R. Kelly: Ongoing Legal Process

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Tracer I think yr. wrong. You're talking abotu cases of actual rape where the moral character of the girl is called into question -- the disgusting "she was asking for it" defense which should be taken out and shot.

This is a purely statutory case & statutory laws are most often used when there is consent on all sides and therefore they are the ONLY laws which can be used. & further as it is straight age-based and no issues of consent are allowed or permissible, any arguments at all beyond "did they?" and "how old?" rilly matter in court.

Sterling Clover, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

but they can sentence the guy to a) nothing b) community service c) parole d) a little jailtime e) a lot of jailtime, and that all hinges on how predatory the prosec. can paint the picture.

and maybe the guy IS predatory. what about that? even if she says "yes"? if, god forbid, i ever have children, i don't want 20- or 30-somethings convincing my 14 year old to say "yes". is that conservative or reactionary of me?

Tracer Hand, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Tracer I think yr. wrong. You're talking about cases of actual rape where the moral character of the girl is called into question

No, I think he's talking about stuatory rape charges where (in the absence of parents introducing protective moral opprobrium into the situation) someone attempts to demonstrate that "it wasn't so bad" because the victim was "just that sort of girl" -- i.e., "of course it would be terrible if someone laid his hands on a pristine middle- class blonde girl, but this was just some ghetto skank who does this all the time anyway." Given your arguments above, Sterling, I can't tell whether you'd suggest that that argument should be "taken out and shot" or rather celebrated for acknowledging "the messy ugly world of emotions & expectations."

Also your contention that this is "a purely statuatory case" is a little odd insofar as everything I've read about it indicates that there's no statuatory rape charge and only a production-and- dissemination of child porn charge: in the legal sense what you (and R. Kelly) need to be arguing is not that it's okay to have sex with teenagers but that it's okay to document it as entertainment. I.e., not "are teenagers competent to consent to sex" but "are teenagers competent to consent to appearing in pornography," which I think is a slightly harder argument to make.

nabisco%%, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

nitsuh: but as tracer point out, without the parents, that case wouldn't happen anyway coz the parents tend to be the ones who push them. as for the rest -- i doubt she did consent to appear on film but then they can't press those charges against him since the person they think it is denies it. Also if he did manufacture it, as far as we know it was for his personal use. So if r can have sex with her then can he watch himself doing so? duh. and while on v. v. dicey moral and ethical ground, it seems legally permissible to film someone without their knowledge.

I mean, for the girl, I maintain that the worst thing to come out of it is that there are videotapes of her having sex floating all over chicago. A bad sexual experience doesn't necessarily ruin somebody's life, but fifteen minutes of shame damn well can.

Sterling Clover, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

WON'T SOMEONE PLEASE THINK OF THE PARENTS

:)

Tracer Hand, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Tracer: no, it's not conservative or reactionary and is totally understandable. But looking to the govt. as the solution is what I'm talking about -- i.e. that some law can prevent someone from sweet-talking yr. kid.

Sterling Clover, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Whatever *did* happen to that person Rob Lowe was on the video with?

Ned Raggett, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

sheesh Sterling you sure are coming off real Ted Nugent here. Though I suspect we're just not gonna connect I'll ask you: you say we need a better system than years alive on planet earth to determine when it's legal to fuck an adult. what's the system?

Tracer Hand, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Flip a coin!

Dan Perry, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

I'm waiting for Sterling's defense of pedophile priests.

J Blount, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

if r kelly is not imprisoned then there will be no laws and everybody will be in ANARCHY!

Okay, you wanna play that snotty game, Humbert Humbert...listen up. You seem very gung ho that there should be no age of consent on the basis that people mature at different ages. Fair enough. So then why have a legal drinking age, legal smoking age, legal voting age, legal age to join the army, legal age to leave school, legal age to get married, legal age to drive...etc etc etc. I'm not saying I disagree that each case is slightly different or that R. Kelly isn't being singled out for being a star - though I WILL point out that I've seen plenty of stories on the news when I lived out west of men getting arrested for statuatory rape so that's not even entirely true - but I am saying your argument is asinine unless you want to abolish all legal age laws. Which if you do, fine, and quite frankly I don't disagree with the idea, but they are there for a reason. And like ALL legal age laws, the police aren't going to catch everyone who breaks them all the time, nor do they make much of an attempt to. But if you MAKE A VIDEO OF YOURSELF DOING IT AND LET IT OUT, of course they're going to make an example of you. That's how life works.

Calm down anyhow. The police aren't coming after YOU, your 13 year old girlfriend is imaginary anyhow.

Ally, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

zowie!

dyson, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Bowie? She's too old for this thread.

Ally, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

"Tim: you had fun, he had fun -- why was he stupid?"

