IMPORTANT QUESTION Criminal Background Check in Job Employment

[Les Sleeth]

Evo,

In all fairness, you don't know all the details. He might have actually raped her.

- Warren

Warren, I figured we were discussing this based on what's been presented. Assuming the facts are as we've been told, assuming we aren't being lied to or played, then . . . at least that is what I am doing. That way we can debate the merits of the law regardless of the verisimilitude of SeekDestroy's account.

If the facts are other than we've been told, then of course all offers of sympathy are withdrawn.

 

[JasonRox]

True, I acknowledged in a prior post that we don't know all of the facts in this particular case.

It just disturbs me that there is no individual case review for the lifetime sex offender status. If you found out someone you worked with or lived next door to was a registered sex offender, what would you think? That he was a sexual predator, someone to be concerned about?

Recently on the news here a neighborhood found out that someone with sex offender status was planning to buy/lease a home and they went to great lengths to prevent him from moving into the neighborhood. Who knows what the guys crime was, he's a sex offender, he's automatically one of the vilest scum on earth. Is that type of label appropriate for an 18 year old that had consensual sex with his girlfriend 20 years ago?

"Yes." says Dr Transport

In all honesty, all girls of the age 16 know that guys of the age 18 want sex. So, why would the girl go with him? She wants... ? I'll let you figure that one out.

Personally, a law abiding citizen is only a law abiding citizen if he doesn't get caught. Does this mean I am acknowledging that every citizen has broken the law or is breaking the law? YES! To say you are 100% clean, is 100% bull****.

Put it this way...

Dr Transport is a law abiding citizen right now. He can be sleeping with a 14 year old right now, but he's never been caught, so he's registered as a law abiding citizen.

Is that fair?

Now it is more of a game of chance. It seems like in every high school someone gets busted for statutory rape, but who will get caught? It is a game of chance. You can also argue that if you never talk to anyone below your age you can never get caught since you aren't doing it. Personally, that scenario would never happen. Why? Because replacing the most common greeting "Hi, how are you?" by "How old are you?" is not very practical. Second, and assuming you are human, emotions happen at first site. I DID NOT SAY LOVE. Emotions, whether it is love, hatred, fear, happiness, etc... is felt everytime you just meet someone. Sometimes the emotions are wrong or right, but that doesn't matter. Anyways, you don't even have to talk to someone to get emotions. You can just see a girl staring at you and you just feel passionate about her because both of you are sharing a moment of peace together, and that is something. Are you going to tell me you would NEVER look someone in the eye? If yes, you are virgin and will die as one. You can't ask everyone their age before looking at them. The sad part is, you will eventually develop emotions towards certain shoes if you keep looking down.

Of course, we don't know the details.

It is sad to hear people say they cut-off all emotions with a partner just because they are now 18 and they are not.

Note: The comment about Dr Transport is NOT true, but used as an example to show that ANYONE can be breaking the law.

 

[SeekDestroy]

I'm no lawyer, but my understanding is that the parents of the younger person have to press charges to have an incident like this go all the way to court. Did your girlfriend's parents press charges?

No they did not. There are many statutory rape cases against the minor and the parent's wishes. A simply google search should provide you with many such cases.

Here is one such case. A 16 year old charged with statutory rape with a 13 year old and received over 6 years in prison. The charges were pressed against both the girl's and girl's parents wishes.

http://www.townhall.com/columnists/stevechapman/sc000508.shtml


There are also cases that involves two people of the same age. 16 year old with a 16 year old and BOTH are charged with statutory rape...it's a weird system I must say.

If so, why? I suspect a bit more went on than you are telling us here.

Not really. If you're wondering how the cops found out without either the girl or the parents reporting, it was cause my girlfriend ran away from home and left her diary behind. *rollseyes*

Millions of high-school kids who are just over and just under the 18-year mark have sex everyday, and law enforcement generally looks past it, even if it is technically illegal in your locality.

It depends. I doubt something like this happens in Los Angeles or other big cities very often but I was in a small town with cops who obviously had not much else to do.

