English assassin
12-09-2005, 12:42
OK, here's an unfortunate case:
Now, I want to say at the outset that its obvious that what this boy did was wrong. OK?
So, a 16 year old boy videos himself having (consensual) sex with his 16 year old girlfriend. Unfortunately he doesn't ask her first. (WRONG). They watch the video together, the video is eventually wiped (it wasn't being touted round the school or anything) but one way or another she reports it to the police and as a result he gets a conviction for voyeurism and is now a registered sex offender.
I can't help thinking that is pretty tough beans on a 16 year old who made one stupid mistake.
It seems to me that we are getting a bit to quick to equate wrong behaviour with criminal behaviour, especially when it comes to young people. I mean, sure, I know damn well you mustn't video yourself having sex with someone without their agreement (or do anything else without their agreement) but when you are 16 and hornier than a tomcat with 3 balls I think maybe some sort of leeway should be given? You are finding out about relationships and such like, it doesn't seem quite right that you get clobbered for a mistake the way an adult would.
For the same reason I am a bit wary of moves to redefine "consent" in rape trials where alcohol is involved. The fact is a drunken consent IS a consent (if its not then I for one have certainly been raped on a number of ocassions), unless of course you are so drunk its obvious you can't consent to anything or even have much idea what's going on. And, again, OK at my age you know to be careful if she is three sheets to the wind (and indeed to be careful if she's not), but when you are 17? There's going to be an awful lot of 17 year old rapists around soon.
Teenagers make mistakes, its part of learning and growing up. I'm not sure we should be jumping on them with the criminal law the first time they fail to act like a 35 year old.
Now, I want to say at the outset that its obvious that what this boy did was wrong. OK?
So, a 16 year old boy videos himself having (consensual) sex with his 16 year old girlfriend. Unfortunately he doesn't ask her first. (WRONG). They watch the video together, the video is eventually wiped (it wasn't being touted round the school or anything) but one way or another she reports it to the police and as a result he gets a conviction for voyeurism and is now a registered sex offender.
I can't help thinking that is pretty tough beans on a 16 year old who made one stupid mistake.
It seems to me that we are getting a bit to quick to equate wrong behaviour with criminal behaviour, especially when it comes to young people. I mean, sure, I know damn well you mustn't video yourself having sex with someone without their agreement (or do anything else without their agreement) but when you are 16 and hornier than a tomcat with 3 balls I think maybe some sort of leeway should be given? You are finding out about relationships and such like, it doesn't seem quite right that you get clobbered for a mistake the way an adult would.
For the same reason I am a bit wary of moves to redefine "consent" in rape trials where alcohol is involved. The fact is a drunken consent IS a consent (if its not then I for one have certainly been raped on a number of ocassions), unless of course you are so drunk its obvious you can't consent to anything or even have much idea what's going on. And, again, OK at my age you know to be careful if she is three sheets to the wind (and indeed to be careful if she's not), but when you are 17? There's going to be an awful lot of 17 year old rapists around soon.
Teenagers make mistakes, its part of learning and growing up. I'm not sure we should be jumping on them with the criminal law the first time they fail to act like a 35 year old.