Did Debra Lafave's Appearance Influence Her House Arrest Sentence?

In summary, Debra Lafave, a 25-year-old female teacher, pleaded guilty to two counts of lewd and lascivious battery after having sex with a 14-year-old student. Lafave will now be serving three years of house arrest and seven years' probation, and will lose her teaching certificate.
  • #36
Yah but I am still amazed at what this ruling is...
 
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  • #37
In India a boy runs away in a friend's car (without owner's permission) with a
girl probably to marry her. He probably got this idea after watching an overdose of tamil movies. The boy lands up in jail for stealing the car but the girl goes scot-free.
 
  • #38
TheStatutoryApe said:
My main point regarding the difference between males and females in regards to sex was that if the male achieves a state of arousal and preforms normal sexual intercourse it is quite difficult to declare that the "victimizer" coerced the "victim" into having sex. A female can engage in normal sexual intercourse without being aroused but ofcourse the problem here is that it would be quite difficult for a defense to prove that the female was aroused and desirous to protect their client from further charge if the court were to handle these cases the way I'm suggesting.
Actually, this is not a reliable indicator of consent. It's not hard to imagine that a 14-yr-old boy would be physically aroused by a pretty woman, but not actually have the intention of having intercourse or consenting to it...afterall, 14-yr-olds often find themselves in a state of arousal that leaves them rather embarrassed because they do know acting upon it would be inappropriate.

In cases of rape against women, rapists have tried to claim that it wasn't rape because a woman has sufficient (trying to think of a way to say this without being overly graphic)...secretions...that she must have "wanted it." [Sorry, no source on this, I was told that by a college rape counselor who was training the residence life staff on how to handle sexual assault victims if we were the first person they came to. She added that sometimes this arousal left the women confused as well, thinking maybe they did "want it" if they had that reaction, and somehow they felt they were to blame, or felt guilty over that reaction.] However, the problem with that is that any general arousal, such as fear, can translate into such a physiological state in a woman. Beyond that, even if someone is attracted to someone else, it doesn't mean they've consented (such as in the case of date rape).

As for a schoolteacher, the authority that person holds over the teen is the bigger issue, as with any older adult luring in a 14-year-old. Lots of 14-yr-olds, of both sexes, have crushes on teachers, but it doesn't make it a healthy thing to encourage them to indulge in that and let a crush turn into a sexual encounter. Sex with a student isn't even considered acceptable if they are a 21-yr-old college senior and you're their professor. There's both an unfair balance of power and the resultant conflict-of-interest. The kid may have even said yes if he was told he could get an A in the class for it too. Then it's about the same scenario as the secretary sleeping with the boss to get a promotion, which is at least defined as sexual harassment. The difference is that a 14-yr-old is not emotionally mature enough to make such an important decision. At that age, impulsiveness often wins out over forethought.

As for the argument being presented that a 14-yr-old can be tried as an adult for murder, that simply is not true in every case. For the most part, they are still tried as juveniles unless it can be proven they had sufficient maturity and understanding of what they were doing to merit being tried as an adult. A psychiatric evaluation would be involved in making such a determination.
 
  • #39
wow luckily for you guys and this arguement, i am 13, in junior high, and turning 14 in june, so i can be your little example person thingy.

i go to an honors school and the kids at my school are good kids blah blah blah... theoretically the way i see it, if i were to have sex with my english or history teacher, who are both pretty young, then i would probably just receive counseling and the teacher would probably get the whole house arrest-probation thingy like the original post stated, and also stripped of the teaching degree and not be allowed to see children blah blah blah. She might be put on a registerded offenders list, but because i am a boy and supposedly i wouldn't be scared the way a girl would and all this other biased stuff blah blah blah

but if one of my friends who are girls were to sleep with my gym coach or math teacher, even if my friend wasn't really affected by it or maybe even enjoyed it (*winces at thought of PE teacher getting a friend of mine*) even if she shows no damage from it she will receive a lot of counseling. meanwhile the teacher is doing some serious time in a state prison for at least 10 years, and will then be registered as a sex offender, be watched closely by the authorities, won't be allowed near children, and will never be allowed within 300 feet of a school again
 
  • #40
Moonie said:
Actually, this is not a reliable indicator of consent.
Oh I know that it's not a reliable indicator but in a court case it would be difficult to try proving otherwise. It's more or less your word against the other person and the fact that your body was reacting the way it was makes it difficult to back up your word on the matter.

Pengwuino said:
whoa whoa whoa whoa whoa whoa whoa

http://www.timesonline.co.uk/article...888035,00.html
http://www.timesonline.co.uk/article...888035,00.html
http://www.timesonline.co.uk/article...888035,00.html
http://www.timesonline.co.uk/article...888035,00.html

A High Court judge yesterday threw out the case of a student who claimed that she was raped while drunk and unconscious on the basis that “drunken consent is still consent”.

There's a girl I know who was in a similar situation except that she was told what happened afterward by her friends. She had drank quite a bit and a friend placed her in a room by herself so that she could sleep it off. Later her friend found a guy in the room with her. She was apparently saying to the guy "**** me". Her friend chased the guy out of the room. Apparently he went back to the room again later and had sex with her. In her drunken state she was quite willing and even demanding (from what I remember she was the one who initiated the whole thing) but did not remember a thing about it the next day. Her friends had to tell her what happened. She asked me if she should try to bring the guy up on charges for rape. After she told me that he was drunk too I told her that my opinion was it would be wrong to do so. I think that if a woman is not expected to be able to make proper decisions while under the influence that it is unfair to expect that men WILL be able to make responsible decisions while intoxicated.
In the situation in the article though I have no idea if the man involved was intoxicated. Apparently he was working so he shouldn't have been.
 
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