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Court says oral sex law violates rights

Discussion in 'BBS Hangout: Debate & Discussion' started by No Worries, Mar 7, 2006.

  1. No Worries

    No Worries Member

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    Behold the depravity that is oral sex ...


    Court says oral sex law violates rights
    Mar 7, 7:56 AM (ET)

    SAN FRANCISCO (Reuters) - A 22-year-old Californian man who received oral sex from a sixteen-year-old girl should not be forced to register for life as a sex offender, the California Supreme Court ruled on Monday.

    The state's top court found that California denied Vincent Hofsheier equal protection under the law because those having intercourse in such circumstances would not be forced to register as lifetime sex offenders.


    Hofsheier appealed after being ordered to register his name on the list, which is shared with the public and carries significant stigma.

    "Requiring mandatory lifetime registration of all persons who, like defendant here, were convicted of voluntary oral copulation with a minor of the age of 16 or 17, but not of someone convicted of voluntary sexual intercourse with a minor of the same age, violates the equal protection clauses of the federal and state Constitutions," the court ruled.

    "We perceive no reason why the legislature would conclude that persons who are convicted of voluntary oral copulation with adolescents 16 to 17 years old...constitute a class of 'particularly incorrigible offenders'... who require lifetime surveillance as sex offenders."

    U.S. law on oral sex has evolved over the years, and it was not until 1975 that oral sex between consenting adults was decriminalized in California. Today, in 38 of the 50 U.S. states consensual sex with a 16- or 17-year old is legal.

    In the case, Hofsheier pleaded guilty and received probation after meeting the teenager in an Internet chat room and sharing rum and orange juice with her at a beach.

    The California Supreme Court's decision returns the case to a lower court to decide whether he should still be subject to registration under that court's discretionary authority.
     
  2. Svpernaut

    Svpernaut Member

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    One more reason we should just nuke California off the face of the earth.
     
  3. Davidoff

    Davidoff Member

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    I can only imagine how this thread is going to turn out...
     
  4. Nolen

    Nolen Member

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    I don't understand this- required to register as a sex offender for life for oral, but not if he had intercourse in the same situation? That's ridiculous, no wonder the court struck it down.
     
  5. Svpernaut

    Svpernaut Member

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    I take it you don't have a 16 year old daughter or sister? Those also aren't the reasons given by the court for striking it down.
     
  6. SamFisher

    SamFisher Member

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    I haven't read the opinion, but according to the article, that's exactly the reason it gave.

    "The state's top court found that California denied Vincent Hofsheier equal protection under the law because those having intercourse in such circumstances would not be forced to register as lifetime sex offenders."
     
  7. Sishir Chang

    Sishir Chang Member

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    Do you think that oral sex should be considered much worse than intercourse?

    From the article it can be inferred that he was convicted of something, probably statuatory rape and providing alchohal to a minor, otherwise registering him as a sex offender wouldn't be an issue. Its not like he's getting off free but whether oral sex is considered as severe as intercourse.
     
  8. MadMax

    MadMax Member

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    ifyou don't have to register for intercourse, you shouldn't have to register for oral sex.

    if you have a problem with the notion that you shouldn't have to register for intercourse, then don't look to the courts...your problem is the legislature.
     
  9. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    16 and 22 shouldnt be a problem. This is stupid.
     
  10. Master Baiter

    Master Baiter Member

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    It should definitely be a problem. The difference in maturity level and social awareness between those two ages is way too great.
     
    #10 Master Baiter, Mar 7, 2006
    Last edited: Mar 7, 2006
  11. TMac640

    TMac640 Contributing Member

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    definitely a low-blow for civil rights.
     
  12. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    No its not. It depends on the people.
     
  13. Fatty FatBastard

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    I remember when I was 20 I met this girl who was 17 and we dated for a few weeks. My only problem was her age. Her maturity was fine. I just couldn't stand dating a high school senior when I was already well into college.

    I'm sure there are some 22 yr. olds and 16 yr. olds that are maturely compatible. This certainly isn't a case of pedophilia. That said, wait until they're 17 if you are that old.
     
  14. No Worries

    No Worries Member

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    Do you think that oral sex should be considered much worse than intercourse?

    It is deviant sexual behavior, since no proceation comes from it.

    It is doubly deviant since the girl was 16.

    Remember to only have sex after mariage, when your wife is likely fertile, with the lights off, under the covers, in the missionary position. and enjoyed as little as possible.
     
  15. Mulder

    Mulder Member

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    Thank you, Father O'Leiry.
     
  16. JeeberD

    JeeberD Member

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    When I was 22 I asked out a girl who had just turned 17. In six months we're getting married, just a few days after the seven year anniversary of when I asked her out for the first time...
     
  17. Oski2005

    Oski2005 Member

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    Do you want to "nuke" all those other states as well? I believe Texas falls in that category btw.
     
  18. Saint Louis

    Saint Louis Member

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    America really has an issue with oral sex, and not just oral sex performed in the Oval Office.
     
  19. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    The question is... are you a sex offender?
     
  20. Rocket River

    Rocket River Member

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    Easy to make lite
    have we concede that all kids are sexually active
    To some Oral is about POWER
    the ability to manipulate someone into doing something
    [heck sex is about power to some]

    I think they should have register for intercourse and oral and anal
    and any sexual activity

    There is no way in hell that a 16 yr old and a 22 yr old
    should be together. . .
    if it is love. .wait til they 18

    18 - 24 is better than 16 - 22

    no grown *ss man should be picking his girlfriend up after high school

    Rocket River
     

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