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Posted on 03/28/2008 8:25:34 PM PDT by OnRightOnLeftCoast
The state attorney general and several Jefferson County officials and lawyers are facing a $3.5 million lawsuit accusing them of unjustly prosecuting a former Oregon man. [Snip] In 2006, Simmons was sent to jail for 30 days and ordered to register as a sex offender after pleading guilty to felony charges of rape and sodomy. But upon Simmons' release, it was discovered that he was never indicted -- a fact his lawyer, the district attorney and the judge overlooked during his prosecution and sentencing. The grand jury that heard Simmons' case found there was insufficient evidence against him and marked the indictment "not a true bill."....
(Excerpt) Read more at oregonlive.com ...
Another Measure 11 Crime that took all the power from the Judge making the District Attorney’s Office Judge, Jury, and Prosecutor/Executioner. The responsible party for this incompetence is the DA and stupid voters who made Measure 11 law, and that includes me.
Anyone that can see evil in the relationship between a 14yr old girl and a 17yr old boy is just crazy.
Or are all high school freshmen,sophomores,juniors now off limits for seniors?
No wonder the grand jury dismissed the case...it’s silly.
One wonders if the case would ever have been sent to a grand jury if the boy had been 14 and the girl 17?
Right on the age difference but there will be some crazies here who think he should be executed.
And of course the criminals in the criminal justice system are so willing to use it to try to cover up their original criminal activity.
Yup... the system is getting to resemble Les Miserables.
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Maybe it was another age, but I certainly remember the phrase 'jail bait' when I was in high school. Now it's licking of chops as the 4 year high schools welcome each new group of freshmen.
A shame the parents didn't exercise more control over their daughter, but they did finally end up calling the cops to get him away from her. Seems like the only thing that went wrong with this case was the lack of an indictment by the grand jury.
I agree completely. 17 year old w/ 14 year old doesn’t bother you? 6 months age difference could easily equate to an 18 year old having sex with a 13 year old. So explain to me the magic of 6 months difference?
Only? Aside from the fact that an indictment by a grand jury is required, everything was O.K.?
Is that some modern math or million man math?
Ok.. hypothetically..
what if it was your 17yr old daughter and a 14 yr old freshman?
Jail, beatings...?
Putting kids in jail for doing what kids have always done is madness.
Overlooked here is whether or not it was consensual.
Rape is nowhere near consensual, but what of the parents pressuring their daughter to file charges of rape and sodomy after she admits to having consensual sexual intercourse with this guy? That could very well be the case here.
You had no answer to the hypothetical...
I must assume it would make a great difference to you.
What these 2 kids did would not be a crime in Canada or Mexico
or at least 90% of the rest of the world.
Something is out of whack... Les Miserables is an apt analogy.
We have the worlds largest incarcerated population per capita.
This was not a case of a leering middle-aged man hanging around schoolyards... it’s a story of 2 high school kids who were boyfriend-girlfriend.
I and most of the rest of the world will just have to agree to dis-agree with you :-)
I also have a huge problem with jailing people for drug offenses... I side with Wm F Buckley on that..
For anyone pondering this question put yourself in the shoes of the parents of first one of these kids...and then the other... be honest now. I know how hard it can be to honestly look at a difficult question. How hard it is to place yourself on the other side of a rigidly held position.
Rape is nowhere near consensual, but what of the parents pressuring their daughter to file charges of rape and sodomy after she admits to having consensual sexual intercourse with this guy? That could very well be the case here.
Not defending the guy's actions, but I believe the Oregon definition of sodomy includes what Bill Clinton said “is not sex”....
That is indeed the case here..
The grand jury thought so little of this they dismissed the case outright.
The prosecutor laboring under the idea that the grand jury had not dismissed thought so little of this heinous crime that he though 30 days would be a proper punishment. People serve longer for unpaid parking tickets.
God save us all from the legions of morally offended busybodies.
I hope the kid wins the suit, marries the girl, and then they live happily ever after in the lap of luxury.
The only thing that went wrong was proceeding with the case after the grand jury DENIED indictment.
“Apart from that Mrs Lincoln, how did you enjoy the play?”
There's no reason to shout.
third degree rape, third degree sodomy
It means she was under 18, and gave him a blowjob
I you were innocent and had the choice of getting out after 30 days, which he had pretty much already served, or risk 10 or so years, what would you do?
While you might say you wouldn't admit to something you didn't do, you are not inthat situation.
Besides, in most states a confession alone is not sufficient for a conviction without other evidence.
Seems like you and I are in complete agreement.
Yeah. In many jurisdictions, Third Degree rape is any intercourse done with a minor (because "consent" is ineffective). Third degree sodomy is any oral sex done with a minor.
Look at NY Law again
DEVIATE SEXUAL INTERCOURSE means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.So, according to NY Law, engaging in anal or oral sex or cunninglingus with a person under 17 is "sodomy."
So, as the previous poster noted, "sodomy" includes a person getting a blow-job from an underage person.
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