Iraqi refugee rapes 10 year old boy, Supreme court thinks boy gave consent

[XangXu]

Once again this is a problem of Muslim culture not mixing with Western culture.

In the east, getting horny is viewed upon as a medical issue that has to be dealt with. It's like things like "virginity" or "getting horny" are on the same level as "getting your period".

In western culture, we expect normal people to click on the internet for fast, hot, free porn and get their business done with a quick wank.

This doesn't work the same way in Muslim culture. A "sexual emergency" needs to be dealt with, apparently.

[Deleted]

Wasn't Gillard quite nuts though? Also, there are a lot of crazies in Europe: Le Pen in France (and her daddy is even worse), whose party has been doing pretty well on elections; Orban, that neo-nazi; Berlusconi, the main European clown for years... I don't think Trump is unique for the US, he probably is just an extreme brand of crazy, compared to all the mentioned folks.

Le Pen and Orban are right-wing in the sense that they are nationalists; same with our Strache. The difference is that Western Europe doesn't really have a crazy conservative religious wing as a major voterbase on top of it. Trump kiiinda caters to both (even though it seems that he has lost some conservative voters lately)

That said Berlusconi is indeed...well, Berlusconi. Yeah, that sums it up well enough.

[Deleted]

The re-trial is not expected to begin until next year, with the defendant remaining in custody.

So the rapist stays in prison until then and then he'll probably get sentenced to jailtime again anyway.

Police statistics in Germany showed that sex offences make up a tiny proportion of crimes committed by refugees and migrants in the country, which are mostly related to transport and documents

And this is interesting, too. No need to "throw everyone out" Trump-style.

[Forogil]

Because I want a different and harsher punishment for a guy that pulls a knife and forces sexual intercourse compared to a guy that sleeps with some underage girl that is too young for him.
That is why there's a difference.

What if the child is 5? Does it matter to you if the guy pulls a knife or not? What if the child was sleeping?

But to get to the point: It's because each country has different legal definitions.

But they can also be changed.

[Forogil]

Then it would still matter because the law looks at age-brackets.

And you make the age-brackets such that such that the consent is irrelevant in the lowest one - as is the case in e.g. the UK.

Why?

Because interrogating a 5-year old if they consented, resisted, or was asleep, or just froze is both morally wrong (according to Austrian law it seems only one of those classify as rape for a 5-year old) and likely adds to the trauma for child.

[May90]

Le Pen and Orban are right-wing in the sense that they are nationalists; same with our Strache. The difference is that Western Europe doesn't really have a crazy conservative religious wing as a major voterbase on top of it. Trump kiiinda caters to both (even though it seems that he has lost some conservative voters lately)

That said Berlusconi is indeed...well, Berlusconi. Yeah, that sums it up well enough.

I agree with what you said, to an extent. Also, Trump is an outlier: there have been crazy candidates before, but he moved it to another level. In the past, joke candidates (Rick Perry, or Sarah Palin, for example) didn't get anywhere beyond regional support - and I doubt it will be much different in the future, after anti-Islamic hysteria has calmed down and people have returned to their senses.

To be honest, I don't think Berlusconi was nearly as bad as Trump.

[Deleted]

To be honest, I don't think Berlusconi was nearly as bad as Trump.

He's bad in a different way. Trump is probably a lot less corrupt and rotten - just look at the list of trials and allegations involving Berlusconi.

[Mayhem]

Do they apply? Another poster stated that the age of consent was 14.

However, more importantly: should the laws apply in this way? Why not state that below e.g. 13 years old the consent is irrelevant, with the same penalty - i.e. always treat that as if threat was used. And then have another set of laws that include victims below e.g. 16 years old (and/or based on age difference) - where consent matter.

You might disagree with this - but you should recognize that it is a valid position to take, and we don't need to have one law that doesn't differentiate between victims that are 2-year olds, 10-year olds or 15-year olds.

You do understand that you´re talking about two wildly different legal systems?

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So the rapist stays in prison until then and then he'll probably get sentenced to jailtime again anyway.

He´ll get sentenced to even more jailtime, because one of the two convictions stands.

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What if the child is 5? Does it matter to you if the guy pulls a knife or not? What if the child was sleeping?

Doesn´t it matter to you if the person pulled a knife on top of abusing a child? Shouldn´t they get an even longer sentence?

[XangXu]

There is nothing racist with my statement. I said "Muslim" as in "Human being that believes in fairies"


It has nothing to do with race.

Honestly, NO religion lines up with western or even MODERN culture, including Christinity. We just let those fairy beleivers off the hook for some reason.

[Mayhem]

And you make the age-brackets such that such that the consent is irrelevant in the lowest one - as is the case in e.g. the UK.

Consent is irrelevant!! God damnit what is wrong with you?

Because interrogating a 5-year old if they consented, resisted, or was asleep, or just froze is both morally wrong (according to Austrian law it seems only one of those classify as rape for a 5-year old) and likely adds to the trauma for child.

Ok, you either don´t care enough or are too stupid to read what people talk about, it´s not about the consent of the child, never, not in this case not in any other comparable to this one. It´s about if the perpetrator not only raped a child but also used excessive force.

The first leads to a sentence of 1-10 years the second leads to another sentence of 1-10 years with a combined total maximum jailtime of 20 years.

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To be honest, I don't think Berlusconi was nearly as bad as Trump.

I kindly disagree. I think they are neck and neck.

[Forogil]

You do understand that you´re talking about two wildly different legal systems?

You do understand that I am talking about how the law SHOULD be - not how it is? That is advocating changing the laws.

