Making selling kids for sex a felony would hurt the LGB, black and brown communities

Discussion in 'Political Opinions & Beliefs' started by Steve N, Jul 8, 2024.

  1. Maquiscat

    Maquiscat Well-Known Member

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    I am asking you to show me a law that explicitly states that pedophilia is illegal. After that we can talk about you playing with word meanings, since you feel that definitions shouldn't be changed.
     
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  2. yardmeat

    yardmeat Well-Known Member

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    I'm talking about actual pedophilic activity: sexual contact between an adult and a minor. Are you seriously saying you didn't know this was illegal? I highly doubt you didn't know that.
     
  3. Maquiscat

    Maquiscat Well-Known Member

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    Except that is not necessarily pedophilic activity. There are two criteria necessary for it to be such. First the minor must be a prepubescent, so sexual contact between an adult and a teen is not pedophilic. Secondly, the sexual contact must be driven by the disorder of pedophilia. Which brings us back to the point. Pedophilia is a disorder that exists whether or not the person possessing it has ever actually touched a child. Hence why pedophilia is not illegal. The crime you are thinking of is child sexual assault and covers a range outside of pedophilia, does not apply when the adult in question is within the range of the applicable Romeo and Juliet laws, and can be motivated by other than the disorder. By your logic and wording a pedophile is illegal just by existing even if they never touch a child. And the only way for pedophilia to be illegal, under current laws, is to change the definition of pedophilia, which, IIRC, you are against changing the definition of words.
     
  4. garyd

    garyd Well-Known Member

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    It is illegal for an adult to have sex with a child under 18 in every state in the union, in fact both pederasty and pedophilia are illegal in all fifty state.
     
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  5. Maquiscat

    Maquiscat Well-Known Member

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    Show me the law that makes pedophilia illegal. I can guarantee you that not only can you not , I can also show you where sex between an adult and a person under 18 is not necessarily illegal
     
  6. garyd

    garyd Well-Known Member

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    Show me where in the US it is legal. There are a hell of a lot of people in jail for it. Including some female teachers went to jail for banging their underage students.
     
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  7. Bowerbird

    Bowerbird Well-Known Member

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    Oh! It’s an X-cretion! Yep! Valid source Steve / sarcasm
     
  8. Zorro

    Zorro Well-Known Member

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    You seem very defensive.
     
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  9. Bowerbird

    Bowerbird Well-Known Member

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    Dude unless you are against child marriage then you do not realise there is a major avenue for legalised sexual predation in America
     
  10. Bowerbird

    Bowerbird Well-Known Member

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    Child marriage

    End of discussion
     
  11. garyd

    garyd Well-Known Member

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    Yes some marriage laws need to be updated. But how far back do you have to go to find a 12 year old bride out side of the Muslim sections of Dearborn.
     
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  12. Maquiscat

    Maquiscat Well-Known Member

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    See, this is where you have it backwards. In order for something to be illegal, there has to be a law that states that it is illegal. Without a law stating that pedophilia is illegal, it is by default legal. Therefore, I am in a position of proving a negative. My argument is that there is no such law making pedophilia illegal on any law book anywhere in the US, and pretty much most of the world, if not all of it. In such a case, it is up to you to prove where and if a law exists that makes pedophilia illegal.

    Last I checked, most of those female teachers were assaulting teenagers, which means that it was not pedophilia. Nor has a single person been charged with pedophilia as a crime. Once again, since my assertion is a negative, it is up to you to prove the positive and show me where the charge was pedophilia.
     
  13. Maquiscat

    Maquiscat Well-Known Member

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    That would be the incorrect answer. Simply put, there is not a single law out there that makes pedophilia illegal. If there is no law, then by default, it is legal. Marriage isn't even a factor in that.
     
  14. Alwayssa

    Alwayssa Well-Known Member

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    No matter who has sex with a little boy, whether man or woman, is a crime. One. The law applies to all, period. Trying to make this LGBTQ shows true ignorance of what the law was all about.
     
