(December 13, 2016 at 12:05 am)vorlon13 Wrote: For instance on the first point, if the boys were aware of the teachers views going that way I'd entertain arguments their motivations were more malignant than just 'pranking teacher'.
And a corollary, I'd like to think (although this is Nebraska, so maybe not) having a more severe charge would give the court more leeway to services for the boys in regards to counseling and such. A slap on the wrist isn't going to get them to understand the offense to victims they've perpetrated like participating in the equivalent of anger therapy only for teen sex offenders.
Ok, I'm with you when it comes to punishments. I thought you were arguing that they should be charged with a more severe crime because of her religious beliefs, which I would argue makes no sense and simply bends over backwards for religions.
(December 13, 2016 at 12:05 am)vorlon13 Wrote: Second, some men are going to react (rightly or wrongly) more strongly negatively than others to having other males reproductive emissions being in the mouth of their spouse.
Right, but the crime wasn't against her husband. How he reacts to it is on him. You shouldn't charge people with more crimes because some friend or relative of the victim reacted more negatively than others.
Quote:3rd point would be the ludicrous under charging represented by the misdemeanor assault charge. I can see victim rights groups (and myself) thinking the prosecutor clearly not taking this very seriously as a an additional grievous affront to the victim. And 'affront' there shading into an additional assault or complicity with the original.
The 'well, boys will be boys' thing, which I'm betting 2 sets of the boys parents are already voicing, and I can imagine people thinking the prosecutor is on board with the same thing.
What's more likely is that the prosecutor is trying to win the case. I would guess that you won't find many juries that would be willing to convict teenagers for felony rape or even felony sexual assault because of this. Maybe you'll convince most of the jury, but in most cases you need a unanimous decision to convict.
Misdemeanor charges are more likely to stick.