Because he opened himself up to legal liability - seriously, that's all I reckon he was stupid about (I don't think contextually he needed to worry about traumatising me). It's undeniable that these laws are arbitrary, but I'd argue that they're also v. necessary - at the very least in terms of making "offenders" really think through what they're doing. It's easy enough to fuck up people who are adults by not thinking through consequences of what you're doing, and with kids/adolescents it's doubly easy. Yeah, of course a teenager who sleeps with another teenager is just as likely to be fucked up by the experience, but the difference is that we don't presume the "offender" in that situation necessarily has the capability to reason through their choice of path. Thus we make it one law for adults and one law for kids for the very same reason that we send kids to juvenile detention centers rather than jails and try to keep them off death row.

The question you're asking ("what if she got something out of it, too?") would, in the hands of less intelligent and more prejudiced people (of which there are lots) come down to "was she asking for it?" - which I think we'd all agree is dangerous. Arbitrary age-based laws at least have the advantage of being clear-cut. Presuming you know how old your partner is, you then automatically know whether you will be breaking a law, and you can enter into the situation without any ambiguities of the possible consequences (this is exactly why these laws *aren't* an example of Big Brother legislating emotional trauma - the laws avoid that precisely because they are so arbitrary and impersonal).

Tim, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Reality check here. A rich, famous superstar has himself VIDEOTAPED pissing on a FOURTEEN-year-old girl. And there are people seriously arguing that he DOESN'T deserve to go to goddamn prison for this?

Also: there are people seriously arguing that he's being UNFAIRLY persecuted for this because he's famous?

Douglas, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

looks like just sterl, douglas

Josh, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

Though I suspect we're just not gonna connect I'll ask you: you say we need a better system than years alive on planet earth to determine when it's legal to fuck an adult. what's the system?

"You must be at least 42 inches tall to ride this ride."

Ally, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

"Ride" in the Lil' Kim sense, right?

Tim, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

answer: effective consent. laws which examine each individual case in the particulars and ask if the person was able to consent (maturity) and if they DID so.

Abuse can and does exist. It is bad and should be punished.

People can be jerks/emotionally manipulative, etc. It is IMPOSSIBLE to regulate that.

Tracer: if you're concerned about yr. hypothetical child then the main thing is to empower them to make good decisions -- which means sex education (which barely exists in the U.S.) that grapples with how people actually live, rather than bible codes. Sex is the only area where certain otherwise rational people will accept laws which are guaranteed to attack people who hurt NOBODY, under the utterly irrational notion that morals can and should be regulated through biblical eye-for-eye vengance including against people who have done nothing wrong from any rational viewpoint.

Liberals tend to be much better on the right to privacy, arguing often that it is preferable to accept certain criminals will not be prosecuted than to violate the bill of rights. But they refuse to accept this logic when applied to privacy of personal and consentual relations.

And feminists with their boneheaded equation of emotional and physical harm have done a great disservice in this regard. Yesyes I know I am making enemies of everyone in ILX. Fuckit.

Sterling Clover, Thursday, 6 June 2002 00:00 (twenty-one years ago) link

& Ally she's 17 (legal) and usually more mature than you, and certainly less passive-aggressive.

Sterling Clover, Friday, 7 June 2002 00:00 (twenty-one years ago) link

17 now. Tape is supposedly three years old = she was 14.

bnw, Friday, 7 June 2002 00:00 (twenty-one years ago) link

And you're incredibly naive if you think this is the worst thing he's done.

J Blount, Friday, 7 June 2002 00:00 (twenty-one years ago) link

yeah, well, "I Believe I Can Fly" was pretty unforgivable...

Sterling Clover, Friday, 7 June 2002 00:00 (twenty-one years ago) link

answer: effective consent. laws which examine each individual case in the particulars and ask if the person was able to consent (maturity) and if they DID so.

Sterling did you not just say that you don't trust the state to make decisions at all, much less messy look-at-the- individual decisions like you're suggesting here?

nabisco%%, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Maybe he means a community type standard. Like how they define obscenity on a case by case basis.

Ryan, Friday, 7 June 2002 00:00 (twenty-one years ago) link

at least you have a jury able to act as one and weigh things like people. certainly not perfect, but at least mildly more rational. the problem now is that the state can make these decisions (who it goes after, how) but the people (or their reps on the jury) have no say at all because they are within this framework where everything is established already.

Also, another disturbing thing about this case: threats that the girl will be FORCED to testify even if she doesn't want to, at risk of going to jail. You want a sure way to ruin her life more? throw her in jail until she agrees to testify before the whole frikin nation. Don't you see? She just wants this to go away. Victims rights include not being FORCED to be a victim.

Sterling Clover, Friday, 7 June 2002 00:00 (twenty-one years ago) link

I was actually referring to the Celine Dion duet.