40% of statutory rape cases in California involves a 18 or 19 year old. With the average "victim" being 15.

"And about 40 percent of the perpetrators were younger than 20. While this still leaves room for an age gap—the average victim is 14 or 15—it's hardly the kind of age difference that brings to mind pedophiles waiting in the bushes to pounce. About 40 percent of the defendants in California were less than five years older than their partner, while only about 28 percent were more than 10 years older."

http://www.legalaffairs.org/issues/September-October-2002/feature_benfer_sepoct2002.html

Of course, it's your right to tell us whatever you want to tell us, or withhold from us whatever you want to withhold, but we really can't give you an answer without all the facts.

I gave all the important facts.

 

[SeekDestroy]

Evo,

In all fairness, you don't know all the details. He might have actually raped her.

- Warren

LOL. I can only laugh at this. That girl and I REMAINED girlfriend/boyfriend while I was in jail and after I got out. We were together for over 2 years. We are not together anymore but we are still very close friends.

P.S. If I had forcibly raped anyone, I would have gotten far more time than 6 months. Although I'm somewhat offended by your comment and your suggestion, I guess I can sort of understand your skeptism. But there are many MANY cases very similar to the one I described and if you did a google search, you should run into many of them that make headlines.

 

[Gokul43201]

A slight diversion...but I don't understand why this needs to be a state's rights issue. Do people mature faster in some states ? Now that I think about it, I guess they do.

Isn't there some provision for a pardon (or a removal from the sexual predator list) if the victim, after reaching some required age, makes a statement in defense of the violator ?

 

[SeekDestroy]

Here's where 2 people BOTH aged 14 years old and BOTH get charged with statutory rape

http://www.jsonline.com/news/metro/aug03/163688.asp


Here's where a guy gets charged even though the couple is married.

http://www.metroactive.com/papers/metro/12.18.97/cover/teensex-9751.html

 

[Zantra]

you know, this law was designed to prosecute older males(or females) who take advantage of a girl's youth and inepxerience for the purposes of intercourse. Not to prosecute 18 year old guys witha 17 year old girlfriend. Unfortunately it is abused in that way. Anyone who has a problem with an 18 year old guy, and a 16 or 17 year old girl should really get out more, and try dating. Because you obviously have no clue about what goes on at that age. I agree it's abused by the parents seeking vengance. I have firsthand knowledge.

I was 17 dating my 16 year old girlfriend. We were intimate- her parents KNEW for a fact we were intimate. My aunt found out though someone else, and she called them and TOLD them about us- they said they knew. They never said anything. They didn't approve of me, but yet we continued to date. When I got into an argument with them(long story, won't go into it) they threatened to go after stat rape. It was merely a tactic of revenge. Ultimately they didn't end up charging me, and she is the mother of my daugher. Of course I later found out that in that in my state, the stat rape law doesn't apply to 16 and 17 year olds(as it should be everwhere) am I a law breaker? Ya technically I guess. But you know how many of you have jaywalked? why aren't you vicious criminals serving time? Anyone who thinks scenarios like this deserve jail time needs to get laid

That's my biased opinion anyhow.. and I feel for seeker-I'd still talk to an attorney and see if there are alternatives. Something like this is worth a free consultation with a good lawyer.

EDIT: course if it was my daughter, I'd throw the @#$#$ in jail and throw away the key.. LIFE IN THE SLAMMER, HARD LABOR! lol So I guess I see both sides, but I still think it's overreaction by the parents, and they will just make their daughter resent them.

 

[gerben]

I feel this is just a terrible sad and typical American thing. Probably to do with age-old puritan Christian feelings that sex is bad and filthy thing, it's sad...
I almost get sick reading some of the responses, it's is just terrible that so many Americans think that sex/nudity is such a bad thing, when I am in the US I am always surprised that on many television channels even women’s breasts are faded out, I find this really ridiculous... what are they thinking! Is this really bad, is a naked human body a bad thing to see, does this bring out some evil thing in us?
I think the US is simply paranoid about sex... hence the reason of laws like the one discussed in this thread, instead of just a law against rape (I mean rape as pronounced by the victim).

