Girl, 14, jailed for sex with school bus driver

[JCMach1]

Source: The National

A 14-year-old Brazilian girl was sentenced today to six months in prison and deportation for having consensual sex with a 28-year-old school bus driver.

The Pakistani man, MH, whom she initially accused of raping her in her home on April 4, was convicted of consensual sex and sentenced to one year in prison and deportation.

At the last court hearing, on July 31, the girl had retracted all her claims. Both she and MH denied having sex.

According to court records, prosecutors said MH went to the girl’s home on when her parents were in Dubai. What happened inside the flat is disputed. The girl initially said MH raped her, but the driver said he was invited inside by the girl, who then seduced him...

Read more: http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100810/NATIONAL/100819993/1010

---

Ah the lovely UAE where statutory rape victims get jailed and deported!

[Radical Activist]

1. I wonder if he'll sue the girl.

Putting her in jail for having sex is moronic. Getting sued for seducing someone and then falsely accusing him of rape makes a little more sense.

[FreakinDJ]

2. I would have thought False accusations of Rape too

[msanthrope]

10. She didn't falsely accuse him. n/t

[FreakinDJ]

15. We learned to read didn't we ??????

MH, a Pakistani, whom the Brazilian teenager had initially accused of raping her in her home on April 4

MH was charged with rape on July 25. Prosecutors accused the girl of consensual sex after they found text messages on her mobile phone showing she had arranged the meeting and had “erotic” conversations with the man.

Prosecutors argued that it would have been difficult for MH to enter the girl’s home without her consent, which meant any sex was consensual. The maid did not mention hearing any shouting or cries that could have indicated rape.

At a court hearing on July 31, the girl retracted all her claims. Both she and MH denied having sex.

[msanthrope]

19. You should try it, reading..... The age of consent in Dubai is 18.

Therefore, no consent by this girl is legally possible.

Rape. That is what rape is.....when you perform certain acts on people who either cannot legally consent, or, did not consent.

Of course, now we will be treated to the rape parsing.....

[uncommon]

29. She didn't. Her lawyers pushed the statutory charge to protect her.

It's called being a defense attorney.

[msanthrope]

9. He wasn't falsely accused of rape.

The age of consent in Dubai is 18.

Having sex with her was rape.

[TheMadMonk]

18. Unless something's changed, it's actually 9 IIRC and I don't have my...

...Middle Eeastern states confused.

However, it is hedged with all sorts of restrictions and conditions that I believe are (or were) intended to accomodate tribal practices. I don't agree with it, but I think I understand it. It has very little to do with sex, and almost everything to do with property.

18 is simply the age at which the system in most places lifts all special legal protections on children and a person is free to travel to Hell in their own handbasket.


It's a little bizzare, but it is possible under the laws in a lot of places for a person to be both a victim and perpetrator of the same crime. If for no other reason, she gave a consent that legally was only her father's to give.

And before anyone decries how wrong this is, take a moment to consider that the law in the US, as well as in a lot of other Christian nations was much the same until quite recently historically speaking. AND right up to this very moment, apparently some 25% of the population in the US still absolutely believes that under the law, children and women should be the chattels of men.

In a modern context where individual rights have precedence it is absolutely wrong. In a situation where survival depends on every single individual pulling together it's right by the only criterion that matters. It works. Just as it has worked for millenia. I'd like to say it's not the only method that works, but unfortunately it does seem that once we invent the idea of ownership and the accumulation of property, we naturally gravitate in the direction of authoritarian patriarchy and it takes active opposition (and of course the luxury of time not devoted to the basics of survival) to counteract the trend.

Perhaps we should consider what appears to be the deliberate impoverishment and dumbing down of America.

[msanthrope]

20. From the same source---age of consent in Dubai is 18

"Even if the girl is found guilty of consensual sex, M H would still be charged with statuary rape, because the girl is younger than 18, the age of consent."

http://thenational.ae/apps/pbcs.dll/article?AID=/20100728/NATIONAL/100729731/1010/hp

She can't legally consent. It's called rape.

[TheMadMonk]

26. Technically yes. However, her father is able to give consent at a far...

...younger age.

Technically the AOC is 18, but only because up until that age she is her father's chattel with no power to make any significant decisions regarding her own life or person.

