Statuatory Rape Law in Alaska & Bristol Palin's age

[npincus]

on edit: not able to get a fix on Bristol's birthdate, other than references that she was 16 when impregnated. Anyone know this?

Was Gov. Palin's keeping the pregnancy under wraps in her state, her likely reluctance to disclose it to the McCain camoaign, part of the cover-up to prevent the baby's father from being prosecuted for Stauatory Rape under Alaska's strict SR law? As the Governor, she would have been obliged to follow the laws of her state. The whole thing is fishy... who is the father, and how old is he? Sarah Palin is covering for him.


http://blog.laborlawtalk.com/2006/10/18/alaska-statutory-rape-laws/

Alaska Statutory Rape Laws

Statutory rape is defined as sexual activity – without the use of force or violence – with anyone defined as a minor. The thought behind these laws is that a minor is unable to legally consent to sexual activity. Statutory rape is so common in the United States that the federal government’s Department of Health and Human Services commissioned a report on this type of crime in 2004.

State laws vary slightly in terms of defining the term “minor” and in the criminal and financial penalties that can be applied to statutory rape cases. At this time I’d like to discuss Alaska statutory rape laws with you for a few minutes.

The age of consent is defined as 16 years old, according to Alaska statutory rape laws. If a person who is at least 18 years old engages in sexual activity with a person who is 16 years old or younger, he or she will be charged with sexual abuse of a minor in the first degree. This charge is a felony in Alaska. And remember, it does not matter if you did not force or threaten the other person into performing this sexual act with you. It is still a crime under Alaska statutory rape laws.

Any person who is 16 years old or older who has sexual intercourse with a minor who is 13-, 14-, or 15-years-old will be charged with sexual abuse of a minor in the second degree. Again, this charge is also a felony.

You can also be charged with a felony – sexual abuse in the third degree – if you are at least 16 years old and you have sex with anyone who is age 13-15, or if the person is a minor at least three years younger than you. In addition, Alaska statutory rape laws declare that anyone who is 18 years old or older who has sex with a person who is 16 or 17, or who is at least three years younger than the offender, can be charged with sexual abuse in the third degree. This is also a felony.

Alaska statutory rape laws carry punishments that include imprisonment and fines.

[MadBadger]

1. What point are you trying to make here?

[Dawgs]

3. For one thing the OP shows that someone is LYING about her age.

What is the reason they're lying is a good point.

[Motown_Johnny]

4. The point is.. if the father is 18 and Bristol is 16 then the father is a felon and the Governor is

sworn to uphold the laws of Alaska.

She should be pressing charges on the father of her grandchild, but isn't.


If the father is 18

[MadBadger]

I couldnt even attempt to summon the outrage of an 18 year old having sex with a 16 yr old.

[chascarrillo]

It's a new species: The "lack of concern" troll.

[MadBadger]

13. Yup, that's me!

The Lack of Concern Troll

[Motown_Johnny]

40. Not the point.. the law is the law and it is her job to uphold it. End of story

[glancingthefuture]

66. It used to that only the repugs nosed into the families business. Times

have changed when DU members sound like the RW

[MaraJade]

81. Amen and Amen and Amen. . .

Barack Obama has asked that we not talk about this and bash the Palin daughter.
I think that we should obey him.

[glancingthefuture]

84. I intend to on this issue. It does

Democrats on good to be seen as dissing a teenage kid in trouble. I am glad she -the daughter has a supportive family to see her through this crisis. So many teens do not have the support structure they need.

[w4rma]

45. Then you should be outraged that the law is written as such and try to change it by helping shine

a spotlight on this situation. If the father is 19 or higher then by equal enforcement of the law he should be prosecuted. If you don't think this is right, then you better be for changing the laws all throughout the United States, or else you support inequality in enforcing the law.

[Seen the light]

2. That wasn't her Myspace page

That was the page of Mercede, the sister of Levi, the boyfriend of Bristol.

[book_worm]

5. do we know how old the father is?

[Spider Jerusalem]

6. That's a stupid law.

We had a case here in Georgia where a 16-year-old was arrested, tried and convicted of statutory rape for going down on his 15-year-old girlfriend; is this kind of total insanity the sort of thing you want to promote, even if it's true? It seems highly unreasonable that a high school student would be treated as a sexual predator for his relationship with his girlfriend who isn't really much younger.

[kdmorris]

7. That myspace page was for the alleged father's sister

NOT Bristol Palin. The age of the father may still come into question though, if he is older than 20, according to the last statute.

[npincus]

12. thanks- post edited to reflect uncertainty about her age.

