CO CO - Kayleah Wilson, 12, Greeley, 28 March 2010 - #6

[PickieChickie]

This is so confusing! This page states the age of consent in Colorado is 17.

Then, under the column title: Age differential between the victim and defendant (if the difference between the two ages is greater than this number then sex would not be legally allowed), it says this: 4 (if victim is less than 15), 10 (if victim is less than 17)

I am so confused by the 10 year - if victim is less than 17.

Check it out and see if you can figure out what they are talking about. You'll also find the variations from state to state very interesting.

It appears to be saying that if the age difference is more than 4 years for a victim less than 15, sex is not allowed and if a victim is 16 or 15 and the age difference is greater than 10 years, sex is not allowed. What do you gather?

Here: http://www.4parents.gov/sexrisky/teen_sex/statelaws_chart/statelaws_chart.html

 

[gngr~snap]

This is so confusing! This page states the age of consent in Colorado is 17.

Then, under the column title: Age differential between the victim and defendant (if the difference between the two ages is greater than this number then sex would not be legally allowed), it says this: 4 (if victim is less than 15), 10 (if victim is less than 17)

I am so confused by the 10 year - if victim is less than 17.

Check it out and see if you can figure out what they are talking about. You'll also find the variations from state to state very interesting.

Here: http://www.4parents.gov/sexrisky/teen_sex/statelaws_chart/statelaws_chart.html

I read it like this MOO
If the victim is under 15 then the partner cannot be over 4 years older...
If the victim is between the ages of 15 and 17 the partner cannot be over 10 years older...
over 17 is legal I guess with any age?

 

[cluciano63]

so if victim is 14, the other person must not be 18...and if victim is 16, other person must not be 26?
it is very confusing...
In any event, when victim is 12, and he was 17-18, he was always 4 yrs older at least...

 

[No More]

This is so confusing! This page states the age of consent in Colorado is 17.

Then, under the column title: Age differential between the victim and defendant (if the difference between the two ages is greater than this number then sex would not be legally allowed), it says this: 4 (if victim is less than 15), 10 (if victim is less than 17)

I am so confused by the 10 year - if victim is less than 17.

Check it out and see if you can figure out what they are talking about. You'll also find the variations from state to state very interesting.

Here: http://www.4parents.gov/sexrisky/teen_sex/statelaws_chart/statelaws_chart.html

It's not too confusing. Think of it this way:

In CO, if the victim is less than 15 and the predator is 48 months or more older than the victim, then it is statutory rape.

In CO, if the victim is less than 17 and the predator is 120 months or more older than the victim, then it is statutory rape.

Does that help?

 

[gngr~snap]

We have no information that she was ever pregnant or if she was, that RM knew about it. Or that an abortion was ever thought of at all. But I would hope that any 12-yr old anyplace seeking an abortion would be investigagted at least to ensure that it was not a case of incest or rape...

I was just pointing out that a pregnant 12 yo would give an 18 year old motive... if it were true and it would be very hard to "sweep a pregnancy under the rug" due to her age... and mandatory reporting laws... which do vary by state... would still probably land the 18 year old in jail... and if I am not mistaken... getting the underage girl pregnant add several years to the sentence... IMO!
I would hope that in any state a pregnancy in a 12 year old would be investigated... but I bet it doesn't happen as much as it should and I'm sure many girls lie to protect their older boyfriends.MOO

 

[eyes4crime]

Copied:

Colorado

§18-3-402
Sexual assault to knowingly inflicts sexual intrusion or sexual penetration on a victim (1) under age 15 if the actor is at least four years older or (2) at least 15 years old but less than 17 years old and the actor is at least 10 years older.


The former is punishable by two to six years' in prison and the latter by one to two years in prison

(1) Kayleah is 12yo and perp is 4 years older (17 and 18) = yes for statutory rape. Goes down to age 10.

OR
a child at least 15yo or less than 17yo and perp is 10years older.
Looks like a 15yo with a 25 yo = statutory rape?

 

[cluciano63]

I'm not even sure motive will be a factor if RM is the guilty one...stupid fit of rage, an argument, a break-up, jealousy...it might be something so stupid and meaningless to have to result in her death...JMO

 

[darlin gal]

This is so confusing! This page states the age of consent in Colorado is 17.

