Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

snooper2

(30,151 posts)
Tue Mar 28, 2017, 09:58 AM Mar 2017

Chelsea-area mom accused of having sex with 14-year-old

Why isn't she being charged with rape?



http://www.mlive.com/news/ann-arbor/index.ssf/2017/03/chelsea-area_mom_accused_of_ha.html


Lajiness was arraigned March 3 on 13 counts of third-degree criminal sexual conduct, one count of accosting a minor for immoral purposes and one count of furnishing obscenity to a child, district court records show.

In addition to the sex charges, Lajiness is accused of exchanging nude photographs with the 14-year-old, Michigan State Police Trooper Donald Pasternak testified at a March 3 hearing where he swore to the contents of the arrest warrant.

Lajiness confessed to having sex with the 14-year-old between eight and 15 times and exchanging naked pictures with him over the Internet, Pasternak testified.

"They started conversing and exchanging nude photographs while he was still in middle school," Pasternak said, according to the transcript.

They began having sex in the summer of 2016 while the teen was between middle school and high school, the trooper testified.



?quality=65&strip=all&w=540

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Chelsea-area mom accused of having sex with 14-year-old (Original Post) snooper2 Mar 2017 OP
"Why isn't she being charged with rape?" jberryhill Mar 2017 #1
okay snooper2 Mar 2017 #2
There is something wrong with that woman. Blue_true Mar 2017 #3
 

jberryhill

(62,444 posts)
1. "Why isn't she being charged with rape?"
Tue Mar 28, 2017, 10:12 AM
Mar 2017

The state of civics education is dismal, given the frequency of this question.

State laws define crimes, and assign names to those crimes.

The crime is given a name - like "Foofery". The crime of "Foofery" is defined as having elements A, B and C. For example:

1. Foofery

A person shall be guilty of foofery in the first degree if, while engaged in operating a widget, the person willfully causes the widget to kill another person.

2. Foofery second degree

A person shall be guilty of foofery in the second degree if, while engaged in operating a widget, the person negligently causes the widget to kill another person.

There are MANY states which DO NOT HAVE a crime called "RAPE".

Quite a number of states define "Sexual Assault" and then sort out different categories of sexual assault by kind and degree.

In other words, NOBODY in Michigan is EVER charged with "RAPE" because there is no crime called "RAPE" in Michigan.

These are the sexual assault offenses defined in Michigan:

http://www.legislature.mi.gov/(S(czmesct3czcgk2c3zudoe444))/mileg.aspx?page=getObject&objectName=mcl-328-1931-LXXVI

Section 750.520b Section Criminal sexual conduct in the first degree; circumstances; felony; consecutive terms.

Section 750.520c Section Criminal sexual conduct in the second degree; felony.

Section 750.520d Section Criminal sexual conduct in the third degree; felony.

Section 750.520e Section Criminal sexual conduct in the fourth degree; misdemeanor.

Section 750.520f Section Second or subsequent offense; penalty.

Section 750.520g Section Assault with intent to commit criminal sexual conduct; felony.


Now, if you go to the Michigan code, and look up the definitions of those offenses, you can figure out which one might apply to the activity in question.

However, the simple reason she was not charged with "rape" is because there is no crime called "rape" in Michigan, and that is true in many other states.

A person in Michigan can be charged with many and various degrees of "Criminal sexual conduct", but there is no crime called "rape".

Blue_true

(31,261 posts)
3. There is something wrong with that woman.
Tue Mar 28, 2017, 10:37 AM
Mar 2017

Maybe she is hyper sexualized, but she could have chosen to meet her desires with men. She chose a boy, that is immoral.

Latest Discussions»General Discussion»Chelsea-area mom accused ...