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    Principal of top school under investigation for hiring prost

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    • MusingsM Offline
      Musings
      last edited by

      WeiHan:

      My point is simply that sex should not be a crime as long as both party is agreeable and both party is qualified to make decision. Not one party is mentally retarded or handicapped and is taken advantage of. As for the underage question, it is subjective, who knows that a 17yo can't be smarter than a 35yo man? The law should probably be revised to reflect reality?
      The issue is how is the law going to determine whether the 17 yr old is smarter than than 35 yr old? The law will simply have to draw the line (however arbitrary it is) at a certain age and here it is 18 yrs which is the international norm.

      Similarly, setting the age of majority at 21 years or 18 years (in other countries) is also arbitrary since many teenagers below 18 or 21 are old enough to make their own decisions and bear legal consequences for their own decisions. But the law needs to draw the line somewhere.

      The subjectivity comes in the prosecutorial discretion whether to prosecure a certain offence and in the sentencing options available to the judge.

      1 Reply Last reply Reply Quote 0
      • S Offline
        Sun_2010
        last edited by

        WeiHan:
        buds:

        [quote=\"znzyzyzx\"]Eh..., if a crime is committed , then the culprit needs to be dealt with, no? What has it got to do with whether they had study hard, they are the pillar of the society.


        Many of the guys who do like patronizing prostitutes claims almost the same thing.. \"We've worked very hard and deserve to reward ourselves...\"
        Sick.

        It seems that you know many of these guys and they are so liberal to confess to you.[/quote]WeiHan,
        Need to stoop to personal attack? So despo?

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        • W Offline
          Way2GO
          last edited by

          Gud points fr sun 2010 n Musings on d need for d law to protect d young n innocent fr sexual exploitation.

          But a law must also seen to be fair, to act against those who exploit it (n men's weakness) for personal gain, yes?

          Musings:

          The subjectivity comes in the prosecutorial discretion whether to prosecure a certain offence and in the sentencing options available to the judge.
          No subjectivity here for underage prostitution - in much as I know, d law has been strictly applied to those who r caught.

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          • S Offline
            Sun_2010
            last edited by

            Way2GO:
            Gud points fr sun 2010 n Musings on d need for d law to protect d young n innocent fr sexual exploitation.

            But a law must also seen to be fair, to act against those who exploit it (n men's weakness) for personal gain, yes?
            Musings:


            The subjectivity comes in the prosecutorial discretion whether to prosecure a certain offence and in the sentencing options available to the judge.

            No subjectivity here for underage prostitution - in much as I know, d law has been strictly applied to those who r caught.

            If the girl falsified papers like IC to show she was 18 then yes.
            If the man has not tried to check, then the fault is his.

            are you saying the law should protect men who are too weak in will and hence succumb to the charms of an underage?
            Or
            Are you saying the men have been cheated here?
            That they had no ilking she could be underage?

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            • W Offline
              Way2GO
              last edited by

              no, no, not to protect d men who r weak -willed or succumb to a moment of folly.

              But… if underage prost lied about their age or present false documents, shdn’t dat be a mitigating factor?
              d men now bear d full brunt of d law - false advertising, lying notwithstanding.

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              • MusingsM Offline
                Musings
                last edited by

                Way2GO:
                Gud points fr sun 2010 n Musings on d need for d law to protect d young n innocent fr sexual exploitation.

                But a law must also seen to be fair, to act against those who exploit it (n men's weakness) for personal gain, yes?
                Musings:


                The subjectivity comes in the prosecutorial discretion whether to prosecure a certain offence and in the sentencing options available to the judge.

                No subjectivity here for underage prostitution - in much as I know, d law has been strictly applied to those who r caught.

                I don't think this is accurate. The law is the law. But the prosecution (AG chambers or public prosecutor) will decide whether to prosecute after police has completed investigations - the offender will know whether the AGC has decided to prosecute when they are formally charged. Many factors go into prosecutorial discretion such as whether there is sufficient evidence, whether there is a public interest in prosecuting etc.

                The truth is the state does not have infinite resources to go after every single offender.

                My view is the law cannot introduce a subjective element of whether the offender has knowledge of the age of the underage prostitute - otherwise you will never be able to nail the offender because every single offender will claim they were 'misled', they didn't know. This is similar to the strict offence of harbouring an illegal immigrant - it is not a defence to say you did not know the tenant in your house is an illegal immigrant. The onus is on you to check. If you choose not to do your homework properly, then live with the risk.

                The law serves a a deterrent to people who may be tempted to go for very young prostitutes (they may just be underage and you will never be able to fully verify it) which on balance I believe is necessary to protect the underage girls.

                Yes, there will be cases when some of these girls are very sophisticated and exploit the men but to begin with, nobody ask the men to go for the very young things right? Nobody is banning the men from visiting prostitutes but do your homework lah!

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                • MusingsM Offline
                  Musings
                  last edited by

                  Way2GO:
                  no, no, not to protect d men who r weak -willed or succumb to a moment of folly.

                  But... if underage prost lied about their age or present false documents, shdn't dat be a mitigating factor?
                  d men now bear d full brunt of d law - false advertising, lying notwithstanding.
                  I believe this will be a mitigating factor. And I am sure the well known lawyers hired by these defendants will make these arguments.

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                  • W Offline
                    WeiHan
                    last edited by

                    Sun_2010:

                    WeiHan,
                    Need to stoop to personal attack? So despo?
                    Do I sound so serious? Just trying to be funny. fail.

                    I know when it comes to topic on sex, people can be in totally different frequencies.

                    1 Reply Last reply Reply Quote 0
                    • W Offline
                      WeiHan
                      last edited by

                      Musings:
                      The subjectivity comes in the prosecutorial discretion whether to prosecure a certain offence and in the sentencing options available to the judge.

                      I happen to believe that if there is too much leeway given to prosecutorial discretion, it may lead to abusing.

                      1 Reply Last reply Reply Quote 0
                      • W Offline
                        Way2GO
                        last edited by

                        Musings:


                        I don't think this is accurate. The law is the law. But the prosecution (AG chambers or public prosecutor) will decide whether to prosecute after police has completed investigations - the offender will know whether the AGC has decided to prosecute when they are formally charged. Many factors go into prosecutorial discretion such as whether there is sufficient evidence, whether there is a public interest in prosecuting etc.

                        The truth is the state does not have infinite resources to go after every single offender.

                        My view is the law cannot introduce a subjective element of whether the offender has knowledge of the age of the underage prostitute - otherwise you will never be able to nail the offender because every single offender will claim they were 'misled', they didn't know. This is similar to the strict offence of harbouring an illegal immigrant - it is not a defence to say you did not know the tenant in your house is an illegal immigrant. The onus is on you to check. If you choose not to do your homework properly, then live with the risk.

                        The law serves a a deterrent to people who may be tempted to go for very young prostitutes (they may just be underage and you will never be able to fully verify it) which on balance I believe is necessary to protect the underage girls.

                        Yes, there will be cases when some of these girls are very sophisticated and exploit the men but to begin with, nobody ask the men to go for the very young things right? Nobody is banning the men from visiting prostitutes but do your homework lah!
                        I read ur statement in previous post as referring to prosecutorial discretion
                        wrt underage prostitution specifically, hence my reply dat there were
                        no exceptions n d law has been strictly applied in such cases.
                        R u suggesting here dat there were exceptions? - u r aware of any cases
                        where such offence has been deemed to be committed but waived by AGC?

                        If u r actually referring to prosecutorial discretion in general, then I wld agree with ur point on dat.

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