Then, under the column title: Age differential between the victim and defendant (if the difference between the two ages is greater than this number then sex would not be legally allowed), it says this: 4 (if victim is less than 15), 10 (if victim is less than 17)

I am so confused by the 10 year - if victim is less than 17.

Check it out and see if you can figure out what they are talking about. You'll also find the variations from state to state very interesting.

It appears to be saying that if the age difference is more than 4 years for a victim less than 15, sex is not allowed and if a victim is 16 or 15 and the age difference is greater than 10 years, sex is not allowed. What do you gather?

Here: http://www.4parents.gov/sexrisky/teen_sex/statelaws_chart/statelaws_chart.html

The age of consent in Colorado is 17, however there exists in the legislation close in age exceptions which allow those aged 15 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. However a 17-year-old can not legally consent to person that is in position of trust.

http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

 

[eyes4crime]

I'm not even sure motive will be a factor if RM is the guilty one...stupid fit of rage, an argument, a break-up, jealousy...it might be something so stupid and meaningless to have to result in her death...JMO

IF he murders without a motive, just blows up, he is one dangerous guy. 18yo don't usually break out into a murderous rage - and if that's what he did, I would suspect he has quite of history of violent anger. moo

IF he had motive such as pregnancy, he's still a monster. 18yo who go about solving their problems via murder are very disturbed human beings and I will be glad when he is behind bars for the rest of his life. MOO and I do mean IF

 

[PickieChickie]

The age of consent in Colorado is 17, however there exists in the legislation close in age exceptions which allow those aged 15 and 16 to engage in acts with those less than ten years older and those less than 15 to engage in acts with those less than four years older. However a 17-year-old can not legally consent to person that is in position of trust.




http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

Thank you. That's pretty ridiculous, don't you think? So a four-year-old can have sex with an 8-year-old and a 12-year-old can have sex with an 8 year old? GIVE ME A BREAK!

 

[gngr~snap]

so if victim is 14, the other person must not be 18...and if victim is 16, other person must not be 26?
it is very confusing...
In any event, when victim is 12, and he was 17-18, he was always 4 yrs older at least...

If you engage in sexual intercourse with a person who is 15 years old or younger, and you are at least four years older than your partner, you can be charged with sexual assault. This is true even if your partner willingly participates in the sexual activity. Remember, a minor is unable to make the decision to have sex, because he or she is not competent to do so under the Colorado statutory rape laws.

You are also taking the risk of being charged with sexual assault if you have sex with a partner who is between 15 and 17 years of age and you are at least 10 years older than that person. So, if you have sexual relations with a partner who is 16 and you are at least 26 years old, you are committing a crime.
http://blog.laborlawtalk.com/2006/10/26/colorado-statutory-rape-laws/

Honestly I am not sure that a 12 year old would not be considered child molestation and not statuatory rape? Researching this is so confusing!

 

[Natal]

Her mother says she ended the "relationship"...so is she acknowledging this was a relationship? I wish instead she had turned him into the police...

Having a relationship with a 12 year old isn't illegal, having sex is. I imagine that the mother found out about the relationship part, and put a stop to it. If she had gone to the police, and the child didnt co-operate there would be no charges and most likely it would generate significant resentment in the child against the mother.

As a parent the responsible thing would be to give your child guidance, not to act as the sword of justice for other people's sensibilities.

 

[eyes4crime]

Thank you. That's pretty ridiculous, don't you think? So a four-year-old can have sex with an 8-year-old and a 12-year-old can have sex with an 8 year old? GIVE ME A BREAK!

Children who are sexually abused during their early years often become quite sexualized. This is in response to the abuse. Often, these young children begin to molest other children in the ways they learned from their perp. Parent's say- oh they are just exploring but if a person looks closely, it actually is sexual molestation of another child. Maybe the laws are there to protect children from molesting other children. moo

 

[gngr~snap]

OK! He was not charged with statuatory rape he was charged with FELONY SEXUAL ASSAULT on a child!
They must have some strong eveidence! to book him with those charges... unless he admitted it...

He faces felony charges of sexual assault on a child, pattern of abuse. He appeared in court Friday where bail was set at $100,000.

http://news.yahoo.com/s/ap/20100521/ap_on_re_us/us_body_found_colorado

 

[YellowSubmarine]

There are moms and dads across planet Earth who fooled mom and dad by failing to stop a relationship when they were told to. Short of hiring a PI (Private Investigator) to assure the relationship has ended, I'm not sure what a parent can do.
To make matters worse, mom and the family have no car. She can't even check.