  15. Alwayssa

    Alwayssa Well-Known Member

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    A pedophile is a person who is sexually attracted to children. State laws determine what a child is. And state law determines, generally, what it means to have sexual acts with a child. They don't use the word "pedophile," but

    I will give you my state law: Texas Statutes define a child as "a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes."

    For a pedophile to be convicted, a person must have sex or caught in the act of having sex with a minor under state law. These laws are called "indecency with a minor" And it can apply to minors, at least in my state as well. It becomes statutory rape if the child is under 14 years old. But it is the vernacular of what a pedophile is.

    However, we used to have sodomy laws. Sodemny laws mean sexual acts through the rectum and are generally applied to the LGBTQ community. But that law was ruled unconstitutional by SCOTUS a while back. Somehow, the GOP wants to put the government back in the bedroom again even with consenting adults which the GOP thinks that is pedophile as well. Go figure.
     
  16. Maquiscat

    Maquiscat Well-Known Member

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    Specifically, a pedophile is a person who is sexually attracted to pre-pubescent minors. Sexual attraction to pubescent minors is ****philia, while post pubescent is ephebophilia.

    State laws determine what a minor is, not what a child is.

    Of course they don't use the word pedophile, because one, it's a disorder, not an action. And two, it's too limited, when it is minors of all three categories that they wish to protect.

    Did you note that in that definition of "child" it included adults as well? Further, per your quoted part, a person under 18 might not be considered a child, especially if they are married prior to becoming 18.

    Again, a pedophile is only pre-pubescent minors, so the conviction is not that of pedophilia

    Child sexual assault is the most common legal name nowadays.

    Then it is definitely not pedophilia unless the older of the two is at least 16 AND there is at least a 6 year difference. But I'll bet that we can find cases where those conditions were not met.

    Statutory rape is a crime where the "victim" might have actually be able to provide informed consent, but the law claims that they can't.

    A pedophile is a person who has the disorder that causes the sexual attractions to pre-pubescent minors. Further the disorder has an impulse control aspect, which can vary in intensity. It is why some pedophiles are able to resist their impulses, and others cannot, or at least have a harder time doing so. Pedophilia is a disorder, not an action.

    Incorrect. Sodomy is any penetrative sexual act that is not penis in vagina (PiV). Oral sex is a part of the actual definition of sodomy. Because it is the crime that was most applied to gay men, it became associated with anal sex. But we can look back to many cases, where we can see that it was not limited to anal. In Bass v State (GA), it was stated, “Sodomy is defined as any sexual act involving the sex organs of one person and the mouth or anus of another.”
     
  17. Alwayssa

    Alwayssa Well-Known Member

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    You are playing semantics here with the law. In either case, we do have laws which protect the child, also known as a minor. The Texas statute, which I gave the link, defines what a child is. Whether you want to use minor or child makes no difference under the eyes of the law. Pedophile is a vernacular term in Webster's dictionary. The legal statutes use more specific terms and clearly defined definitions and phrases, such as indecency with a child or improper relationship between an educator and a student. Also, there is no such thing as "sexual assault" under the law. There is rape and statutory rape. The difference is the age of the victim. Any child, or minor under the age of 14, even if the perp is also a minor, caught in the act of indecency with that child under the age of 14, statutory applies. There is no affirmative defense. If the child is a minor and the perp is a minor, then an affirmative defense of "consensual sex" may be used by the defense. We have sexual assaults in this country, aka rapes, most notably date rapes, and most of those go unreported to the police. the woman does not want to go through the trauma, especially if will cause embarrassment to the woman because she drank too much or was too trusting of the person. Thus, if you want to use the vernacular of sexual assault, then the legal term and definition is rape or statutory rape depending on how old the victim is. The law here is quite specific whether it is in Texas or even in California.


