How would you handle this if you were the DA?

jimpeel

Well-Known Member
http://www.foxnews.com/story/0,2933,312146,00.html

Suburban Atlanta Police Charge 3 Boys, Ages 8 and 9, With Rape, Kidnap of Girl, 11

ACWORTH, Ga. — Three boys ages 8 and 9 are under arrest for allegedly raping an 11-year-old girl in the woods near an apartment complex, police say.

The girl's mother reported the alleged rape Sunday, leading authorities to charge the boys with rape, kidnapping and false imprisonment charges.

...

The boys' names were being withheld because of their age.

Prosecutors have not decided whether to try the suspects as adults.

<more>

Only two nations on the face of the earth -- the United States and Somalia -- have not signed the "UN Convention On The Rights Of The Child".

If we ever do, something Bill and Hillary Clinton wanted us to do, we will have this to contend with. Now ... Here is the conundrum.

http://www.unhchr.ch/html/menu3/b/k2crc.htm

Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.

...

Article 37
States Parties shall ensure that:
(a) ...;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) ...;

(d) ...

...

Article 40
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

2. ...

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law; (That age has been loosely established as ten years old.)

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
 

Professur

Well-Known Member
Shoot the lot, and their entire extended families. Any environment that breeds 8 year old rapists needs to be exterminated. In fact, napalm the entire neighbourhood, and nuke their school (during class hours) jsut to make sure you get it all.
 

chcr

Too cute for words
Shoot the lot, and their entire extended families. Any environment that breeds 8 year old rapists needs to be exterminated. In fact, napalm the entire neighbourhood, and nuke their school (during class hours) jsut to make sure you get it all.

Sounds like a game of "I'll show you mine if you show me yours" that went a little too far and the girl is trying to lie her way out of it to me. How old were you when you first started learning the difference?


Quick, who can we sue?
 

jimpeel

Well-Known Member
Sounds like a game of "I'll show you mine if you show me yours" that went a little too far and the girl is trying to lie her way out of it to me. How old were you when you first started learning the difference?


Quick, who can we sue?

Or maybe the boy wanted to try out his recently descended testicles? :D
 

Professur

Well-Known Member
Sounds like a game of "I'll show you mine if you show me yours" that went a little too far and the girl is trying to lie her way out of it to me. How old were you when you first started learning the difference?


Quick, who can we sue?


Hey ... being reasonable in the Real World isn't allowed. Moderator!!!! Moderator!!! Someone Kiddy Korner this trouble maker. Moderator.!!!
 

Gonz

molṑn labé
Staff member
Or maybe the boy wanted to try out his recently descended testicles? :D

at 8 or 9? Feasible, I suppose but not likely.

With the little info I've seen, it looks more like someone pushing for rape charges. I just can't wrap my mind around the physical ability at that age.
 

jimpeel

Well-Known Member
at 8 or 9? Feasible, I suppose but not likely.

With the little info I've seen, it looks more like someone pushing for rape charges. I just can't wrap my mind around the physical ability at that age.


The part about the decsended testicles was obviuously a joke as they descend at 5-7 years old and have nothing to do with erection, etc.

Boys get erections at every age even infancy. The ability to achieve orgasm at ages as early as 6 are not uncommon although there is no ejaculate at that age; only the good "tickly" feeling.

How much in-school sex education has to do with childhood experimentation is up for speculation.
 

Gonz

molṑn labé
Staff member
Able to achieve an erection....yes. Having enough erection to call it rape?
 

unclehobart

New Member
If guilty, they need to go to juvi lockup until 18 and hopefully rehabbed into some form of civility before they hit the streets... or else they will be right back in inside of a year.
 

Gonz

molṑn labé
Staff member
If guilty, they need to go to juvi lockup until 18 and hopefully rehabbed into some form of civility

So, upon finding children guilty of a major crime, we turn them over to the system to straighten them out? The legal system? The penal system? Possibly the welfare system? You gotta be kidding.

Eight & nine. That's still Sesame Street age (yes, it's on the high end). WHat, 3rd grade?
 

ResearchMonkey

Well-Known Member
If guilty, they need to go to juvi lockup until 18 and hopefully rehabbed into some form of civility before they hit the streets... or else they will be right back in inside of a year.

here, its called Galdiator School, ....talk about componding the problem....
 
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