R. Kelly: Ongoing Legal Process

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"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

What I don't understand is how come you can vote and join the army and smoke at 18, but you can't drink til you're 21. What does that even imply? it's a bit of nonsense if you're asking me.

Ally, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

we weren't.

jess, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

Hey kids, it's time for NOSIN' AROUND!

Ben Elton, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

That was such a WRONG comment on so many levels.

Dan Perry, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

Glad to be of service, Mr P.

RickyT, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

Jess, go back to blowing ethan so that we can continue to make nasty sarcastic comments on this thread in peace, please?

Ally, Tuesday, 11 June 2002 00:00 (twenty-one years ago) link

six years pass...

NOT GUILTY

jeff, Friday, 13 June 2008 19:25 (fifteen years ago) link

R you fucking kidding me

deej, Friday, 13 June 2008 19:26 (fifteen years ago) link

Nope, just now on AP

Ned Raggett, Friday, 13 June 2008 19:27 (fifteen years ago) link

O_O

J0rdan S., Friday, 13 June 2008 19:28 (fifteen years ago) link

unbelievable

anyway good piece on dero pleading the 5th / issues of child porn here:
http://www.chicagoreader.com/features/stories/hottype/080612/

deej, Friday, 13 June 2008 19:29 (fifteen years ago) link

is he gonna celebrate this occasion with a statutory rape or two?

omar little, Friday, 13 June 2008 19:30 (fifteen years ago) link

at the River North McDonald's.

Eazy, Friday, 13 June 2008 19:31 (fifteen years ago) link


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