J Blount, Friday, 7 June 2002 00:00 (twenty-one years ago) link

So Sterling, you're not arguing for anything more than a loosening of the strict age-of-consent to accomodate other factors, correct? I have slightly more sympathy for this except for three major major problems:

(a) It creates crimes of judgment, essentially: people would go into relationships with minors without a clear sense of whether they were acting criminally or not, their choices possibly subject to highly- stigmatized criminal charges if anyone even tangentially involved disagreed with them. Which leads to

(b) People could easily make bad judgments that they didn't even know were bad judgments, meaning they could potentially victimize others and plead complete ignorance or essentially a variant of criminal insanity in which they were unaware of the illegality of their actions (which were anyway only "subjectively" criminal at the time, until later adjudicated in criminal court). Which leads to

(c) It would create a situation in which any teen-adult relationship that the parents don't like has to be adjudicated, which would be an enormous logistical mess.

I don't think anyone in the legal profession would ever support such an arrangement on the criminal side: in some senses it doesn't even fit into the basic framework of criminal law in this country.

nabisco, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Also I think we've all seen how either side of a courtroom can find psychologists to assert entirely differing things about a given individual, which means every single one of these courtroom adjudications you're imagining would consist of one child psychologist saying "he/she was mature enough to consent" and another says "he/she was not" ... making every one of them a giant politicized (and psychologically politicized) referendum on exactly what we as an entire culture think about when and under what circumstances people should begin having sex: the mind boggles imagining the hung juries on these. All of which is still secondary to the fact that we like people to know very clearly when they are or are not breaking criminal laws.

nabisco%%, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Nabisco: no easy answer for you on those, except that teen-adult relationships parents don't like already ARE adjucated through existing laws & because there is no "give" it results in plenty of nasty situations.

Mainly I'm posting again because I remembered something else about the biblical fucked-upness of current laws -- it is nearly impossible for a prostitute to bring rape charges & of course prostitutes are ESPECIALLY at risk for that. More proof that the current laws are based on notions of "purity" than actual human relations.

Sterling Clover, Friday, 7 June 2002 00:00 (twenty-one years ago) link

sterling. please could you answer my point upthread. or, failing that, allys point (which was my point, but put better - about the age stuff in other areas)

you've really annoyed me, i don't mind admitting, because i think you've dodged the questions here, and come out with a load of laissez- faire twaddle

gareth, Friday, 7 June 2002 00:00 (twenty-one years ago) link

If people couldn't exploit power relationships there'd be less incentive to actually become famous, culture would die!

dave q, Friday, 7 June 2002 00:00 (twenty-one years ago) link

that'd be a shame

gareth, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Maybe 14-yr-olds should be taught "If you're going to have sex with superstar people, it's good for swapping playground stories or notches on the bedpost if you want to be a famous groupie, but don't believe them when they tell you they'll make you famous models or something, OK? Caveat emptor"

dave q, Friday, 7 June 2002 00:00 (twenty-one years ago) link

I heart Dave Q. (He's not allowed near my hypothetical daughters, though.)

Dan Perry, Friday, 7 June 2002 00:00 (twenty-one years ago) link

N*tsuh expressed exactly my concerns with the issue, only better.

Tim, Friday, 7 June 2002 00:00 (twenty-one years ago) link

& Ally she's 17 (legal) and usually more mature than you, and certainly less passive-aggressive

I didn't know you knew the girl personally to make a judgement on her maturity - or are you scoping her too? Anyhow, she's 17 now, as someone else noted - not then. Otherwise what the hell would the case be? And I've never been passive-aggressive towards you, I've always been openly and actively aggressive towards you, being as I find you the second most insufferable person I've ever met off of this message board. I believe passive-aggressive could be defined as you and your friend's little jealous email to me over the Chuck Eddy thing, for example.

Here's the point: it'd be far too long and complex for the courts to abolish age laws and then on a case-by-case basis judge what is right and what is wrong. Not only that, but as has been pointed out, you're the one insistant that you don't want the government making decisions like this - so why are you going to lay something as complex as maturity and intelligence in the hands of judges and legislators? That doesn't make much sense at all. And you were a little too busy being bitter towards my knowledge of your invisible girlfriend's age to notice my actual point: would you have ALL age laws abolished and how would we then decide to legislate ALL of these things? Because unless you want them ALL abolished, you seem like a bit of a pervy freak right now.

Ally, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Get Ur Freak On!