And technically/legally at 18 she is her own person, but a single, truly independant woman in the UAE is a rather rare bird. Married she is the property of her husband. Unmarried it's generally in her own best interest to stay daddy's property rather than step out alone.

[FormerDittoHead]

3. Are you trying to trick us? If it's not in the US, please name the country in the subject. n/t

[CLANG]

4. He did name it - UAE

[kirby]

8. In the subject line n/t

[hedgehog]

5. There was a story in the Wall Street Journal describing the puzzlement

of officials at Air Emirates because Americans weren't interested in flight crew jobs that required they be based in the UAE.

[Lance_Boyle]

6. That may be the first time I've ever heard of anyone being prosecuted for filing a false rape charge

Should be prosecuted every time it happens, in the UAE and in the US.

[msanthrope]

11. She didn't file a false charge.

She's 14. The age of consent in Dubai is 18.

He raped her.

[bettyellen]

14. i had read a british tourist was arrested after being raped- for consensual sex with her boyfriend!

she had been raped by a hotel employee and they were pissed she reported it so they retailiated. yikes.

[msanthrope]

22. I have no doubt that's true. But I'm sickened by all the supposedly

enlightened DUers who can't figure out that a child under the age of consent cannot legally consent to sex.

She was raped. She didn't file a false report.

[bettyellen]

31. oh yes, i understood your point clearly. and agree it is disheartening.

[Arkansas Granny]

13. Read the article again. She was convicted of having consensual sex,

not filing a false rape report.

[joshcryer]

24. Oh yeah, because that'll help discover false rape cases.

Not that there's an epidemic of them, but if someone made a false charge they will have no incentive to back out of it.

[uncommon]

28. First of all, she didn't file a false rape charge. Her lawyers pushed for statutory to protect her

from the punishments for consensual sex.

Second, I have read so many of your posts on DU and shockingly so many of them have called out women for "false rape charges" - interesting. Methinks the gentleman doth protest too much.

[slackmaster]

7. The "Culture of Peace" really knows how to treat women

:argh:

[msanthrope]

12. True, dat, but look at how many posters on this 'enlighted' board

--in this very thread, have accused this poor girl of filing a 'false rape' charge.

Ah...patriarchy....

[happyslug]

16. in most of the World, the age of consent is 14

In the past the age was 12 in most of the world, the most surprising exception being Delaware where it was only age 7:

The first recorded age of consent law dates more than 800 years ago: in 1275, in England, as part of the rape law, a statute, Westminster 1, made it a misdemeanor to "ravish" a "maiden within age," whether with or without her consent. The phrase "within age" was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years of age.

A small group of Italian and German states which introduced an age of consent in the 16th century also set it at 12 years. Toward the end of the 18th century, other European nations also began to enact age of consent laws. The French Napoleonic Code established an age of consent of 11 years in 1791, which was raised to 13 years in 1863. Nations such as Portugal, Spain, Denmark and the Swiss cantons, initially set the age of consent at 10–12 years and then raised it to between 13 and 16 years in the second half of the 19th century.

In the United States, by the 1880s, most states set the age of consent at ten or twelve, and in one state, Delaware, the age of consent was only seven. Women reformers and advocates of social purity initiated a campaign in 1885 to petition legislators to raise the legal age of consent to at least sixteen, with ultimate goal to raise the age to eighteen; the campaign was successful: by 1920, almost all states had raised the age of consent to sixteen or eighteen.

http://en.wikipedia.org/wiki/Age_of_consent

Today the tendency is to age 14. Around 1900 the tendency was 16 or 18 but that was found to be to high, and almost universally ignored by the Police and the Courts (Teenagers should not have sex, but they do and the Police and Courts have to pick up the pieces when it happens and things go bad). Do to the inability of the Police and Courts to STOP teenage sex, the movement since WWII has been to drop the age of consent to 14.

Here is a map of age of consent, but be careful if using it. For example it shows Pennsylvania age of consent as 16, that is true except of the people having sex are within four year of age of each other, then it is 14. In the late 1990s, the State of Pennsylvania had a case where it had to decide what was the age of consent to enter a common law marriage. The State Legislature had never addressed the issue thus what the law was had to be determined by the Pennsylvania Supreme Court, which ruled it was age 12. Subsequently it was changed to 18 by the State Legislature. Given that decision other states that recognize Common law Marriage, the law may be age 12 for most state legislature have NOT addressed the issue of Common Law Marriages in any form, while such marriages are still legal in those states.



