Author Topic: VA police prepare to forcibly give a teen boy an erection in order to photo it  (Read 19690 times)

TommyGunn

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I'm with dogmush on this.  And Chris' remarks reinforce it.  If nudity, nude pictures, even sex in general, wasn't such a taboo, there wouldn't be all these repercussions from a simple photo.  In fact, there would probably be a lot less photos if seeing someone naked was not such a big deal.  Our culture needs to grow up, get over bewbs, balls, and butts, and get on with the more important things in life.

I don't think sex is really such a taboo, atleast not like it was in Victorian Times.  There is such a thing as "decency"  and I do think when children are involved they ought to have some protection until they're adults.
And yes kids develop at different rates -- this is why decisions about sex ed. and .... well, "sensitive things" is best left with the parents.
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Jamisjockey

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That's just it....I don't think sex is taboo at all.  Teens are exposed (in more ways than one) to it at a much younger age, and it is a large part of their culture.  The problem is adults who make laws that are too stupid to see that a 17 year old sending a pic of his junk to a 15 year old isn't child porn....it's dumb teens being teens. 
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MillCreek

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^^^ If I recall correctly, I think a similar issue arose (phrasing!) in one or more of the Michael Jackson civil suits.  It was alleged that his penis had some sort of distinctive curvature or discoloration.
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T.O.M.

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That's just it....I don't think sex is taboo at all.  Teens are exposed (in more ways than one) to it at a much younger age, and it is a large part of their culture.  The problem is adults who make laws that are too stupid to see that a 17 year old sending a pic of his junk to a 15 year old isn't child porn....it's dumb teens being teens. 

Amazingly enough, a lot of prosecutors in Ohio have recognized this, and instead of filing charges of kiddie porn (high level felonies with possible registration requirements), they are filing misdemeanor charges in cases of kids emailing/texting nudie photos.  You may not agree that any charge is appropriate, but it sure beats having some 14 year old girl labeled as a sex offender for sending a photo to her boyfriend...
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makattak

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KD5NRH

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Looks like publicity made them walk back their plan:

Anybody else find it a little odd that they couldn't come up with a non-medical way that a 17 year old boy could be aroused?

I remember 17.  Let's just say it was a "more often than not" condition then.

MechAg94

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That's just it....I don't think sex is taboo at all.  Teens are exposed (in more ways than one) to it at a much younger age, and it is a large part of their culture.  The problem is adults who make laws that are too stupid to see that a 17 year old sending a pic of his junk to a 15 year old isn't child porn....it's dumb teens being teens. 
It is all about laws aiming to prevent child porn and child molestation.  Those are activities no one wants, but can get murky when dealing with older teenagers.
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MechAg94

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Once upon a time I was involved with a case in which a juvenile male was charged with sexual offenses against a young child.  After the young child testified, the defense attorney made a motion to have the court (me) examine the boy's genitals to see if reality matched what the victim described (she alleged he had scarring that made his genitals...unique).  When I was done spewing coffee and screaming no, she filed a motion to have the boy photographed by my bailiff for the same purpose, which got a big Hell No! from me, my Judge, and the Court of Appeals. 

Sexting is a huge problem, especially among teens.  It is far too common.  I'm actually in trial now (boring hearing).  I'll write more about sexting when I can.
Okay, not knowing anything about that case, if someone was accusing a defendant and the only way to surely exonerate them was examination of their privates, how would things proceed?  Would a doctor examine the kid and testify?  I certainly agree that pictures would be inappropriate.  Even digital pictures in criminal evidence are likley to leak out eventually.
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KD5NRH

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Okay, not knowing anything about that case, if someone was accusing a defendant and the only way to surely exonerate them was examination of their privates, how would things proceed?  Would a doctor examine the kid and testify?

I would think doctor and one carefully chosen impartial witness.  That gives two sworn statements to go from.

T.O.M.

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Okay, not knowing anything about that case, if someone was accusing a defendant and the only way to surely exonerate them was examination of their privates, how would things proceed?  Would a doctor examine the kid and testify?  I certainly agree that pictures would be inappropriate.  Even digital pictures in criminal evidence are likley to leak out eventually.

I would think that would benthe best way.  In my case, the evidence was largely irrelevent, asbthe victim (a 6 year old girl) didn't exactly give a detailed description of what the perp was sticking in her mouth.  Defense lawyer was trying to ask for more details, but I believe the girl honestly said she didn't look at it "really closely."  Girl testified he "peed white stuff on her shirt", and DNA matched (defense argued the perp used her dirty shirt for private solo entertainment). 