Dan Perry, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Also why do people worry so much about 'lost innocence'? Innocence in this world will get you killed. If somebody's tangled or tango'ed with a superstar predator early, they'll be more sussed later. It doesn't necessarily have to mean 'victimisation', except if they take subsequent fallout badly and end up ODing or in the nut hatch or something

dave q, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Sterling's proposal to have each statutory case adjudicated on a case- by-case basis in which the court determines whether the underage person is capable of making a responsible decision is clearly unworkable. Imagine that you are R. Kelly and you have an underage girlfriend. You can't know whether or not it would be legal for you to sleep with her. All you can do is guess whether she appears to you to be mature enough. However, if you are brought to court, and the jury finds otherwise, you're out of luck. So there's no objective, measurable standard. The only way out of this impasse is to set up a certification process whereby you can have an underage partner certified as being mature enough to have sex before you consort with them. Then you're covered if the case goes to court. But I don't think anybody would agree that this sort of government- controlled certification is a good idea. Rather than getting the government out of our bedrooms, it only gets the government more deeply embroiled in matters of the bedroom. It's much preferable just to have an arbitrary age-based cut-off. At least then everyone knows what the ground rules are. And you can't say that it's not fair, because the same rule applies to everyone.

o. nate, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Well don't slam on Sterling too hard: if I remember correctly the Dutch have a sort of "probationary" consent range (something like 14- 16, possibly?) within which it's not strictly criminal to have relations with a minor but could be if it's demonstrated that the relationship was coercive or damaging. I can't imagine how such a thing fits into the larger legal framework or whether's it's a workable (or enforceable) law in the least, but I'll look into it.

nabisco%%, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Actually it's twelve to sixteen, those wacky Dutch folks. Can't seem to find any in-depth explication of the rules surrounding this, let alone any analysis of how it's functioned legally: I'd be interested if anyone had any more information. (Interested in the legal sense.)

nabisco%%, Friday, 7 June 2002 00:00 (twenty-one years ago) link

You have a case pending?

Dan Perry, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Ally: when I said 17, I was refering not to the girl in the rk case but my so called "invisible girlfriend". And I never sent you an email, like ever, as far as I recall.

And hells yeah I'm for at the least drastically reworking legal restrictions on drinking, smoking, and voting in various different ways. I didn't address it because I couldn't seriously believe that anyone on the den of debauchery that is ILX rilly thinks that people shouldn't be able to drink till they're 21 etc.

Fuck, teenagers should be able to move out of their parents house to their own place when they're 16 or so. It would save all parties involved a great deal of frustration.

Sterling Clover, Friday, 7 June 2002 00:00 (twenty-one years ago) link

but sterl, you didn't seem to be suggesting a lowering of consent ages, but an abolishment.

i think there has to be an age limit on things somewhere, now where that age thing should be set is a different issue. and one, that yes, is handled by different countries differently, but there is one thing in common - they have the age limit somewhere

so

a) a sensible discussion of when age limits should be set,

OR

b) abolishment of limits protecting minors?

gareth, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Dave Q, I really like your quick wit & your always-fresh perspectives, to say nothing of your gift for songwriting, but this

Also why do people worry so much about 'lost innocence'? Innocence in this world will get you killed. If somebody's tangled or tango'ed with a superstar predator early, they'll be more sussed later. It doesn't necessarily have to mean 'victimisation', except if they take subsequent fallout badly and end up ODing or in the nut hatch or something

is a dilettante attitude. You should meet some of the children I work with in my day job, many of whom have had the questionable good fortune to meet up with people who've given them the dubious opportunity to get "sussed" earlier. They are f***ed up now. Not crazy, mind you. Just angry & bitter & headed nowhere fast, and suffused with a sense of hopelessness. "Innocence" is of course a loaded word. Better to say that childhood shouldn't involve sex with adults, since it effectively ends childhood, and many of the developmental milestones which one encounters during the time of one's childhood are essential to later growth & happiness.

John Darnielle, Friday, 7 June 2002 00:00 (twenty-one years ago) link

c) Hot tub party! Bring your freakiest hoes!

Dan Perry, Friday, 7 June 2002 00:00 (twenty-one years ago) link

*sob* John Darnielle stymies my (crap) joke...

Dan Perry, Friday, 7 June 2002 00:00 (twenty-one years ago) link

sorry Dan it was an accident

John Darnielle, Friday, 7 June 2002 00:00 (twenty-one years ago) link

Yeah yr right, that was a bit unnecessarily gratuitous of me

dave q, Monday, 10 June 2002 00:00 (twenty-one years ago) link

One of the men in the jury pool...who said he liked to crochet and had planned a trip to Germany to visit his boyfriend, said he wasn't too familiar with R. Kelly and thought the trial was about Robert Crumb, the 77-year-old cartoonist who signs his work as "R. Crumb."

https://www.insider.com/r-kelly-trial-lawyers-want-charges-dropped-jury-selection-begins-2021-8

jaymc, Tuesday, 10 August 2021 22:07 (two years ago) link

they both like feelin’ on your booty

bobo honkin' slobo babe (sic), Wednesday, 11 August 2021 02:41 (two years ago) link


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