A former Cape May business owner who claimed a 13-year-old boy, with whom he had a sexual encounter, lied about his age cannot use that as a defense at trial, Appellate Court judges decided May 31. Full Article
ain’t this something
Judges Francis Vernoia and Scott Moynihan rejected Saponaro’s motion to present at trial that he was reasonably mistaken about the victim’s age.
real fair trial huh…can’t submit or use contractual agreements that states you must be of legal age to consent to a contractual agreement i.e. 18 in the Good ol US OF A, cant present other conversations you had with the so called victim that could help exonerate you, can’t even have access to your hard drive for mitigating circumstances or to prove factual impossibility claims, on and on..Fair trials my assssssss.
mike r
Guest
June 5, 2017 2:10 pm
oh yeah almost forgot you aren’t entitled to an attorney when you appeal to the federal courts…and they make it virtually impossible to know how to apply for certification for the federal appeals court. 9th circuit probably would have overturned my convictions if I could have gotten it in front of them.
Nondescript
Guest
June 5, 2017 3:04 pm
The problem is that some 17yr olds look like 25 and some 30 yr olds look like 16 yr olds. At some point in the near future people will be vetted and required to register to date someone from a government outsourced dating pool. Fingerprints, electronic health records, and financial information will all be on file. Hooking up with anyone for a brief liaison will be outlawed. The laws are incrementally moving in that direction.
i can't wait to die
Guest
June 5, 2017 4:57 pm
just to let you know in Florida if a person is in a bar drinking, has fake id signs a paper stating they are a certain age tells you they are of certain age, etc… and they end up being under age you are prohibited from using any of those lies, misrepresenting, etc… as a defense or even bringing in up in front of a jury
Nicholas Maietta
Guest
June 5, 2017 7:59 pm
If a store sells an alcoholic beverage to a minor, regardless of intent, they lose their liquor license and are heavily fined. An anonymous underground website known as Silk Road was linking drug users to drug sellers were busted and arrested. If you drink too much and don’t make a good choice while under the influence and end up driving against better judgement, and end up killing or hurting someone, you are still held accountable. Yet when a sex-encounter oriented website assists a man in making sexual contact with a child, they are not somehow responsible in some way?
Grindr is in the business of helping to connect random people up for sex. They have a responsibility to at least vette it’s users to ensure they stay within the confines of any law where their users are. If they don’t, they should be held at least somewhat accountable.
PJ
Guest
June 6, 2017 8:48 am
Yup Yup…this was exactly with my case. Lied about her age and everything. Even know and met a few people during my probation time with this type of situation(with fake IDs and all) . But in Florida, the statute is very clear on that. Even says it in big capital letters. “Ignorance of victims age is not a defense”. I had solid physical proof on paper that not only did she lied to me about her age, but she was even doing it again online during my trial. lol. with another profile and to another person. I had an old friend of mine who was a private investigator at the time tail her online and we caught her. I printed it and made 10 copies to present to the court during my trial. They wanted to give me 7 years in prison but because of that evidence, the judge took it into consideration, he gave me 9 months in jail, 5 years probation and a lifetime club membership on the registry. This was about 8 years ago. But I remember then, that there about 20 states or so with similar statutes. Some states back then would of probably thrown the case out with that evidence. —- maybe.
Cool CA RC
Guest
June 6, 2017 9:03 am
Remember Tracy Lords who was only 14 when she did her porn movies.
The producer did show the court her fake ID and I am now wondering how they got away with this if you can’t use this excuse.
mike r
Guest
June 7, 2017 12:36 pm
the big picture here is that a ffffing judge decides what can and can’t be presented at trial and in my case rebutted any thing that could possibly be in my favor. i.e. contractual agreement, on adult sites, other conversations relevant to the alleged crime, video from store showing time stamp of leaving 15 minutes before meeting was to take place which would exonerate me of an attempt, if you claim you’re going to murder someone show up with a gun turn around leave because you came to your r senses you can not be prosecuted as attempted murder, same thing in my case. non of it allowed during trial no objections by public pretenders no second chances..total kangaroo court…
Joe
Guest
June 9, 2017 10:44 pm
In most jurisdictions, “statutory rape” is a strict liability crime. Either the person is of age or not. Of course, it is a strict liability crime unless someone is entrapped by a 40 year old cop posing as a 15 year old girl on line. Then we have intent and attempt where belief re age is a critical factor. Funny how the law works, no?