As to the issue, absent some kind of sigjificant scarring, defect, or such, I can't imagine a photo,  or examination, would make all the difference.  But a witnessed doctor examination would be the best way, and probably best protect the rights of an accused...
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Perd Hapley

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I would think that would benthe best way.  In my case, the evidence was largely irrelevent, asbthe victim (a 6 year old girl) didn't exactly give a detailed description of what the perp was sticking in her mouth.  Defense lawyer was trying to ask for more details, but I believe the girl honestly said she didn't look at it "really closely."  Girl testified he "peed white stuff on her shirt", and DNA matched (defense argued the perp used her dirty shirt for private solo entertainment). 

As to the issue, absent some kind of sigjificant scarring, defect, or such, I can't imagine a photo,  or examination, would make all the difference.  But a witnessed doctor examination would be the best way, and probably best protect the rights of an accused...

From now on, I'll know better than to read anything Chris posts in one of these threads.  :facepalm:
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From now on, I'll know better than to read anything Chris posts in one of these threads.  :facepalm:
Dude,no one,Chris included,should have to read/experience that.
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T.O.M.

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From now on, I'll know better than to read anything Chris posts in one of these threads.  :facepalm:

I think I kill a lot of threads by telling stories from my little corner of the world.  That said, I appreciate you all putting up with it...kind of like therapy,but with booze and bullets (seperate, of course).
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Perd Hapley

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Dude,no one,Chris included,should have to read/experience that.


At least he gets a chance to do something about it. I hope that helps.
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At least he gets a chance to do something about it. I hope that helps.

Hopefully he goes by the name Boris at work then.
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I think I kill a lot of threads by telling stories from my little corner of the world.  That said, I appreciate you all putting up with it...kind of like therapy,but with booze and bullets (seperate, of course).

I know I'm pretty harshly critical of the "justice" system and the people who take advantage of it, but at the end of the day I truly am grateful for folks like you doing the best you can and dealing with such horrors. It's appreciated.
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I know I'm pretty harshly critical of the "justice" system and the people who take advantage of it, but at the end of the day I truly am grateful for folks like you doing the best you can and dealing with such horrors. It's appreciated.

I fully agree and thank you for having to listen to and endure what we do not.  I sincerely hope that you are able to put it behind you as you deliver justice to those who so richly deserve it.
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brimic

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I know I'm pretty harshly critical of the "justice" system and the people who take advantage of it, but at the end of the day I truly am grateful for folks like you doing the best you can and dealing with such horrors. It's appreciated.
This.
My only criticism here is that the justice system stands in the way of immediate justice of the correct level being applied in such cases. I guess we get the best we can with with what we have at hand...  
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T.O.M.

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This.
My only criticism here is that the justice system stands in the way of immediate justice of the correct level being applied in such cases. I guess we get the best we can with with what we have at hand...  

Executing minors is frowned upon, I'm afraid.
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brimic

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Executing minors is frowned upon, I'm afraid.
Ughh. I'm glad I don't have to do your job. =|
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freakazoid

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I wonder how many parents should be convicted of felonies for taking pictures of their baby. :facepalm:
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Hawkmoon

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The legal consequences of sexting are very serious. It is against the law in Virginia to produce, store or share lewd or explicit pictures of minors (those under 18). Sexting can be prosecuted as child pornography, a felony that can result in years in prison and having your name on the sex offender registry for life.

This means that if someone simply has such images on their cell phones, shares them with other students via cell phone, or creates them using their cell phones, they may be found guilty of a felony. (Code of Virginia §§ 18.2-374.1 and 18.2-374.1:1)

Other laws may also apply, depending on the circumstances:

§18.2-152.7:1, if the sexting involves bullying or harassment; and

§18.2-374.3, if the sexting involves an adult (18 or older) who has solicited images from a child.
In addition to legal consequences, students involved in sexting may be suspended from school, they may be dismissed from jobs and organizations, they may be denied admission to college, and they may lose job opportunities later in life.

All the above may be true and correct, but I still won't accept that it's in any way legal for cops to force anyone to have an erection. If nothing else, it could be argued to be a form of coercing a suspect to testify against him/herself, and that's certainly illegal.
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Fitz

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All the above may be true and correct, but I still won't accept that it's in any way legal for cops to force anyone to have an erection. If nothing else, it could be argued to be a form of coercing a suspect to testify against him/herself, and that's certainly illegal.

Oh absolutely not. I didn't mean to give that impression from my post. Was mostly responding to the earlier discussion.

Forcing an erection and taking a pic is beyond the pale.
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I think the weakest link here is the hospital.  They would have no immunity.  The goal is loss of license for the doctor, and loss of license and accreditation for the hospital.  Let the disgraced hospital sue the cops.  Jailtime for the doctor would be appropriate, but no point in seeking that because the prosecutor would be the same a-hole that charged the stupid young man with a felony.
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RoadKingLarry

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I wonder how many parents should be convicted of felonies for taking pictures of their baby. :facepalm:

It's been attempted.
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