Re: Community shock over vicar's porn charges


"Cynic" <cynic_999@xxxxxxxxxxx> wrote in message
news:kaq5b35gj803bbuvsrhkceuk9q5bn5bdjj@xxxxxxxxxx
On Fri, 03 Aug 2007 07:15:36 GMT, "Raisa Pottlard
." <Raisa.Pottlard@xxxxxxxxxxxxxxx> wrote:

So what? The same is true of 18. It is impossible to reliably
determine whether a person between the ages of about 16 to 20 is under
or over 18. It simply shifts the problem up by 2 years.

But it would be a reduced problem.

What problem are you thinking of?

Whatever it was that you were referring to.


How does removing the element of doubt circumvent the
principle of justice?

When it changes something that should not be a crime into something
that is a crime, just to ensure that there is a greater certainty of
convicting for the target crime.


You have lost sight of perspectives. Which particular definition
of crime did you use, that accurately reflect your personal opinion
or that as defined by the law?





If the defendant is in fact a paedophile, he would not be interested
in images of anyone as old as 16 in any case. A man who is interested
in images of a 15 year old who appears to be quite a bit older would
not be perverted or abnormal in any way.

How did you arrive at this conclusion?

By reading books that give the definition of paedophilia and books
that describe normal sexual development. A normal heterosexual man
will be sexually attracted to girls who have completed puberty,
*whatever* her age. Society demands that he refrain from *acting* on
that attraction if the girl is below a certain age. A paedophile OTOH
is sexually attracted to *pre-pubescent* children. Society demands
that he may only act on that attraction if the child is above the
designated age. Which will be close to zero when the designated age
is significantly higher than the normal age of puberty.

I'm sure I am stating the bleeding obvious, but sexual arousal to a
photograph will be dependant upon the *appearance* of the person in
the image, not their chronological age, even if it is known.


I see it's a binary world that you inhabit.



And although you may protest that the police would never actually
bring charges against a person who has images only of a 17 year old
(which I would agree in the normal case), I wonder whether it might
happen in the case of a man having a relationship with a 17 year old
which an influential parent is totally against, and the parent demands
that charges be brought after discovering a few compromising
photographs in the posession of the man?

That is indeed an anomaly but perhaps not without underlying logic.

As I stated, the underlying logic is to ensure that the guilty do not
"slip through the net" by raising the post - and therefore convicting
a higher percentage of innocent as well.

The underlying logic extents slightly further than that, I think.
What is meant by "innocent"?



My point is that it *did not matter* if a court was unsure of the age
of the child and so gave the defendant the benefit of the doubt,
because the defendant would have had a similar problem, and so would
not have known for certain that he had illegal material. The aquittal
would therefore be perfectly justified, because if the defendant did
not know that the child was underage, he did not commit an offence
(lack of intent).

There are circumstances where ignorance is not a defence but
I see your point. Lack of effort is a defence.










.

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