ain’t this something
Judges Francis Vernoia and Scott Moynihan rejected Saponaro’s motion to present at trial that he was reasonably mistaken about the victim’s age.
real fair trial huh…can’t submit or use contractual agreements that states you must be of legal age to consent to a contractual agreement i.e. 18 in the Good ol US OF A, cant present other conversations you had with the so called victim that could help exonerate you, can’t even have access to your hard drive for mitigating circumstances or to prove factual impossibility claims, on and on..Fair trials my assssssss.
oh yeah almost forgot you aren’t entitled to an attorney when you appeal to the federal courts…and they make it virtually impossible to know how to apply for certification for the federal appeals court. 9th circuit probably would have overturned my convictions if I could have gotten it in front of them.
The problem is that some 17yr olds look like 25 and some 30 yr olds look like 16 yr olds. At some point in the near future people will be vetted and required to register to date someone from a government outsourced dating pool. Fingerprints, electronic health records, and financial information will all be on file. Hooking up with anyone for a brief liaison will be outlawed. The laws are incrementally moving in that direction.
just to let you know in Florida if a person is in a bar drinking, has fake id signs a paper stating they are a certain age tells you they are of certain age, etc… and they end up being under age you are prohibited from using any of those lies, misrepresenting, etc… as a defense or even bringing in up in front of a jury
If a store sells an alcoholic beverage to a minor, regardless of intent, they lose their liquor license and are heavily fined. An anonymous underground website known as Silk Road was linking drug users to drug sellers were busted and arrested. If you drink too much and don’t make a good choice while under the influence and end up driving against better judgement, and end up killing or hurting someone, you are still held accountable. Yet when a sex-encounter oriented website assists a man in making sexual contact with a child, they are not somehow responsible in some way?
Grindr is in the business of helping to connect random people up for sex. They have a responsibility to at least vette it’s users to ensure they stay within the confines of any law where their users are. If they don’t, they should be held at least somewhat accountable.
Yup Yup…this was exactly with my case. Lied about her age and everything. Even know and met a few people during my probation time with this type of situation(with fake IDs and all) . But in Florida, the statute is very clear on that. Even says it in big capital letters. “Ignorance of victims age is not a defense”. I had solid physical proof on paper that not only did she lied to me about her age, but she was even doing it again online during my trial. lol. with another profile and to another person. I had an old friend of mine who was a private investigator at the time tail her online and we caught her. I printed it and made 10 copies to present to the court during my trial. They wanted to give me 7 years in prison but because of that evidence, the judge took it into consideration, he gave me 9 months in jail, 5 years probation and a lifetime club membership on the registry. This was about 8 years ago. But I remember then, that there about 20 states or so with similar statutes. Some states back then would of probably thrown the case out with that evidence. —- maybe.
Remember Tracy Lords who was only 14 when she did her porn movies.
The producer did show the court her fake ID and I am now wondering how they got away with this if you can’t use this excuse.
the big picture here is that a ffffing judge decides what can and can’t be presented at trial and in my case rebutted any thing that could possibly be in my favor. i.e. contractual agreement, on adult sites, other conversations relevant to the alleged crime, video from store showing time stamp of leaving 15 minutes before meeting was to take place which would exonerate me of an attempt, if you claim you’re going to murder someone show up with a gun turn around leave because you came to your r senses you can not be prosecuted as attempted murder, same thing in my case. non of it allowed during trial no objections by public pretenders no second chances..total kangaroo court…
In most jurisdictions, “statutory rape” is a strict liability crime. Either the person is of age or not. Of course, it is a strict liability crime unless someone is entrapped by a 40 year old cop posing as a 15 year old girl on line. Then we have intent and attempt where belief re age is a critical factor. Funny how the law works, no?