Reported at first that mom liked him - then assured herself it was over. If only Robert hadn't been a pedophile predator - maybe HE would have listened. How about the school - didn't they see Kayleah 12yo with an 18yo? Why didn't they report it? Neighbors, friends, and everyone else who may have seen them. moo

I agree BUT maybe a 12 y/o shouldn't be allowed to wander around alone in a town the size of Greeley with the not-so-good reputation as Greeley. ESPECIALLY after it just being found out she was in a "serious relationship" with this man. I think Kayleah may have fell victim to being a child given too much freedom and not enough supervision.

JMO

 

[lilcatt]

If Kayleah was pregnet how would she know? I wonder if she confided in someone? If she was I wish she had gone to her mother. I know it would have been hard but if she had maybe she would be here today.

 

[redsky]

lilcatt, I was about the post the same thing. If she was pregnant - would she have told anyone but the ? She had to have been very scared if she was.

 

[darlin gal]

OK! He was not charged with statuatory rape he was charged with FELONY SEXUAL ASSAULT on a child!
They must have some strong eveidence! to book him with those charges... unless he admitted it...

He faces felony charges of sexual assault on a child, pattern of abuse. He appeared in court Friday where bail was set at $100,000.

http://news.yahoo.com/s/ap/20100521/ap_on_re_us/us_body_found_colorado

It's the same thing.

What is the definition of statutory rape? While the terminology varies by state law, the concept is the same – any person who is a minor as defined by law is legally incapable of making the decision to have sexual intercourse with an adult.
Colorado statutory rape laws are no exception to this rule. And while statutory rape is not a rape in the literal sense (there is no violence, brutality or forceful coercion), the act is still considered a crime.
My work looking into Colorado statutory rape laws revealed the following facts.
If you engage in sexual intercourse with a person who is 15 years old or younger, and you are at least four years older than your partner, you can be charged with sexual assault. This is true even if your partner willingly participates in the sexual activity. Remember, a minor is unable to make the decision to have sex, because he or she is not competent to do so under the Colorado statutory rape laws.
You are also taking the risk of being charged with sexual assault if you have sex with a partner who is between 15 and 17 years of age and you are at least 10 years older than that person. So, if you have sexual relations with a partner who is 16 and you are at least 26 years old, you are committing a crime.
Some states are specific in regard to the gender of offender and victim. This is not the case under Colorado statutory rape laws. Therefore, you can be considered either an offender or a victim regardless of your gender.
The penalties for committing the crime of statutory rape in Colorado are steep. You are facing at least a year in prison if you are convicted, and your sentence could be as high as six years in prison, depending on the circumstances of the crime.


http://blog.laborlawtalk.com/2006/10/26/colorado-statutory-rape-laws/

The pattern of abuse was it happening more than once.

 

[YellowSubmarine]

If Kayleah was pregnet how would she know? I wonder if she confided in someone? If she was I wish she had gone to her mother. I know it would have been hard but if she had maybe she would be here today.

BBM --

We don't know that she didn't . . . . .

 

[gngr~snap]

Thank you. That's pretty ridiculous, don't you think? So a four-year-old can have sex with an 8-year-old and a 12-year-old can have sex with an 8 year old? GIVE ME A BREAK!

Under the age of 13 it's considered a felony because under 13 is still considered a child so the age laws do not apply until after age 13.

At least that's how I understand it...

Between adults, most sexual activity does not constitute a criminal offense, unless one of the adults does not consent to the activity. In contrast, minors are unable to give consent under the law. Indeed, the term "minor" refers to a person who has not yet reached majority, the age at which one may give consent in any legal matter (for example, a minor cannot make a valid contract).[7] However, actual laws and the maximum ages that constitute breach of law vary considerably by state. A person engaging in sexual activity with a minor below these proscribed ages (16-18), regardless of that minor's seeming "consent" or compliance, commits an offense (terminology varies). In most states, much more sever offenses and/or sentences exist for cases with young children, approximately under 12-13.
Many states[8] include in their penal codes a "Romeo and Juliet" exception for cases where sexual activity occurs between a young adult and a minor whose ages are within a few years of each other.[9] This exception typically bars charging the young adult with a sex offense, if the young adult did not use force or coercion on the minor and the minor is a teenager.[10]
http://en.wikipedia.org/wiki/Child_sexual_abuse_laws_in_the_United_States