[gordianot]

8. Check this out the father may be 26.

see post by Catwoman: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3900804

[LisaL]

14. The article in a newspaper said he was 18.

[gordianot]

32. My post was later. I think the poor girl needs privacy, I just love GOP spin

Ms. Palin used her family as stage props this is all blow-back. In the end her secessionist AIP affiliation will do her in.

[bbinacan]

9. My God

have we sunk this low?:eyes:

[LisaL]

16. WTF is low about enforcing the laws?

Only in this case, there does not seem to be a crime. Bristol is reported to be 17. The age of consent in Alaska is 16.

[npincus]

19. if she was 16 at the time, and the guy who-dunit was 18 or older

that would be a felony under Ak's SR law.

[LisaL]

28. How do they come up with these laws?

If the age of consent is 16, why is it a felony to have sex with a 16 years old if you are over 18?

[npincus]

44. no- not if the "perp" is 18 and the "victim" is 16 or younger

even if force or threats were not used.


If a person who is at least 18 years old engages in sexual activity with a person who is 16 years old or younger, he or she will be charged with sexual abuse of a minor in the first degree. This charge is a felony in Alaska. And remember, it does not matter if you did not force or threaten the other person into performing this sexual act with you. It is still a crime under Alaska statutory rape laws.

[marshall]

57. If she's 17 and he's 18

then when she was 16 he was most likely 17.

[onenote]

86. wrong

http://www.touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section438.htm

[AZ Criminal JD]

20. Why don't you go up to Alaska and make a citizen's arrest

Then get back to us.

[LisaL]

27. WTF should I enoforce the laws in Alaska? I don't live there.

[AZ Criminal JD]

50. You seem to have some sort of intense interest in other people's sex lives.

I'm sure you will find a way to make it a federal crime and then you will have jurisdiction. I have confidence in you. Go get them!

[LisaL]

54. Fuck off.

[DU9598]

23. Thanks Lizzy

This is simply asking questions about how Palin enforces the law. If she would cover up a statutory rape of her daughter, that is criminal itself (CHILD ENDANGERMENT). These are very fair questions that deserve answers.

[AZ Criminal JD]

51. Why don't you go through your neighborhood

And ask questions about birth dates of children and the ages of fathers and mothers. I'm sure you will find some juicy stuff. Then go report it to the police. It is your duty. Go get them!

[LisaL]

53. No, I rather drive up to the FLDS compound and remove

400 or so children.
Most of DU supported that as I recall.

[AZ Criminal JD]

82. Thye did until the facts came out. You recall wrong.

Search is your friend.

[bbinacan]

10. Delete, Dupe

[the Sundance Kid]

11. what is Bristol's birthdate?? that's a simple enough question to get answered

[npincus]

15. I haven't been able to find it anywhere... doing The Google

And why no information available on who-dunit (to Bristol). Some old dude?

[the Sundance Kid]

17. me either. I even tried one of the background check sites and no go

[npincus]

21. wow--- scrub-a-dub-dub

perhaps someone gave the Internets a bath?

[dailykoff]

18. What if Bristol was 16 and the father was 15

at the time of conception, would she be guilty of statutory rape? If so, that would be a good reason for Sarah to have claimed the baby was hers, especially if they didn't figure out that particular angle until late in the game.

[LisaL]

22. What if the moon was made of cheese?

The father is not younger than Bristol is.

[dailykoff]

25. How old does he look to you?

That's his sister, Bristol's friend.

:shrug:

[LisaL]

30. I would say 17 to mid twenties. That's the best I can do.

[dailykoff]

35. He looks like her little brother, and she looks about Bristol's age.

hey it happens. Here's another pic:

[LisaL]

37. He is not her little bro.

In captions, he is called "big bro."
So, he got to be older than she is.

[dailykoff]

39. Could be, but I've know sisters to call little brothers big bro.

Look I'm just speculating, but he looks awfully young to me--younger than her.

[LisaL]

55. I don't think it's the same kid whose profile is on

the myspace page.

[POAS]

59. Those beverages wouldn't be beer would they?

How old is Levi again?

[LisaL]

64. I don't see any beverages in that photo.

[POAS]

73. Pic in post #35

[LisaL]

24. What if the moon was made of cheese?

The father is not younger than Bristol is.
And those laws are insane.
16 year old having sex with a 15 year old makes 16 year old a felon? Probably a sex offender for life as well?
Good god.

[dailykoff]

29. Yes, the laws are insane, but the gov is supposed to enforce them.

I don't think they'd have pulled this switcheroo if they didn't have to.

[L. Coyote]

26. "It’s The Corruption, Stupid" = Abramoff, McCain, Palin & the GOP

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x6870492

[Mass]

31. Come on, except for the hypocrisy of Palin, there is nothing there.

Give it up. In addition, if she is 16 or 17 and him 18, it does not even fit the statute you posted. This is ridiculous.

