DUE BY 9PM EASTERN STANDARD TIME AT THE LATESTTHE PURPOSE OF THIS ASSIGNMENT IS TO EXPAND COMMENT ETC – IT IS NOT AN ASSIGNMENT WHERE YOU POINT OUT GRAMMATICAL ERRORS AND WHAT NOT. ANY FACTS SHOULD BE CITED.MIN 350 WORD COUNT FOR EACH POSTBLUEBOOK CITATIONS, FOOTNOTES ETCrespond to the TWO DIFFERENT POSTS I WILL ATTACH FOR YOU TO RESPOND TO FOR THE ASSIGNMENT BELOW IS THE ORIGINAL QUESTION THAT THE TWO RESPONSES I HAVE ATTACHED ARE ANSWERING. AGAIN THE JOB IS TO ADD INFO TO WHAT WAS ALREADY WRITTEN FROM THE OTHERS..AGREE DISAGREE JUST ADD FEEDBACK TO ESTABLISH SOME TYPE OF RESPONSE******************************************************************HERE IS THE TOPIC GIVEN WITH THE ORIGINAL QUESTION- Question: Do you agree or disagree with the ruling? Why or why not? While there is broad support for statutory rape laws in the United States, there is substantial debate on how vigorously such cases should be pursued and under what circumstances. In July, 2005, Matthew Koso of Falls City, Nebraska was charged with statutory rape for premarital sex with a 13-year-old whom he subsequently married. The decision to prosecute Koso—which was undertaken by the states Attorney General, overruling the decision of the local prosecutor—has been controversial, with public opinion tilting in favor of Koso. Although legally married in Kansas, Matthew Koso, 23, was sentenced to prison in Nebraska for sexual assault of a minor. A friend of the girls half brother, Matthew began the relationship with the young girl when she was 12 years old. She became pregnant when she was 13, then married Matthew in Kansas in May, 2005, when she was 14 years old. Although the marriage is valid, Nebraska law prohibits people 19 or older from having sex with those under 16. Nebraska Attorney General Jon Bruning said, Im not going to stand by while a grown man…has a relationship with a 13-year-old – now 14-year old – girl. The girl gave birth to a daughter in August, 2005. Koso was sentenced to 18 to 30 months in prison with no option for probation.MOON RESPONSE—-1
A 10 year age difference is usually not a reason to not fall in love. But,
what if this age difference is between a minor and an adult? Should
there be a consequence for engaging in a sexual relationship with a
minor? Most of us would say that there should be a consequence for this
kind of behavior. But what is the minor had permission of her parents?
What if she consented and was clear about the fact that she was not
forced? Further what if she , a 13-year-old minor, was going to have the
child with the 23 year old man with whom she was in a relationship?
This scenario is what occurred in the case of Matthew Koso, the 23year-old husband to 13-year-old Crystal, both residents of a little town
in Nebraska. To many, the story of Crystal and Matthew is reminiscent
of Romeo and Juliet, two starcrossed lovers fighting against the odds for
their family, and for their love for one another. But this is the 21stcentury and the sexual exploitation of children by adults has become,
thankfully, an important issue. But is this an instance of the sexual
exploitation of a child?.The prosecution in the case sees Matthew Koso
as a pedophile who has found the most convenient target in a misguided
young girl and her permissive family . Others see this case as an
overreach of the law and an instance in which the statute makes little
sense when applied to real life. So lets go ahead and address whether
there is a legal question in this case? When we strip the the emotion
from the narrative what we end up with is this; in the state of Nebraska,
can a married couple engage in sexual activity if one of the members of
the marriage is under age? The answer is no, in the state of Nebraska
they cannot engage in sexual activity. It is simply not legal. The couple
crossed state lines to marry, and even though the marriage is legal and
binding once they crossed back into Nebraska the marriage does not
excuse Mr. Koso from and having to adhere to Nebraska law . Mr. Koso
is in violation of Nebraska statute section 28–319 which states that it is
a first-degree assault for a person age 19 or older to sexually penetrate
a person under the age of 16. This statute makes no allowances or
exceptions if the couple is married. Clearly Mr. Koso is in violation of
Nebraska statute section 28–319 and therefore must face some form of
punishment for that violation. The punishment for such violations can
range between 1 and 50 years in prison, so the court has a lot of leeway
to determine how to go about to punishing Mr. Kosovo. But, in the
end, there is no way to discount that even though they are married,
even though they are in love, and even though they have a child together
Mr. Kosovo committed a crime when he engaged in a sexual relationship
with a minor and therefore his prosecution was not done in error.
BUCK RESPONSE —-2
This week’s topic has to be one of the most controversial topics in the
criminal justice system today. On the surface this case to me is about a
12 year old victim who has been abused by a 19 year old
pedophile. However, that’s just the surface of this case. In the end I find
that I must disagree with the ruling of the judge but not in the same way
I thought I would in the beginning.
The first thing I looked at in this case was Matthew’s mental
state. According to an ABC news report on the case Matthew Koso, who
has attention deficit disorder and other learning disabilities,[1]. This
makes me wonder about how much he can mentally understand. His
actions after the relationship became known are definitely
controversial. On one hand I can see the taking of the girl into Kansas to
be wed as a means to possibly save him from criminal prosecution
however, on the other hand those actions could have been a way for him
to try to protect the relationship.
The second thing that sticks out to me is the fact that all parties involved
in this case, from Matthew and Crystal, to both sets of parents seems to
have looked past the incident. Again looking at the same ABC news
report it shows that Crystal’s mom Cecilia had issues at first stating this
a criminal complaint for a restraining order He needs to hang around
girls and boys his own age group, Guyer wrote in the complaint. He
needs to seek counseling. He has a history of the same, similar with
other young girls, and he needs to be stopped here and
now.[2] However, after the marriage she decides to drop the case and
giving the reason Matthew and Crystal Guyer are married now.[3]
Finally while the Nebraska state code does define statutory rape as
when the actor is nineteen years of age or older and the victim is at least
twelve but less than sixteen years of age is guilty of sexual assault in the
first degree.[4] A prosecutor in my opinion should base the decision to
prosecute a case based upon the total facts of that case. In this case I
believe that the act, while not legal, did not create a victim in the girl.
I myself have been in a situation similar to this, though the ages were
not nearly as spread out, I was 18 the girl was 16 but in the eyes of some
states I’m not better than this guy. Statutory rape laws need to look at
more than just an age difference. I believe things like the mental state of
both parties, the difference in ages between the people involved, and the
intent of the older party should be looked at. This of course completely
relies on the fact that the relationship was one of a consensual
nature. An actual rape is another story completely.
[1] ABC news, Man Weds 14-Year-Old, Faces Charges,
http://abcnews.go.com/2020/story?id=1121138&page=1
[2] ABC news, Man Weds 14-Year-Old, Faces Charges,
http://abcnews.go.com/2020/story?id=1121138&page=1
[3] ABC news, Man Weds 14-Year-Old, Faces Charges,
http://abcnews.go.com/2020/story?id=1121138&page=1
[4] NB Statute §28-319
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