You don't go to jail for lying
...or do you?
I understand the properties of fraud (the fake id) but age is different because there's not really a law about withholding your age identity.
But I agree, it shouldn't be considered "rape" if both/all parties agree, no matter the age. Even if someone were to press charges (like the parents or whoever) it should not be categorized as rape.
45
·
Edited 9 years ago
deleted
· 9 years ago
Mr. Violence, you statement leads me to want your opinion on a similar subject. Do you feel it can be considered rape if a female consents to it under the effect of alcohol and drugs(not date-rape drugs or similar) and regrets it the next day?
Regardless of what violence has to say, I'd say no, Based on the fact that she CHOSE to consume such drugs or alcohol if she is underage, she is the one breaking the law. If she then goes and convinces someone she is of age (older than she really is) then that is another crime altogether. Both crimes in which SHE committed. As for violence's statement, she did not withhold her age identity if she showed a fake ID, she fraudulently convinced someone else of a fake identity, which IS a crime. She is the only one who should face legal action.
In regards to the substance question, I politely argue yes; though she did choose to consume alcohol and drugs, her judgement thereafter was affected, and thus cannot be trusted. That fact that he must take into consideration, and from then on decide no. However, with the question of fake ID, I agree; she had in that scenario committed fraud, and given that he had no knowledge he was committing an illegal act, he shouldn't have to face charges.
The guest is right, for the most part. A drunk person can't give consent, which is why a bar tender won't serve a drunk person, or a person who under the influence of drugs. However, this being a legal issue, semantics will be argued about the level of intoxication, who initiated, etc. In the strictest sense, this girl is committing conspiracy by bringing an unknowing person into a criminal act.
If she's 40 and you need to ask for an ID, bravo my friend. If she's 16 and shows you an ID that says she's 19 that's statuary rape, also fraud on her part.
One, it would not have been rape if she had been over 18 because she consented. The fact that she had and used a fake ID shows her consent. It is called Statuary Rape because minors are not considered to be legally able to give consent. However the fact that she used an ID to lie about her age shows that she committed fraud and should absolve the guy of any legal consequences provided he can prove that he believed she was over 18, which the ID does.
...or do you?
I understand the properties of fraud (the fake id) but age is different because there's not really a law about withholding your age identity.
But I agree, it shouldn't be considered "rape" if both/all parties agree, no matter the age. Even if someone were to press charges (like the parents or whoever) it should not be categorized as rape.