confused

[bamboozled]

Ok so I was watching a show on t.v. and i saw that a guy who was accused of statutory rape who was 26 years older than the victim (who was a minor) got less jail time than another man who was accused of the same thing who was only 3 years older than that victim (who was also a minor) because its only a 4th degree misdemeanor. Why is it that the closer in age you are to the victim the more jail time you receive?

[acreature]

Most states have stat rape laws differing based on victim age.

ex: a 18 yr with an 10 yr would be more severe than a 30 yr old with a 17 yr old.

[bamboozled]

but both of the victims were almost 16.......the one guy was 42 and served less time than the 19 year old.....it just doesnt make sense

[acreature]

but both of the victims were almost 16.......the one guy was 42 and served less time than the 19 year old.....it just doesnt make sense

Probably the specifics of the case, circumstances of what happened are the determining factor. Not all states have structured sentencing like mine, and allow the Judge to impose harsher punishments for one defendant vs another.

[bamboozled]

but the part that really didnt make sense was that the 19 year old was the victims boyfriend and even though it was consentual, since she was a minor he got 6 months in jail because the victims parents didnt approve of it; where as the 42 year old raped a stranger and only got 3 1/2 months.....the one wasnt really rape but by law it was and he got more time.....i just dont think its fair

[acreature]

Don't know what to tell you. Fiction or non?

[bamboozled]

non cuz i saw it on one of those crime documentary things on tv

[Sgt. Slaughter]

Did both crimes happen in the same state?

Lots of times they'll also consider previous criminal history during sentencing and all the particulars don't make it onto the shows.

[bamboozled]

yes they both happened in ohio and they were both first time offenders and both had clean records up to that point....it was a show about justice in the court system

[Sgt. Slaughter]

Sometimes attorneys play a large part in that disparity as well (on both sides of the court room.) There are too many differences that the shows can't tell you about.

[PapaBear]

Perhaps, that was the intent of the producers of the show. To point out the disparity in two separate criminal prosecutions for the same offense.

Happens all the time in all judicial venues. That is why there are two types of lawyers - prosecution and defense. Although, all lawyers come from the same genus - "Chondrichthyes"

[Legoate]

Although, all lawyers come from the same genus - "Chondrichthyes"

Funny, I knew my science degree would be useful at some point in law enforcement!

[phantasm]

Most states have stat rape laws differing based on victim age.

ex: a 18 yr with an 10 yr would be more severe than a 30 yr old with a 17 yr old.

age of consent in NY = 17, so 30/17 not a crime.

[phantasm]

but the part that really didnt make sense was that the 19 year old was the victims boyfriend and even though it was consentual, since she was a minor he got 6 months in jail because the victims parents didnt approve of it; where as the 42 year old raped a stranger and only got 3 1/2 months.....the one wasnt really rape but by law it was and he got more time.....i just dont think its fair

Is it possible that the 42 year old non-forcible rape perp only committed the crime once, and the 19 year old non-forcible rape perp committed the crime multiple times?

[Plazoo]

Maybe the older guy was offered a plea deal-plead guilty to a lesser offense and get less jail time than taking the chance of going to trial and getting a heavier sentence while the younger guy took his chances.

Either way, I'd be more upset with the wimpy sentences they both got vs who got more time.