    Second, we have had far more heterosexuals caught with having sex with a child than gay people in this country under the improper relationship. Some got their claim to fame on national news media. We have had recent reports of child sex trafficking rings being raided with several dozen people getting arrested, including the johns. These are young girls forced into prostitution. Heterosexual men are the primary culprit although men and women who ran the ring also were caught. They are not described as pedophiles. So trying to make this exclusively about "gay people" ignores the harsh realities of what is happening.

    Finally, you are trying to sound smart here, but you are not. If you want to use the legal terms, then use them. Venacular terms are just that, generic terms. But under the law, even in California, the legal terms and definitinos is what matters. And I gave you that under Texas Statute, specifically, verbatim.
     
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  18. FreshAir

    FreshAir Well-Known Member Past Donor

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    sex with a minor is illegal in every State

    and the, "but Joseph and Mary did it" excuse doesn't fly

    [​IMG]

    "Alabama Republican Defends Roy Moore: ‘Mary Was a Teenager and Joseph Was an Adult’"

    https://lawandcrime.com/high-profil...-mary-was-a-teenager-and-joseph-was-an-adult/
     
    Last edited: Jul 10, 2024
  19. Maquiscat

    Maquiscat Well-Known Member

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    i didn't ask you to show that sex with a minor is illegal. I asked you to show that pedophilia is illegal. Don't change the question. That is a strawman fallacy.
     
  20. FreshAir

    FreshAir Well-Known Member Past Donor

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    that is sex with a minor, sexually molesting, sexually harassing, possessing porn of a minor, etc... it's illegal everywhere in the country

    now if you're talking about these teen beauty pageants like Trump ran, don't think they are illegal, even if you go into the dressing room as a man it seems
     
    Last edited: Jul 10, 2024
  21. Maquiscat

    Maquiscat Well-Known Member

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    No, pedophilia is not sex with a minor, nor are any of those things. In fact they are separate and different crimes from each other. Try again, or post your proof otherwise.
     
  22. FreshAir

    FreshAir Well-Known Member Past Donor

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    actions are what is illegal, not thoughts if that is what you mean

    now there is debate on AI generated Child Porn which I agree should still be a crime as it still puts children at risk, even though no children involved

    if we just went by thoughts, this guy would of been arrested just for defending it

    "Alabama Republican Defends Roy Moore: ‘Mary Was a Teenager and Joseph Was an Adult’"


    https://lawandcrime.com/high-profil...-mary-was-a-teenager-and-joseph-was-an-adult/
     
    Last edited: Jul 10, 2024
  23. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    If what was described in this article is true then I agree with them vetoing the original bill and changing it.
    https://reason.com/2024/07/08/california-democrats-water-down-sex-trafficking-bill-good/

    As introduced, the bill would have raised the offense to a felony and the punishment up to a possible four years in state prison and a fine of $25,000, "regardless of whether" defendants knew or should have known the person was a minor and regardless of whether defendants were themselves above age 18. It also included sex offender registration requirements.

    This may be an unpopular opinion but I agree with this. Let's by no means misunderstand my opinion here, I saw a newly resurfaced article from many years ago about what a father did to a guy he found molesting his 5 year old daughter in Texas and I'm so glad he faced no charges and I genuinely believe he deserves a medal from the Governor for that. I fully understand and support wanting extremely harsh penalties to protect children but we as a society do have to be reasonable when it comes to making laws like this. There are still some places where you can be arrested and forced to register as a sex offender for drunk pissing on the side of a building. That's not protecting women or children that's just stupid.

