"I thought she was 16"

[bebeci]

http://www.edmontonsun.com/News/Albe...74151-sun.html

Having sexual intercourse with a 13-year-old girl he believed was older was not a criminal act by a Calgary man, a judge ruled yesterday.

Provincial court Judge Bruce Millar said Matthew Allan Armstrong's testimony he accepted the girl's claim she was 16 was convincing, especially since he suffers a condition which makes him more gullible.

Millar noted Armstrong has myotonic muscular dystrophy, a disease which makes it difficult for those afflicted to make complicated decisions.

"The sufferer deals in absolutes," he said, pointing to expert evidence called by defence lawyer Balfour Der.

"People with myotonic dystrophy tend to believe what they are told is fact."

Armstrong testified the teen, whom he met through the Internet messaging site Nexopia in November 2006, told him she was 16 before they had a night of sexual intercourse at his Calgary home two weeks later.

Millar said the Calgary man, then 26, was led to believe - by her web posting, a nude photo she sent him and her claims of sexual experience - that she was older than she was.

"He believed, subjectively, (the girl) was 16," the judge said.

He also said testimony from the girl, in which she said she was forced to have sex with Armstrong and he was aware she was only in junior high school, was tainted by poor police work.

Millar noted the initial interview taken by police was in the presence of other people, who assisted her in answering questions.

"Her statement to the police ... was contaminated by the presence of family members and others," he said.

"It would be unsafe to rely on her testimony."

The verdict was decried by the girl's mother, who said the incident two years ago has had a lasting effect on her daughter.

"She's not the same girl, she's not confident, she doesn't hang around with her friends anymore," said the woman, who warned parents to always keep an eye on their children's Internet use.

Armstrong still faces other allegations he tried to lure young girls over the Internet and remains in custody on those charges.

[Kuya]

?

[Zosi]

It's worth noting that the age of consent in Canada was 14 until this May (16 now), so it's not quite as outrageous as it sounds.

[Avanarius]

this isn't any different then every other "I thought she was ____" story, especially the medical scapegoat. Not really sure what myotonic muscular dystrophy has to do with making complicated decisions either, but I'm not a medical expert.

[Beckwin]

sign me up for myotonic muscular dystrophy.

[Zosi]

this isn't any different then every other "I thought she was ____" story, especially the medical scapegoat. Not really sure what myotonic muscular dystrophy has to do with making complicated decisions either, but I'm not a medical expert.

From wiki (DM1 and DM2 are the two types of the disease):

Noted DM1 symptoms which are considered less severe or common for DM2 are problems with smooth muscle (including G.I. symptoms), hypersomnia (daytime sleepiness), muscle wasting, dysphagia and respiratory insufficiency. DM1 patients may experience a more diverse range of cognitive problems than DM2. Depending on what form they have and the degree of severity, DM1 cognitive problems may range from developmental delays, learning problems, language, speech, behaviour, apathy or hypersomnia. Cognitive manifestations for DM2 include problems with executive function (i.e. organization, concentration, word-finding etc) and hypersomnia. Conduction abnormalities are more common in DM1 than DM2, but all patients are advised to have an annual ECG. Insulin resistance is a significant risk factor in both forms of the disease for diabetes, cholesterol, heart, stroke, lipids, fatty liver, etc.

Sounds like it can cause pretty varied symptoms, including a lot of brain problems.

[archibaldcrane]

Sounds to me like a 13 year old raped a mentally deficient man by confusing his feeble brain.

[Churchill]

This story is not really that interesting unless you're a person who jumps on board every situation they can to make a human rights statement or religious.

I don't know which one is more roffles.

[Novalye]

It's worth noting that the age of consent in Canada was 14 until this May (16 now), so it's not quite as outrageous as it sounds.

There exist two close in age exemptions, depending on the age of the younger partner. A youth of twelve or thirteen can consent to sexual activity with an individual no more than two years older than them. A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is no more than five years older than them, or to whom they are married. (Marriages are permitted for those above 16 outside Quebec, and above 16 for males and 14 for females in Quebec.) Neither exception applies if the accused was in a position of trust or authority towards the victim, the victim was in a relationship of dependency with the accused, or if the relationship between the accused and victim is found to be exploitative.

But..

In Mexico, the age at which there are no restrictions for consensual sexual activities is 18, while the minimum age of consent varies between 12 and 18, according to state laws. In Mexico, criminal legislation is shared between the federal and state governments. The Federal law establishes the age of 12 as the minimum age at which states can legislate upon; however there may be local state laws that override the federal law. In practice though, the decision as to whether or not to prosecute is left to state authorities regardless of the younger person's age.

haha, mehico
sup ansems?

source:
http://en.wikipedia.org/wiki/Ages_of..._North_America

[Plow]

afk getting myotonic muscular dystrophy

[Neosutra]

Where do people keep finding these chicks that will send them nude pics and come over and bang them Q.Q.

[Aerin]

Where do people keep finding these chicks that will send them nude pics and come over and bang them Q.Q.

In the US? Myspace

[Churchill]

In the US? Myspace

I've done it on 4chan too.

[archibaldcrane]

OkCupid works well for me in this regard.

[Shuvo]

Where do people keep finding these chicks that will send them nude pics and come over and bang them Q.Q.

Basically any social networking place, myspace MMOs chatrooms etc. People tend to hit puberty around 13-14 then so it's not really that hard to believe, raging hormones etc etc.

[The Stig]

afk getting myotonic muscular dystrophy

Me tooooo.

[0ni0n]

I dream of a day when the opposite sex will share the burden of legal responsibility when comes to sex crimes.


/I am not the only one.

[Boyiee]

Armstrong testified the teen, whom he met through the Internet messaging site Nexopia

AFK Nexopia

[Kaslo]

Actually this is pretty interesting for me, as I am writing a Law Review Article over Statutory Rape (Source Count +1!)