Policeman stages fake arrest of boy for having sex with his daughter

MWF

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Saw this and thought it would be interesting to get the Forum's thoughts on it.

A police officer has been suspended for staging a fake arrest of a 15-year-old boy after discovering the teenager was having sex with his stepdaughter.

The motorcycle officer, who was in uniform and armed, went to the boy's home in San Jose, California where he handcuffed him and lectured him for more than five minutes.

He told the boy, who had been seeing the 14-year-old girl for some time, that he was going to face criminal charges of having sex with a minor.

The officer said: "It does not bode well for you. Do you know what that means? No? Not a good thing that the person you had sex with is a cop's daughter. The district attorney will probably file charges.

"A cop's daughter is not somebody you mess around with. You're stupid."

One of the boy's parents videoed the incident and complained to police.

The case sparked a national debate in the US about whether the officer had abused his position, or was simply acting as a concerned father.

Tony Boskovich, a lawyer for the boy's family, said: "Applying force, applying handcuffs, threatening the young man with things such as rape in prison, he acted like a cowboy. He lost it, he came in and he abused his authority."

However, the officer's lawyer Terry Bowman said the boy's parents had not objected at the time.

Mr Bowman said: "Everything was done in the spirit of reaching a troubled young man who is heading down the wrong path."

The officer has been placed on leave and prosecutors are considering criminal charges of false imprisonment.

The boy later told the San Jose Mercury News he had been "terrified" and the officer should be punished.

He said: "I think he should go to jail and feel how I felt. I thought he would be a good dad by just showing up and talking to my parents, rather than taking advantage of his position."

http://www.telegraph.co.uk/news/wor...-of-boy-for-having-sex-with-his-daughter.html
 

TC

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Mr Bowman said: "Everything was done in the spirit of reaching a troubled young man who is heading down the wrong path."

:blink: The wrong path of.... having consensual sex with a person of your own age?
 

Spectre

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A quick glance through the CA sex laws seems to indicate that age of consent even for minors is a minumum of 16 and that this only applies if the other party is less than three years older than the minor - otherwise, it's 18. It also seems to indicate that sexual contact between minors before age 18 is also illegal. If so, the cop did the kid a favor by NOT taking him to jail, though he would have been within his rights to do so.

More info here: http://www.sexlaws.org/california_statutory_rape#Q1

It's amusing to note that California, the supposed land of 'free love' and 'sex on the beach' actually has far more uptight laws about minors having sex than 'prudish, staid, Puritanical' old Texas (age of consent 17, peer [less than three year age difference] consensual sex is 14).
 
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MWF

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Well I have two daughters, so FWIW I'm wholly on the cop's side.
 

TC

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A quick glance through the CA sex laws seems to indicate that age of consent even for minors is a minumum of 16 and that this only applies if the other party is less than three years older than the minor - otherwise, it's 18. It also seems to indicate that sexual contact between minors before age 18 is also illegal. If so, the cop did the kid a favor by NOT taking him to jail, though he would have been within his rights to do so.

More info here: http://www.sexlaws.org/california_statutory_rape#Q1

It's amusing to note that California, the supposed land of 'free love' and 'sex on the beach' actually has far more uptight laws about minors having sex than 'prudish, staid, Puritanical' old Texas (age of consent 17, peer [less than three year age difference] consensual sex is 14).

Does that mean the daughter could have been arrested as well?
 

Spectre

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Does that mean the daughter could have been arrested as well?

Yes, though typically, the girl is not prosecuted (especially if she or her parents are the complainant) and the boy is. Occasionally it goes the other way round, too, but usually not. In this case, especially so since the boy was older and should theoretically have known better.

Can't resist getting the following jab in, either:

"California has free love and unrestricted sex, unlike you redneck Puritan states!*"
*may not be true in any case, some restrictions apply, battery not included, your mileage may vary, not responsible for consequences of any actions resulting from this statement including beatings by angry policemen, should not be considered legal advice, consult your lawyer for more details, ...
 
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narf

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So all the boy's parents need to do now is complain and get the cop's stepdaughter in trouble? Sounds like a fun society.
 

Spectre

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So all the boy's parents need to do now is complain and get the cop's stepdaughter in trouble? Sounds like a fun society.

