judge may be trying to show that UK society is degenerated to a degree whereby 11 year old girls do not have any innocence concerning sex. The judge is right to estabish what the morality of society is at any period in time in a judgment and our newspapers are on the same level concerning underage binge drinking. Therefore this judgment is a true reflection of societal standards - the issue is what should then be done about it.
Paedophile escapes jail for abusing girl, 11, after judge says 'she welcomed sex'- Daily Mail article by Andy Dolan 09/05/08
My own thoughts are that yes Paedophiles do have rights too, but that "ignorance of the law" is a time immemorial adage and every reasonable man in the UK knows that the age of consent is 16 for a boy and a girl. Therefore this man "knew" that what he was doing was wrong, the moment he became aware the girl was aged 12. However, this girl knew when she claimed to be 20 that she was also up to no good. Bear in mind the rule of equity "first in time prevails". Did she intend to have sex with any male/boy or was she specifically after a paedophile - was there a material difference concerning "intentionality" as the lines of "victim" appear to be blurred concerning the facts. It is not a nice thought that a 11 year old girl could intentionally want to and set out on a more than merely preparatory course of action to have sex with a paedophile.
However, if the judge informs that this girl is not innocent on these matters and was also aware that she had been "groomed" and that she also should not be conducting herself in this manner, ie enticement; that she cannot also escape fault/cause and my thoughts on the matter are that she should also go on the Sex Offenders Register for her conduct as she needs to learn lessons too. Her being on the Sex Offenders Register would also enable paedophiles some degree of latitude concerning contributory fault based on "knowledge", which is a higher bar to get over as opposed to belief or understanding. Would the girl have gone as far if he had informed her he was a "paedophile" as she had informed him that she was "12".
I do think this decision is bad/unjust law, albeit the Judge may be trying to show that UK society is degenerated to a degree whereby 11 year old girls do not have any innocence concerning sex. The judge is right to estabish what the morality of society is at any period in time in a judgment and our newspapers are on the same level concerning underage binge drinking. Therefore this judgment is a true reflection of societal standards - the issue is what should then be done about it.
posted by Lesley McDade at 8:45 am
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