Now the United Arab Emirates is reported to have the age of consent of 18, but it is a federation and as such it is up to each Emirate NOT the federation to make that decision. Thus I suspect the report is wrong. On the other hand, having sex outside of marriage is still a crime in the UAE and thus the sentence.

Side note: The UAE are Emirates run by Sunni Moslem ruling families over majority Shiite Moslem Populations. Among Shiites it is legal within their religion to form Temporary marriages for as short a time as needed to have sex. Most Prostitutes in the Persian Gulf and Pakistan call themselves Shiites for this reason. The prostitutes enter a "Temporary Marriage" for the transaction and then are "divorce" when it is over. Thus the sex is sex within marriage and thus legal (after one of his victories against other arabs Mohammad let his followers to enter into such temporary marriages, the Shiites said that was Mohammad's showing his approval of such temporary marriages, the Sunni said it was a one time act that was NOT meant to occur again. It is one of the disputes between Shiites and Sunnis. I bring it up for the problem may be that the parties in this action were non-Moslem more then anything else.

[msanthrope]

21. And? Here, it's 18.

While your wikilaw is fascinating, it's irrelevant to the case at hand.

[happyslug]

23. In Pennsylvania, it is 14, unless the parties are more then 4 years different in age, then 16

Age of Consent in Pennsylvania has varied over the years. As I said in my earlier post, the age of consent to enter into a Common Law Marriage WITHOUT permission of your parents was 12 till the late 1990s. In the 1990s a Case came up when a teacher had sex with a 12 year old student. His defense was they had entered into a common law marriage. The 12 year agreed, and thus the issue was can a 12 year old enter into a valid common Law Marriage where it was required by Statute for anyone under 18 to get permission of their parents to get a marriage license. The COurt ruled since the state Legislature had NEVER set an age, the common law rule applied and that was age 12. In that case all charges were dropped against the teacher for it is legal for a husband to have sex with his wife. Right after that case the State Legislature adopted a law that any minor MUST get permission to marry if under 18. A few years later the State Legislature abolished Common Law Marriages formed after January 1, 2005. i.e. Common Law Marriages entered before that date are still VALID, but any one who enters into a Common Law Marriage after that date, such a marriage if formed in Pennsylvania are invalid.

[msanthrope]

25. And? Again, how is any of that remotely relevant to the

age of consent here? Or the fact that this girl was raped?

[happyslug]

27. The Article clearly says this was CONSENSUAL SEX

Now, at first she claimed rape, but, according ot the article, the actual sex act was CONSENSUAL. Statutory rape occurs only when a party is BELOW THE THE OF CONSENT. Thus this is a case NOT involving Rape, but did she have the legal right to have sex?

Just pointing out, under the laws of many country she was of age, thus NO Statutory Rape. UAE said it was illegal for anyone who is not married to have sex, thus what she did was criminal. I mention that Shiites can enter into temporary marriages, which UAE recognize if you are a Shiite Moslem. This girl is NOT a Shiite Moslem (Being from Brazil, I suspect she is Catholic if any religion). All Factors in her case.

Second, I checked your profile and saw you were from Philadephia and I know Pennsylvania law. You wrote that the age of consent was 18, which is WRONG for I know Pennsylvania law as to age of Consent and that is 14 not 18 (unless the parties are more then four years different in age, then it is 16).

[msanthrope]

30. You should try reading comprehension. Here, the age of consent

is 18.

'Here,' does not mean in my state. My state has nothing to do with this thread.

'Here,' as in the country mentioned in the OP, the entire thread, AND, the relevant jurisdiction. No one, but you, thought this had to do with Pennsylvania.***

You might wanna check out post 20--where I cite from the OP's source of information that the age of consent in the UAE is 18. Thus, statutory rape.

I am not to blame if the patriarchs of the UAE refuse to apply the law on the books.


***Oh, and FYI, just so you know....at 14, it's statutory rape in PA, too, since the actor is 28.

[Odin2005]

17. backwards fuckwards!