Judge tells Pedo, you're free, its not your fault

No jail for man who had sex with girl, 13

A South Australian judge has suspended a 21-year-old man's jail sentence for having sex with a 13-year-old girl after saying young Australians did not realise underage sex was a serious crime.

District Court Judge Rosemary Davey said Sasha Pierre Huerta's two-year jail term should be wholly suspended because he was not a predator and his underage victim "was looking for" a sexual encounter, The Advertiser reports.

Huerta pleaded guilty to one count of having sexual intercourse with a person under the age of 14, which Judge Davey lamented was the "kind of criminal conduct ... happening day in, day out" in the "crazy mixed up world we live in".

"In fact, if you ask most 17-year-olds or 16-year-olds whether they know (underage sex) was an offence carrying seven years' imprisonment, they would die with their leg in the air," the judge said according to court transcripts quoted by the newspaper.

"It's just crazy, in my view, that we maintain this law and we do not pass the message on out into the community."

Huerta met the girl last month at a bar, which led to sexually-explicit Facebook interactions during which the girl claimed she was 14.

She dressed "like a 23-year-old" and "presented herself as a woman", including attending bars, the court heard.

"This is a girl who was not a girl who was sitting at home just putting Barbie dolls away," Judge Davey said.

Huerta was sentenced to a two-year jail term, wholly suspended with a two-year good behaviour bond.

http://news.ninemsn.com.au/national/2014/03/17/19/09/judge-says-young-people-dont-realise-underage-sex-is-a-crime

I've always said there should be something to protect you if you pick up a girl in a bar and sleep with her if it turns out she's underage.

Obviously, if you are a sexual predator/pedi, it's different. I mean if it's an honest mistake. If a girl is in a club, then she should be at least 18 as far as you are aware. Phone Post 3.0

If girls lie about their age, how could the guy be held accountable. Many 16 year olds can look 20 or even older.

unless it's very obvious.

Pedophilia will be promoted but at the same time will be kept taboo. they rely on some of this sexual blackmail to keep people in line.

I always said there should be barcode tattoos on women to scan and make sure they're of legal age. Phone Post 3.0

When I was 21 I used to work at a pretty mainstream gym and it was easy to pick up girls. This one group of girls would always come by my apt on the weekends and drink and were all my age. Well one day at the gym they had another girl with them. I invited them to come hang out that night like always and introduced myself to the new girl and invited her as well. Long story short I end up with this girl in my room making out after some drinking games and hanging out. She was really prude so I just kinda gave up on my game and she slept over in my bed and that was it. Next morning I give her my number and we are texting and she tells me she didn't wanna go further because she's only 16 and didn't know if I was ok with that. Mother of god lol. I asked the one girl why she didnt tell me I had a 16 year old girl at my house drinking and in my room. She told me she had no idea that she was that young and that she was from the same neighborhood but the girl was only their on the weekends visiting her mom or some shit. Well there gents that's my only close call and isn't really that good. But in the state I lived in 17 is the age of consent so it was technically illegal and obviously the alcohol part was Phone Post 3.0

Pat Giles - I always said there should be barcode tattoos on women to scan and make sure they're of legal age. Phone Post 3.0
VU man. Sounds like we need to get you in a position of power to get this done. What branch do you think deals with this type of stuff Phone Post 3.0

Judge is correct.  I'm not seeing the problem here. 

Here the law is 16 for consent and 14 if you're within 5 years of age of the person, so basically highschool kids can get with each other without it being statutory rape. I think that's pretty reasonable. But it's still really hard to get punished for this if the girl is even close to the age of consent. Phone Post 3.0

In my late twenties I picked up a chick in an afterhours club at 5am or so.  A club that carded everyone, eighteen and up.  They carded me on the way in, and I was pushing 30 years old.

Took her home, fucked her.  It was certainly not her first rodeo.

In the morning she asked to be dropped off at school.

I assumed we were heading to a community college or branch of a university.

I pulled up way behind the yellow school-busses at her high-school and quickly pulled over.

She was16 years old and a sophmore.

I was pissed, mortified, and scared.  No, I would not "drive her closer to the front please."

She got out.

I whipped a u-turn and got the fuck out of there. 

Could have absolutely ruined my life over an honest mistake.

 

There are certainly gray areas like those mentioned above.  But there are also cases that should never be tried at all.  Like the one I read where the DA prosectued a 16 year old girl and boy for sexting naked pics of themselves to each other.  The pics got out and the DA filed charges against both of them for the production and distribution of child pornography.  What's next?  Arresting children coming out of a bathroom because by taking a pee, they are technically fondling a minor?

EVILYOSHIDA - If girls lie about their age, how could the guy be held accountable. Many 16 year olds can look 20 or even older.

unless it's very obvious.

Pedophilia will be promoted but at the same time will be kept taboo. they rely on some of this sexual blackmail to keep people in line.
Statutory rape laws are black and white. Is she younger than the age of consent? Are you over the age limit? Then you go to jail. No excuses.

I assume this is to keep pedos from manipulating the law, but its fucked up if you meet a girl in a bar and she's only 14. Phone Post 3.0

wtf does "they would die with their leg in the air" mean ?

It's true, he needs understanding and tolerance not jail time.

Who was the judge, Robin Williams? Phone Post 3.0

If a girl LOOKS like an adult, it's not pedophilia.

Pedophilia is a very, very specific term. It does not mean "having sex with a girl who is 17 years 363 days old", nor does it mean "having sex with a 15 year old who looks 21".

It means sexual attraction to sexually immature, pre-pubescent girls.

Pedophilia is a disease, and a dangerous one. I'm not excusing it at all, you can WANT 12 year olds all day long, you just cant DO it, just like any other crime. Just because the through it a disease does not mean the action shouln't be punished (we don't excuse psycho killers do we).

But no one, not even the judge is excusing pedophilia or saying "it's not your fault". No one, so nutty Fox News types, knock it off please.

Who knows in this case but yeah, I've seen girls of 15 that looked way older, were no newbies... and we're out in bars and the like.

And there are 14 yo girls that still look like kids and certainly act like one.

I agree judges should have some leeway in their sentencing. Sure they can fuck up but that's why they have this job. Laws can set boundaries but life is not as clear cut as those boundaries.

^ Right that's the idea of "judging" though. Most people want to take this function away from judges. If you do this then there is no chance for mercy, even when it is deserved.