[LisaL]

33. If she were 16, and the father over 18, it would be a felony.

If the OP article is correct.

[Mass]

42. He would have to be more than 19 if she is 16 to be more than 3 years older.

Thankfully, most prosecutors do not prosecute sex between teenagers. It would be sickening and a loss of resources.

For the rest, given that there are no serious sources on the age of the boyfriend being more than 19, the OP is simply gossiping about the private life of a teen. Sorry, but while it is just what the GOP would be doing, it is sickening.

[LisaL]

43. That's not what OP article says.

[Mass]

46. I misread the OP, but it still makes me sick that DU is policing sex between teenagers.

If the law is written this way, it is a stupid law. It means that a young man of 17 can have sex with his girlfriend of 16 1/2 and that, on the day of his 18 th birthday, he become a felon? This is insane.

[LisaL]

DU hasn't come up with these laws.

Alaska legislature did.

[LisaL]

47. DU hasn't come up with these laws.

Alaska legislature did.

[chascarrillo]

34. No story here. ADN article from 1999 gives her age as 9, which means she turns 18 this year.

http://news.google.com/archivesearch?q=%22bristol+palin%22&btnG=Search&ie=UTF-8&oe=utf-8&um=1&scoring=n&scoring=n

From RANGE TRAINS SAFE SHOOTERS - SPORTSMEN PROGRAM... - Anchorage Daily News

"Dec 12, 1999 - First-time shooter Bristol Palin, 9, recently learned how to handle a rifle with help from Hal Morgan at the Matanuska Valley Sportsmen shooting range south of Palmer. The range's educational shooting program for youths ages 8 to 19 has attracted about 400 participants since it began ... "

Whole article is available for a fee, but I think that's enough to put this angle to rest.

[dailykoff]

36. Unless the father was under age.

Then there's a problem.

[FarCenter]

38. His myspace page says 18

http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=244796355

[LisaL]

41. That's not exactly proof of his age.

Teenager could have easily put a wrong age on his myspace page, for whatever reason.

[kdmorris]

48. Sorry, but that's not exactly proof of age

Although I believe he probably is around 18 years old.

My daughter had a myspace page when she was 15 stating she was 19, until we found out and shut it down.

[dailykoff]

49. "About me: jus turned Single! Looking for a good time..."

:wtf:

[LisaL]

63. I think this is the wrong Levi's myspace page.

[LisaL]

52. That's not even the same kid as in the photo with Bristol's friend?

Which one is actual Levi?

[FarCenter]

56. How many Levi Miller's about this age can there be?

http://74.125.95.104/search?q=cache:phycZ3-cGwwJ:www.anchoragerunningclub.org/documents/2007Humpys5kMen.pdf+%22levi+miller%22+wasilla&hl=en&ct=clnk&cd=6&gl=us

2007 HUMPYS MARATHON, HALF-MARATHON AND 5K 
AUGUST 19, 2007 9:00 A.M. CLOUDY 60 Degrees 
Anchorage, Alaska 


****FINAL OVERALL MENS 5K RESULTS******


Place No.    Name                Age S City            St Time    Pace 
===== ===== ==================== === = =============== == ======= ===== 
    8 1763 Levi Miller           16  M Fort Richardson AK   20:21  6:33

[POAS]

60. Here in Amish country I bet there are quite a few

[MindMatter]

61. At least this is a scenario that finally makes some sense

If the boy was younger than Bristol, then Bristol could be at risk of a felony charge. This would almost never be prosecuted if the parties "do the right thing" quietly. But when the potential felon is the daughter of the Governor, everything changes.

If Bristol was exposed to a felony charge, Sarah very well could have freaked out and come up with this elaborate fake pregnancy scheme.

[LisaL]

62. The boy is not younger than Bristol.

[MindMatter]

80. We don't really know any of this for sure

[starroute]

58. Police report from that accident in February -- she was 17 by then

http://www.babble.com/CS/blogs/famecrawler/archive/2008/08/30/bristol-palin-pregnancy-is-sarah-palin-s-baby-really-her-daughter-s.aspx

On February 8, 2008, at 1737 hours, Wasilla Police responded to two vehicle collision at Seward Meridian Parkway and Fireweed Drive . Investigation revealed that Bristol Palin, age 17 of Wasilla, was driving a 4-door sedan and attempted to turn into a business when she struck a 2-door sedan driven by Joshua Moffet, age 19, of Wasilla. Palin was issued a citation for Failing to Use Due Care to Avoid a Collision. Moffet was issued a citation for an expired registration and no proof of insurance.