 

[Chi Meson]

It just disturbs me that there is no individual case review for the lifetime sex offender status. If you found out someone you worked with or lived next door to was a registered sex offender, what would you think? That he was a sexual predator, someone to be concerned about?

This is exactly what the job of a judge was supposed to be. Politically motivated "mandatory sentancing" has resulted in taking the judging away from the judges.

 

[Les Sleeth]

No they did not. There are many statutory rape cases against the minor and the parent's wishes. A simply google search should provide you with many such cases.

Here is one such case. A 16 year old charged with statutory rape with a 13 year old and received over 6 years in prison. The charges were pressed against both the girl's and girl's parents wishes.

http://www.townhall.com/columnists/stevechapman/sc000508.shtml


There are also cases that involves two people of the same age. 16 year old with a 16 year old and BOTH are charged with statutory rape...it's a weird system I must say.


Not really. If you're wondering how the cops found out without either the girl or the parents reporting, it was cause my girlfriend ran away from home and left her diary behind. *rollseyes*


It depends. I doubt something like this happens in Los Angeles or other big cities very often but I was in a small town with cops who obviously had not much else to do.

40% of statutory rape cases in California involves a 18 or 19 year old. With the average "victim" being 15.

"And about 40 percent of the perpetrators were younger than 20. While this still leaves room for an age gap—the average victim is 14 or 15—it's hardly the kind of age difference that brings to mind pedophiles waiting in the bushes to pounce. About 40 percent of the defendants in California were less than five years older than their partner, while only about 28 percent were more than 10 years older."

http://www.legalaffairs.org/issues/September-October-2002/feature_benfer_sepoct2002.html


I gave all the important facts.

I still think you should consider writing a book. This seems to be a topic that stirs a lot of emotion on both sides, just the sort of material that sells, especially when a victim is writing it (it would also help clear your name). I like your small collection of other cases, very interesting. If you would like a few suggestions for how to approach writing it, PM or email me.

 

[hitssquad]

Carnal knowledge of the willing

Isn't there some provision for a pardon (or a removal from the sexual predator list) if the victim, after reaching some required age, makes a statement in defense of the violator?

This case involves statutory rape, and statutory rape is not a form of forcible rape. Statutory rape is "http://criminal-law.freeadvice.com/violent_crimes/statutory_rape.htm." If she testified that she had been willing, she would be testifying that the original charge of statutory rape was justifiable.

 

[millia]

I wasn't sure where to post this but I have some important questions. In America, many states have a law where anyone over the age of 18 cannot have any sexual activity with anyone under the age of 18. Even if it's a 1 day difference. Anyways, when I was 18, I was charged with statutory rape for being with my at then 16 year old girlfriend. I served a 6 month sentence and now am a registered sex offender.

I'm currently a biology major undergrad. I'm wondering when I do try for employment in the future, how often will they search my criminal background? How much would it effect my ability to obtain a science related job? Would it even be possible for me to obtain a job in the science field with the criminal record I have now or am I basically f**ked for life. Please be honest as possible. Any advice I will appreciate.

In California:
PENAL CODE
SECTION 261-269

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor.

For the purposes of this section, a "minor" is a person
under the age of 18 years and an "adult" is a person
who is at least 18 years of age.


(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years
older or three years younger than the perpetrator, is
guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.
----------------

So in California you would be convicted of misdemeanor statutory rape if you had sex with her.

In California almost 70% of teen births are fathered by adult men.

Men over 20 are responsible for 5 times as many births among junior high school girls than are junior high school boys.

The Average Age difference between the teen victim and the adult defendant in cases filed by the District Attorney is 7years 9months.

And, statutory rape is listed in the Sex Offenders Registry. You can search sex offenders for the state of California at http://www.meganslaw.ca.gov" .
California has an official state website at http://www.california.gov" .
The Attorney General’s office is another great resource for obtaining information for your http://backgroundsearch.com/backgroundcheck.html" .