CaneSince4Ever
Senior
- Joined
- Dec 12, 2012
- Messages
- 7,002
I'm just gonna sit back and watch the learned db305 attempt to explain why he cited that statute to support his proposition. This should be entertaining.
please, feel free to refute anything that i've said. from my very rudimentary knowledge of the law, it boils down to this:
1. figs and blue were 20 at the time of the incident and the girl was 17, so they were ok under florida law to have consensual *** with her because of the provision built in allowing adults to have *** with minors within a specified range.
2. they admitted to the police that they got her drunk and had *** with her. this admission was after they were read their miranda rights, so those statements made are fully admissible in court.
3. because she was drunk, she could no longer give consent in the eyes of the law, which scraps the underage provision that would have covered them.
Agree with #1.
#2...ehhhhhh.
#3...I think that's where our disagreement stems. None of those statutes say anything about inebriation scrapping "the underage provision". Again, per the arrest affidavit, they were both charged with sexual assault, & one of em' was charged with having a fake ID. The only mention the arrest affidavit makes of age, is where they say "The Victim is 17 years of age." Doesn't say anything about underage in that affidavit.
https://cmgpbpcaneswatch.files.wordpress.com/2014/07/blue-figueroa-arrests.pdf