Doesn´t it matter to you if the person pulled a knife on top of abusing a child? Shouldn´t they get an even longer sentence?

Does it matter? Yes. Should they get a longer sentence if the victims is a 5-year old? No, it should be as severe sentence even without that.

[Mayhem]

You do understand that I am talking about how the law SHOULD be - not how it is? That is advocating changing the laws.

I´m glad we don´t have the system the UK and the US use, so nope to that.

[Forogil]

Consent is irrelevant!! God damnit what is wrong with you?

With consent the maximum sentence is 10 years, when using force (and some other cases) which requires non-consent the maximum sentence is 20 years.

Therefore: Consent is relevant - but in my opinion consent should be irrelevant.

IRRELEVANT means that it doesn't matter, not cutting the sentence IN HALF. That I want changed.

Similarly if someone stated that Austrian law stated that rape gave 10 years and was called "sexual assault", and only if it was a virgin was it classified as rape with an additional 10 years sentence, I would also object since virginity should also be IRRELEVANT for that crime.

[Mayhem]

With consent the maximum sentence is 10 years, when using force (and some other cases) which requires non-consent the maximum sentence is 20 years.

Therefore: Consent is relevant - but in my opinion consent should be irrelevant.

IRRELEVANT means that it doesn't matter, not cutting the sentence IN HALF. That I want changed.

Similarly if someone stated that Austrian law stated that rape gave 10 years and was called "sexual assault", and only if it was a virgin was it classified as rape with an additional 10 years sentence, I would also object since virginity should also be IRRELEVANT for that crime.

Ok, i give up, you have no idea what you´re talking about. Consent doesn´t matter, at all, it´s about how severe the actions of the perpetrator were, on top of the child abuse charges.

Therefore: consent is not relevant

[May90]

He's bad in a different way. Trump is probably a lot less corrupt and rotten - just look at the list of trials and allegations involving Berlusconi.

Yes, but I would take personal corruption (small on the scale of the whole economy) over outrageous ignorance and bigoted policies every day. If Berlusconi was running against Hillary, this election would look much less wacky!

I kindly disagree. I think they are neck and neck.

Berlusconi, at least, is positively funny and silly.

[Deleted]

Yes, but I would take personal corruption (small on the scale of the whole economy) over outrageous ignorance and bigoted policies every day. If Berlusconi was running against Hillary, this election would look much less wacky!

If the choice was either Trump or Berlusconi, I have no idea who I'd vote for. Like I said, they are both really bad in their own way, and I am really not sure who'd be worse as a head of state.

Not that we in Austria have amazing choices, but jeez, they are so much better than those two.

[maunazero]

How do you determine that a child at the age of 10yo is of right sound and mind to give someone twice their age the consent to rape them? This, i'm just, I have no words. I have lots of anger and disbelief. Just no, the damage that poor baby will go through for the rest of his life because someone had "urges" and "hadn't had sex in OMG FOUR MONTHS". Sometimes lethal injection is the only cure for these types of crimes. Hate on me if you want but the peace knowing at least he isn't out there is something. Then again they probably do not have the death penalty.

[Forogil]

So a guy in his 20's that sleeps with a 14 year old because she thinks he is charming should get the same sentence as a guy that forces a 10 year old to have sex?

I don't understand why you are that focused on sex with a 14 year old girl - since it was already answered.
The one sleeping with a 14-year old can get a lighter sentence than the one attacking a 10-year old - due to the AGE of the victim (and in some cases the age of the attacker also matters).

If he sleeps with a 10 year old (or 5 year old) the consent should not matter. What is worse in Austria is that non-consent isn't enough - if a 10-year old doesn't resist, but just freezes, was asleep, or possibly was threated in an indirect way - then the rape-charge disappears.

Note that another part missing from the text was that the sentence was 6 years, and the sentence for both sex with a minor and rape are as default each 1-10 years in Austria, but increase to 5-15 years; if the victim is seriously injured - which the prosecutor claimed.

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Ok, i give up, you have no idea what you´re talking about. Consent doesn´t matter, at all, it´s about how severe the actions of the perpetrator were, on top of the child abuse charges.

For those charges the consent is relevant under Austrian law. Do you really have no idea that I am actually talking about the entire case?

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Berlusconi, at least, is positively funny and silly.

You mean Bunga-Bunga-party sounds funnier than "Grab 'em by the **" - and to his credit Berlusconi was rich enough to actually pay for prostitutes.

[Noradin]

How do you determine that a child at the age of 10yo is of right sound and mind to give someone twice their age the consent to rape them? This, i'm just, I have no words. I have lots of anger and disbelief. Just no, the damage that poor baby will go through for the rest of his life because someone had "urges" and "hadn't had sex in OMG FOUR MONTHS". Sometimes lethal injection is the only cure for these types of crimes. Hate on me if you want but the peace knowing at least he isn't out there is something. Then again they probably do not have the death penalty.

Congratulations, you are another one who let themselves be mislead about what this decision was about.

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I don't understand why you are that focused on sex with a 14 year old girl - since it was already answered.
The one sleeping with a 14-year old can get a lighter sentence than the one attacking a 10-year old - due to the AGE of the victim (and in some cases the age of the attacker also matters).

But you are the one who wants to make age matter in the sense that criminals would get let off free for using additional violence against small children but have them punished if they use it against people above the age of consent.

[Forogil]

But you are the one who wants to make age matter in the sense that criminals would get let off free for using additional violence against small children but have them punished if they use it against people above the age of consent.

Do I?
Or could it be that I want the sentence for the attack against small children to be more severe in general, as previously stated?