Pretty much. (Welcome to California.) Though that said, if they do file a complaint it is likely to be ignored, and the general bias is against the male in such a pairing. (Something the teen girl gangs in LA have taken ruthless advantage of over the years.)
 

TC

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So all the boy's parents need to do now is complain and get the cop's stepdaughter in trouble? Sounds like a fun society.

Maybe, maybe not. There is a lot of sexual discrimination in our clusterfuck of a judicial system.

I remember a friend of my brother got in a fight with his sister. His sister scratched the hell out him and he had to push her away from the door just to get away from her. The police picked him up a few minutes later for assault. He was covered in scratches and bruises and she didn't have a mark on her. When he tried to get the police to arrest her, they pretty much laughed in his face.
 

the Interceptor

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I don't mind the father intervening here, but I can't condone the way he did it. A small private chat with the boy could have made very clear that what they're doing is illegal, and that he, as a cop, could take up legal action against it immediately. Staging a fake arrest is an abuse of autority in my eyes.
 

Spectre

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Maybe, maybe not. There is a lot of sexual discrimination in our clusterfuck of a judicial system.

I remember a friend of my brother got in a fight with his sister. His sister scratched the hell out him and he had to push her away from the door just to get away from her. The police picked him up a few minutes later for assault. He was covered in scratches and bruises and she didn't have a mark on her. When he tried to get the police to arrest her, they pretty much laughed in his face.

Exactly. For various reasons the courts and police - indeed the whole justice system - is biased towards females and against males. It wasn't until very recently that courts began to acknowledge that males could be the victims of domestic assault and abuse, for example.

I don't mind the father intervening here, but I can't condone the way he did it. A small private chat with the boy could have made very clear that what they're doing is illegal, and that he, as a cop, could take up legal action against it immediately. Staging a fake arrest is an abuse of autority in my eyes.

The police have the right to detain without a formal arrest. They can also arrest and then choose to let the boy go. This may not have been a 'fake' arrest at all.

Any person could take up legal action, not just cops.

No legal standing to do so. Though in CA, nobody's ever sure.
 
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thedguy

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Can't resist getting the following jab in, either:

"California has free love and unrestricted sex, unlike you redneck Puritan states!*"
*may not be true in any case, some restrictions apply, battery not included, your mileage may vary, not responsible for consequences of any actions resulting from this statement including beatings by angry policemen, should not be considered legal advice, consult your lawyer for more details, ...

I'm only going to say this, regardless of how related to the subject it may be, but California is a prime example of what happens when you have the 2 parties on 2 completely different ends of the spectrum trying to run government. You get archaic and confusing laws, shit loads of funky restrictions on increasing state revenue to pay for the retarded spending.

Honestly with the way politics are going with the rest of the country, I can see the fed failing roughly as bad as my home has.

For those going "WTF is Dguy on about?" The metro areas are largely liberal, with the rest of the state largely conservative, and both are seemingly on the extremes of their sides.
 
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Spectre

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Honestly with the way politics are going with the rest of the country, I can see the fed failing roughly as bad as my home has.

What do you mean "can see?" I've been watching the Feds fail at an ever increasing rate since about 2005.

By the way, this particular law was rammed through by Democrats in 1995. What second party?

Edit:
For those going "WTF is Dguy on about?" The metro areas are largely liberal, with the rest of the state largely conservative, and both are seemingly on the extremes of their sides.

You forget that the cities (and their correspondingly far more numerous Lib/Dem representatives) tend to dominate in any governmental setting. Witness how the cities are screwing the countryside of CA out of water - not because the cities need it, but for ecomentalist reasons. Too bad the countryside was using that water to grow food to feed the cities.
 
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narf

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Can file a report for stat rape, yes. Can file charges against the cop, no.

...which is all I was saying, as a response to the Interceptor's "he, as a cop, could take up legal action against it" - being a cop has nothing to do with the ability to take up legal action.
 

DanRoM

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I don't mind the father intervening here, but I can't condone the way he did it.
Exactly. He abused his job for this. Even if he had by law the right to do it, it's morally wrong. In contrast to two loving teenagers* of roughly the same age sleeping with each other.


* shitty term. 13 would be a bit young, I agree....
 

Spectre

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...which is all I was saying, as a response to the Interceptor's "he, as a cop, could take up legal action against it" - being a cop has nothing to do with the ability to take up legal action.

Never mind, misread/misunderstood it then.
 
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