Subject
Re: THOUGHTS: HH and the law (was Lolita in America...)
From
Date
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JS: thanks for the expert feedback. I¹ve located the report on the Times
on-line site
http://business.timesonline.co.uk/tol/business/law/reports/article4629535.ec
e
This will amplify &/or correct the version I constructed from memory
Note first that the girl was only 11 when the hanky-panky started quite a
precocious lass to be cyber-seducing a 19-year old. Next, as my prev email
indicated, it was not a question of the defendant¹s guilt, which was freely
admitted, but an appeal against the jail sentence already passed -- he was
seeking a more lenient, non-custodial sentence on the grounds that the girl
not only consented but actively initiated the liaison.
So, it would seem that UK and USA law agree that ³underage consent² is NO
DEFENSE² but I¹m not clear whether the two systems share the same attitude
when it comes to level of punisment.
skb
On 06/09/2008 18:01, "Nabokv-L" <nabokv-l@UTK.EDU> wrote:
>
>
> Subject:
> Re: [NABOKV-L] Lolita in America ...
> From:
> james studdard <studlaw2000@yahoo.com> <mailto:studlaw2000@yahoo.com>
> Date:
> Sat, 6 Sep 2008 05:55:38 -0700 (PDT)
> To:
> Vladimir Nabokov Forum <NABOKV-L@LISTSERV.UCSB.EDU>
> <mailto:NABOKV-L@LISTSERV.UCSB.EDU>
>
> To SKB:
>
>
>
> I have not seen the Times legal report either. However, accepting your
> narrative and juxtaposing it with USA law I can assure you (after 38 years of
> practicing criminal law) that a child under the age of (in this country) 16
> cannot, absolutely, positively, end of story, give consent to sexual goings
> on. I have handled many cases where the child was 15, looked 25, but, alas it
> is the birthdate and not the appearance that controls. As to the (alleged)
> victim's sexual history, I will suggest that it is inadmissible into evidence
> protected by our "Rape Shield Law." Of course the logic behind the law is
> that a woman (or a man) can consent to sex a dozen times and refuse once and
> the gentleman or gentle lady who transgresses that one time will be found
> guilty of rape. These considerations rarely enter the minds of a pederast
> (the correct name for a pedophile). Usually, a practiced sexual predator
> knows the law and always seeks concealment of the fact.
>
>
>
> BTW, HH would have never conveyed his amorous intentions via Email. His
> ego would have prevented it. HH needed the exhilaration of the empirical
> "reaction" "expression" etc. I have no doubt, however, that Lolita would
> have burned up cyber-space with her fantasies. JS
>
>
>
> Search the archive
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on-line site
http://business.timesonline.co.uk/tol/business/law/reports/article4629535.ec
e
This will amplify &/or correct the version I constructed from memory
Note first that the girl was only 11 when the hanky-panky started quite a
precocious lass to be cyber-seducing a 19-year old. Next, as my prev email
indicated, it was not a question of the defendant¹s guilt, which was freely
admitted, but an appeal against the jail sentence already passed -- he was
seeking a more lenient, non-custodial sentence on the grounds that the girl
not only consented but actively initiated the liaison.
So, it would seem that UK and USA law agree that ³underage consent² is NO
DEFENSE² but I¹m not clear whether the two systems share the same attitude
when it comes to level of punisment.
skb
On 06/09/2008 18:01, "Nabokv-L" <nabokv-l@UTK.EDU> wrote:
>
>
> Subject:
> Re: [NABOKV-L] Lolita in America ...
> From:
> james studdard <studlaw2000@yahoo.com> <mailto:studlaw2000@yahoo.com>
> Date:
> Sat, 6 Sep 2008 05:55:38 -0700 (PDT)
> To:
> Vladimir Nabokov Forum <NABOKV-L@LISTSERV.UCSB.EDU>
> <mailto:NABOKV-L@LISTSERV.UCSB.EDU>
>
> To SKB:
>
>
>
> I have not seen the Times legal report either. However, accepting your
> narrative and juxtaposing it with USA law I can assure you (after 38 years of
> practicing criminal law) that a child under the age of (in this country) 16
> cannot, absolutely, positively, end of story, give consent to sexual goings
> on. I have handled many cases where the child was 15, looked 25, but, alas it
> is the birthdate and not the appearance that controls. As to the (alleged)
> victim's sexual history, I will suggest that it is inadmissible into evidence
> protected by our "Rape Shield Law." Of course the logic behind the law is
> that a woman (or a man) can consent to sex a dozen times and refuse once and
> the gentleman or gentle lady who transgresses that one time will be found
> guilty of rape. These considerations rarely enter the minds of a pederast
> (the correct name for a pedophile). Usually, a practiced sexual predator
> knows the law and always seeks concealment of the fact.
>
>
>
> BTW, HH would have never conveyed his amorous intentions via Email. His
> ego would have prevented it. HH needed the exhilaration of the empirical
> "reaction" "expression" etc. I have no doubt, however, that Lolita would
> have burned up cyber-space with her fantasies. JS
>
>
>
> Search the archive
> <http://www.google.com/advanced_search?q=site:listserv.ucsb.edu=en> Contact
> the Editors <mailto:nabokv-l@utk.edu,nabokv-l@holycross.edu> Visit "Nabokov
> Online Journal" <http://www.nabokovonline.com>
> Visit Zembla <http://www.libraries.psu.edu/nabokov/zembla.htm> View Nabokv-L
> Policies <http://web.utk.edu/~sblackwe/EDNote.htm> Manage subscription
> options <http://listserv.ucsb.edu/>
>
> All private editorial communications, without exception, are read by both
> co-editors.
>
Search archive with Google:
http://www.google.com/advanced_search?q=site:listserv.ucsb.edu&HL=en
Contact the Editors: mailto:nabokv-l@utk.edu,nabokv-l@holycross.edu
Visit Zembla: http://www.libraries.psu.edu/nabokov/zembla.htm
View Nabokv-L policies: http://web.utk.edu/~sblackwe/EDNote.htm
Visit "Nabokov Online Journal:" http://www.nabokovonline.com
Manage subscription options: http://listserv.ucsb.edu/