Wednesday, January 19, 2011

Witness tampering in sex case?


Do I agree with Judge Joseph Condon, when he reportedly declared that the 14-year-old girl with whom 23-year-old Ivan Garcia had a sexual relationship had “… no responsibility. None”? At least, from the newspaper article, I do not.

Legally, statutorily, Judge Condon is right. But is he right, as a matter of justice?

I don’t know the 14-year-old girl. Some girls, at 14, are “mature”; very mature. If she told Garcia that she was 19, and if she “looked” 19, then just where is she not responsible. From the newspaper article, it didn’t sound like Garcia forced himself on her. In other words, he didn’t rape her (except “legally”). He apparently didn’t harm her. Except for one “minor” technicality…

That technicality? Her age. She was 14. She was supposed to be at a high school lock-in. How did she “escape” from the lock-in? Did she leave on her own? Was she dragged out? Did she ever go, in the first place? The paper was sketchy on that part of the story.

Why would Judge Condon label as “absurd” the statements by Garcia that he didn’t know she wasn’t 19? Were all her friends 14? 15? Or did she hang out with “friends” who were 18 or older?

The newspaper article further described some letters presented in court by Garcia’s attorney. They were supposedly written by the 14-year-old girl, who wrote that she had told Garcia she was 19 and that it was she who wanted to have sex. The girl apparently testified in court that she was “pressured” into writing them and only copied what other girls had drafted for her. The paper didn’t say when those letters were written. Isn’t this witness tampering? Is Judge Condon concerned about that? Did he haul those girls into court and demand that they be grilled on what really happened?

To shift blame away from the girl by saying “While she (the 14-year-old girl) admits the handwriting is hers, those words are not hers”, Judge Condon makes an error. Was the girl coerced to re-write and sign what was presented to her? How was she forced? Or was she?

Again, it looks to me like witness tampering took place, and I wonder whether police will be investigating that.

All this is, of course, an excellent case for men and women to be absolutely sure of the legal age of their sexual partners. It doesn’t do any good in court to claim you “didn’t know” or you “thought she was old enough.” If she (or he) is a minor, it’s illegal to have sex with that person. Period.

Kids today don’t “get” it. They seem to think “consent” is enough. Garcia was sentenced to three years in prison and must register as a sex offender for life.

2 comments:

Dave Labuz said...

Left unasked by Gus is whether “Garcia” is either an “Illegal Alien” or not.

Regardless, Garcia IS responsible, regardless of whatever the Judge feels he might need say or rule. So let’s all shed a tear for Garcia, shan’t we? – BooHoo!

An unfortunate reality to be acknowledged by us of “immigrants” from Mexico or Central America, regardless of legal status, is that they seem to have a marked proclivity to engage in drunk-driving that results in spectacular fatalities on our roadways, as well as noted proclivities as in engaging in sexual relations with minors. Of this fact in various reportage, there can be NO disclaimer to the contrary. NONE.

Dave Labuz said...

Were I ANY parent worth their salt, I can tell you that any 14-year-old daughter of mine proclaiming that she should be treated as an adult respondent in this situation would be sadly mistaken, both in her own estimation, as well as “The Court’s”.

Whether a “victim” of “gringo” justice or not, as far as I’m concerned, Mr. Garcia can rot in hell. However, let’s DO entertain the idea of holding Mr. Garcia to HIS own societal constructs, whether he be “legal” or not. By Mr. Garcia’s own societal constructs, no girl is invited, even by her own parents, to be of “f*ckable status”, until she is at least 15 years of age, once she “comes out” at her “cinqocera”.

Sadly, Mr. Garcia could not wait but a few months in order for all of us to certify, at least by HIS own culture’s standards, that we need recognize him as “a man”, much less his “rape victim” as a “woman” allowed her own head.

Garcia is not a “man”, he is an idiot. A 20+-something “man” does not require a 14-year-old girl to make him “a man”. It only makes him a pervert and a predator. That he cannot attract and f*ck the brains out of a woman his own age tells all we need know about the sorry state of that which is referred to as “Mr. Garcia”.