[Bernardo de La Paz]

70. She may have been drunk by then. DU thread link.

Note: This is all just background. No attacks on Bristol, please. However, Sarah Palin family values hypocrisy and asking whether abstinence-only is effective are valid issues.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=6872633&mesg_id=6872633

[Matariki]

65. No. Look.

http://www.nydailynews.com/news/politics/republican_race/2008/09/01/2008-09-01_bristol_palins_pregnancy_was_an_open_sec.html

[Duer 157099]

67. Bristol's DOB: 10/18/90 n/t

[Motown_Johnny]

68. So the father would need to have been born on or before 10/18/87 for this to be a crime

Unless I am missing something.....

[FatDave]

69. I don't think it's that black and white

If the girl is above the age of consent, no matter how old the guy is, and she gives her consent, it's not statutory rape.

For example, say the age of consent is 16. A 21 year old man is found to be sleeping with a 16 year old girl. The girl's parents may be freaked and may want to charge the man with statutory rape. They may even press charges. But if the girl says "no, I consented", then charges are dropped.

It's the age of consent. Why do you think it's called that?

[LisaL]

72. Not according to the OP article. You should read it..

However, it does not appear there could be any issues with statutory rape here.

[FatDave]

74. I did read it.

It seemed to be written by a person who had no understanding of the meaning of "age of consent"

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

Age of consent in Alaska is 16. If she was 16, she could have legally fucked a 40 year old. He could not have been charged with any crime if she said in a legal setting "I consented to have sex with this man". What are you guys missing here?

[LisaL]

75. That's what I believed before I read the OP.

Are you saying OP is wrong?

[FatDave]

79. Yes, I believe the OP is incorrect

The age of consent is defined as 16 years old, according to Alaska statutory rape laws. If a person who is at least 18 years old engages in sexual activity with a person who is 16 years old or younger, he or she will be charged with sexual abuse of a minor in the first degree. This charge is a felony in Alaska. And remember, it does not matter if you did not force or threaten the other person into performing this sexual act with you. It is still a crime under Alaska statutory rape laws.

The second bolded portion should read "with a person who is 15 years old or younger"

She was 16. The age of consent was 16. No crime unless she says there's one.

The OP is also confusing the term "minor" with "age of consent". The two are very rarely the same. In some jurisdictions, anything under 21 is a minor.

Now, I haven't gone and looked up the Alaska state code, so there;s a chance that I'm wrong, but I don;t think I am. I think it's most likely a typo in the article cited by the OP.

[FarCenter]

71. Levi Johnston, not Levi Miller

http://www.nydailynews.com/news/politics/republican_race/2008/09/01/2008-09-01_bristol_palins_pregnancy_was_an_open_sec.html

Gotta love the Daily News!

[Psyop Samurai]

77. "Gotta love the Daily News!"...

I'll say! :rofl:

Folks, I'm not with this whole statutory rape discussion, but you have to read this article! It's hilarious, and has the following gem to boot:

Mark Okeson, the assistant principal at Wasilla High School, told the Chicago Tribune that Bristol started her junior year last fall, in the town where Sarah Palin grew up.

He said Bristol inexplicably transferred to an Anchorage high school midyear, leaving Levi behind.

"I never heard the story why," he said."She was very well respected, very kind to be around. She ran in lots of circles."

He said he learned of the pregnancy Monday.

"I'm sorry to hear this, but I have every confidence they can handle this]," he said. "Just like children should not pay for the sins of the parents, the parents should not pay for the transgressions of the children."

Thanks for the link. :)

[Motown_Johnny]

76. She was 17, he was 18.. story ends there

[dailykoff]

78. Links to DOBs?

They're still a little hazy at this point, but clearly relevant to this issue.

[ieoeja]

83. The author misworded that.

- The age of consent is 16.
- Sex with anyone 16 or younger is illegal (e.g. age of consent is 17).
- Anyone 16 or older having sex with 13-15 is illegal.

Two of those three statements say the age of consent is 16. EVERYTHING I have found online says the age of consent in Alaska is 16, not 17. So either the author of that article got one statement incorrect, "16 years or younger", or that author got everything else wrong as did every other online source I have been able to locate.

[onenote]

85. the OP appears to misstate alaska law

For example, it suggests that someone can be charged with sexual abuse in the third degree if they are 18 or older and has sex with someon who is 16 or 17, OR is three years younger than the offender.

That obviously is incorrect, since it would mean that a 45 year old who has sex with a 41 year old would be guilty of sexual abuse. The error is that it is not 16/17 OR three years younger, its 16/17 AND three years younger. In other words, an 18 year old having sex with a 16/17 year old doesn't violate the law. A 21 year old having sex with a 16 or 17 year old would violate the law.


Here is a link to the ALaska law: http://www.touchngo.com/lglcntr/akstats/Statutes/Title11/Chapter41/Section438.htm