The Law Rape by proxy?

[HarryTiger]

Boy, 14, 'forced to have sex' by dad
Natalie Gregg From: The Courier-Mail December 24, 2009 12:55AM
http://www.news.com.au/breaking-news/boy-14-forced-to-have-sex/story-e6frfku0-1225813328011

Very short article but not allowed to quote so here goes the ultra condensed version.

Father feared 14 year old son was gay.

Father hires prostitute and motel room and orders son to do the deed.

Other business involving abuse of said brother and his brother which lead to police involvement, at the fathers behest.

The boy's mother this week gave evidence in the committal hearing in the Rockhampton Magistrates Court which found there was sufficient evidence for the father to stand trial for the rape of his son.

It takes two to tango, in this case the son and the prostitute, and the father gets charged with rape. He's definitely guilty of something, morally if not legally, but rape? The prostitute must have had some idea of what was going on and she must have known he was very young, perhaps she could claim he looked 16 but I don't think a 14 year old could pass for 18. Don't know what the law says about that - age of consent for prostitution??

Does the prostitute have an obligation to screen her customers for legality? Of course she would, and it wouldn't (shouldn't) be good enough for her to plead ignorance. Sure doesn't work for men - "but she looked 16 your honor" - re 14 yo girl.

 

[Fire]

To chage him with rape soudns rediculous. He didn't penetrate the boy.

 

[HarryTiger]

No he didn't penetrate the boy.

Being the father and with the child only 14 the father would be deemed to have coercive power over him. The kid will be in the shit if he doesn't follow his father's order, especially this father it seems. Certainly the father is complicit in the act and he's failed his duty of care to his son.

Imagine man with a gun tells two people to have sex or he'll shoot them, then he's guilty of instigating a rape, of sorts. He should be charged in relation to that offence, as well as the gun business, but what charge does the law allow for that?

This case isn't quite that though. The prostitute wasn't coerced into having sex - she was paid but so what she can turn it down. If she had fulfilled her legal obligations the sex wouldn't have happened. It would seem at this point the prostitute's complicity has been ignored. The poor dear is probably doing it tough though, drugs and all that. Or maybe they just can't find her, it doesn't say.

 

[mantis]

I would have thought that the father could be charged with child abuse & procuring a child for sex, whether he paid the prostitute or not & the prostitute charged with having sex with an under age child.

 

[Fire]

No he didn't penetrate the boy.

He did a lot of illegal stuff to his son by the looks of it.

But he did not rape him.

 

[pmad87]

If you coerce another person to engage in an act of sexual penetration then you are guilty of rape whether or not you are involved in the act of sexual penetration yourself.

If the prostitute knew the boy was being coerced she would be guilty of rape too. If she didn't, it gets complicated.

There's a famous case from a few years ago where a husband told his mates that his wife had a fantasy to be r*ped by four men and that her protestations were part of her fantasy, so the four guys went ahead. Can't remember how it turned out.

 

[Rustin Cohle]

At the very least it is child abuse. I'm not too sure about the current system of laws in regard to rape, though.

 

[sonson]

He made the kid a man, throw out the case. Bet the kid loved it.

 

[mantis]

He made the kid a man, throw out the case. Bet the kid loved it.

You are a moron. I was wondering how long it would be until some guy came out with this crap. Surprised you didn't add that the father was a hero & you wish your father had have hired a prostitute for you when you were 14.

 

[HarryTiger]

He made the kid a man, throw out the case. Bet the kid loved it.

But he lost his virginity to a hooker while his old man waited outside, he'll never forget that. The physical education teachers are much preferred for this kind of thing (female!) .