    When it comes to dealing with teenagers these incidents do need to be judged on an individual case by case basis in my opinion and not blanket harsh penalties. I used to live and work in a very popular beach resort town where the city would host the largest spring break bashes in the nation every year even beating out Miami beach a lot of times. Not sure about the laws now but back then there were laws to where if a minor was caught drinking at your establishment then you lost your liquor license even if they had a fake ID. If you picked up a girl from the bar and she turned out to be under age then that's YOUR ass AND the establishment's ass. So when working at bars and restaurants back then we had receive training on how to spot fake ID's and were given permission to just flat out refuse entry to people we didn't think were of age regardless of what their ID said

    I was never a fan of laws like that. I get what they are trying to do but we have to be reasonable. If you are in a bar that is 21 and up it's "reasonable" to assume that everyone in said establishment is 21 years old or more because thats the legal minimum age to get in there. If it turns out they aren't then it's unreasonable in my opinion to expect you to have known that. But that's still the law in some places and I feel like it's one of the unintended consequences of these blanket child protection laws. Yes there absolutely is a difference between a guy unknowingly hooking up with a 17 year old he met in a bar with a fake ID vs a teacher knowingly hooking up with his or her high school students. It boils down to intent, one of them was intending to have sex with a minor and the other one wasn't. One of them is a predator and the other one isn't.

    Same applies here with this law. It sounds like in it's original form the law wouldn't have cared if you did it intentionally or not. Not quite the same because this sounds like they are talking about prostitution which doesn't exactly have the same business legal standards as a bar or club does in the form of ID checks and whatnot. But still, even if you are some loser out here soliciting prostitutes for some reason and the prostitute a turns out to be a teenager with a fake ID that you checked then you should have the opportunity to argue your case in court about how you weren't intending to seek out a minor you were lied to. Easiest solution is to not be a loser who solicits prostitutes in the first place and save yourself any issues like this.
     
    Last edited: Jul 10, 2024
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  24. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    Thats not true at all....Like 40% of the country has the age of consent at either 16 or 17. In some States it's even as low as 14 as long as the "adult" is 18. Engaging in pedophile sexual activity is yes illegal in all 50 states.
     
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  25. Maquiscat

    Maquiscat Well-Known Member

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    I am no more play semantics than you are. And certainly no more so than any of the arguments that say same sex can never be marriage, or that trans men and women are not real men and women.

    Yes we do have laws that protect minors and rightly so. And I've pointed out the flaws in your use of the Texas definition in trying to apply it to what your point is.

    Let's look at what Merriam-Webster has to say shall we?

    Both the terms disorder and prepubescent are present.

    Of course since they need to cover situations outside of a disorder, to address actions that affect more than prepubescent minors. Which is why pedophilia itself is not illegal.

    That extends beyond minors and applies to adults as well. Red herring.

    There is no such thing as pedophilia under the law either. You can't have it both ways.

    You are incorrect there as well. The difference is whether or not the law considers the individual capable of providing informed consent.

    While legal age can be a factor, it is not the only possible factor as your statement makes it out to be. Further, your one quoted link earlier pointed out that if married and under 18, then it is not statutory. Again, the term basically means that the law does not recognize a person's ability to provide informed consent. A 30 year old who has sex with a person who is 18 years old on their 18th birthday, is not committing statutory rape, while that same 30 year old having sex with that same younger person 24 hours earlier is committing statutory rape. Is it you position that those 24 hours made a difference in the younger person's actual ability to provide informed consent?

    Not necessarily. Yes in Texas, which is where you seem to be drawing most of your positions from. It depends upon whether a given state has a minimum or not, what it is if so, and whether they have Romeo and Juliet laws or not. California does not have R&J laws for example.

    Red herring. The sexual orientation of a person who commits child sexual assault (let's go with the wording on most laws) is both irrelevant to the fact that they sexually assaulted a minor, and irrelevant as to whether or not they are a pedophile. For that matter any dealing with the assailant's sex or gender is also irrelevant.

    Well that strawman came out of left field. Do please quote me as to when I ever brought up either orientation, sex or gender with regards to my position that pedophilia is not illegal. Or perhaps you are confusing me with someone else?

    Seems to be the appropriate thing given that we are talking about whether something is legal or illegal.

    Except pedophilia is not even vernacular for the way you are trying to use it, as shown by my quoting of the very dictionary you claimed says it was.

    Which still does not show pedophilia as illegal.
     
    Last edited: Jul 10, 2024

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