A 26-year-old concrete worker told police he failed to check the age of the girl he was about to sleep with because the last time he had, the girl had left.Click through for the whole article (although this is most of it).
Billy-Joe Adam Healy, of Stratford, was sentenced at the Hawera District Court yesterday to 12 months' imprisonment for two charges of unlawful sexual connection with a 14-year-old girl.
...His lawyer Julian Hannam said Healy believed the girl had been over the age of consent and he had been caught up in the moment and not stopped to make the inquiry.
"It's not a clinical situation ... there was consent." But it was inappropriate given the girl's real age, he said.
The pair had been communicating over a period of time and she had made the initial contact, Mr Hannam said.
Judge Allan Roberts said Healy's explanation about knowledge of the girl's age was hazy. "You took no steps to check. You had done so once before and your girlfriend left. You weren't going to take the chance again."
Point the first:
The impression I get here is that basically he had more than an inkling that the girl was underage.
Point the second:
Getting caught up in the moment apparently means that your brain completely turns off. Sounds to me more like he knew he'd missed out on sex when he did ask so he consciously decided not to ask this time.
Point the third:
Mr Hannam, there was no consent. They call it The Age of Consent because anyone under it is considered incapable of consenting under the law.
Point the fourth:
The fact that the 14 year old initiated the contact with the 26 year old is actually irrelevant to whether this was statutory rape or not.