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Capt. Obvious

(9,002 posts)
Thu Jul 31, 2014, 10:49 AM Jul 2014

Junior Hockey Players Accused Of Taping Sex With Teen, Sharing Video

Two junior hockey players are accused of having sex with a 15-year-old girl in their Minnesota hotel room, recording part of it, and then sharing the video with both their teammates and her friends.

Brandon Nicholas Smith and Thomas Ryan Carey, both 19, were charged last month with using a minor in a sexual performance and possession and distribution of child pornography, the Forum News Service reported. Their team, the USHL's Lincoln Stars, suspended them indefinitely.

....

But don't tell any of this to Smith's defense lawyer, Joseph Friedberg. On Tuesday, he called the charges against his client a misuse of state laws.

"The statute was designed for people who have pictures of sex with little children, something most of us can't look at and sleep," Friedberg said.

...

Friedberg said he didn't consider the 15-year-old in this case to be a child.

"Not this 15-year-old," he said.


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Junior Hockey Players Accused Of Taping Sex With Teen, Sharing Video (Original Post) Capt. Obvious Jul 2014 OP
Well ... 1StrongBlackMan Jul 2014 #1
 

1StrongBlackMan

(31,849 posts)
1. Well ...
Thu Jul 31, 2014, 11:09 AM
Jul 2014

Defense Attorney Friedberg, as sick as I find it ... you might have had a point, had you argued the "proper" defense:

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant. Consent by the complainant to the act is not a defense. In any such case, if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense;

https://www.revisor.mn.gov/statutes/?id=609.345


But I suspect, that defense was not available because they knew her age.


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