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Discussion Groups / English Usage / January 2010TMI?
A young man from Santa Fe has alleged that when he was 17, he had sex with a woman who worked for the religious organization that oversees the school he was going to; he described her as a staff member of the school. (The New Mexico law about sex with minors says that consensual sex between a school employee and a student is a felony on the part of the school employee [*].) The Santa Fe New Mexican reports, "Wheeler [the police chief] confirmed Friday that detectives investigated allegations of criminal sexual penetration of a minor involving Kristina Bibb, who is in her mid-30s." http://www.santafenewmexican.com/Local%20News/Teen-reports-sex-with-school-worker "Penetration"? Is this gender-neutral language, or more information than I needed? [*] The article mentions that the District Attorney hasn't decided whether to prosecute, but doesn't address the question of whether the accused woman is a school employee within the meaning of the act. -- Jerry Friedman Jerry wrote on Mon, 18 Jan 2010 13:09:49 -0800 (PST): > "Wheeler [the police chief] confirmed Friday that detectives > investigated allegations of criminal sexual penetration of a > minor involving Kristina Bibb, who is in her mid-30s." > http://www.santafenewmexican.com/Local%20News/Teen-reports-sex-with-school-worker > "Penetration"? Is this gender-neutral language, or more > information than I needed? > [*] The article mentions that the District Attorney hasn't > decided whether to prosecute, but doesn't address the question > of whether the accused woman is a school employee within the > meaning of the act. I wonder just how Kristina, assumed female, did it? But perhaps, I don't really want to know.  SignatureJames Silverton Potomac, Maryland Email, with obvious alterations: not.jim.silverton.at.verizon.not > Jerry wrote on Mon, 18 Jan 2010 13:09:49 -0800 (PST): > [quoted text clipped - 14 lines] >I wonder just how Kristina, assumed female, did it? But perhaps, I don't >really want to know. I'm guessing that the newspaper botched it a bit. Signature************* DAVE HATUNEN (hatunen@cox.net) ************* * Tucson Arizona, out where the cacti grow * * My typos & mispellings are intentional copyright traps * >> Jerry wrote on Mon, 18 Jan 2010 13:09:49 -0800 (PST): >> [quoted text clipped - 12 lines] > > I'm guessing that the newspaper botched it a bit. I don't think so. I remember this question coming up in our newspaper some time ago - 10, 15 years ago. Apparently, "penetration" is the legal term whoever commits the act - something to do with it being too bothersome changing existing terminology. SignatureRob Bannister > Jerry wrote on Mon, 18 Jan 2010 13:09:49 -0800 (PST): > [quoted text clipped - 14 lines] >I wonder just how Kristina, assumed female, did it? But perhaps, I don't >really want to know. I haven't yet tracked down the precise statute. The following from a law site appears to be the form of instructions by a judge to a jury. The offence is "14-962. Criminal sexual penetration of a 13 to 16 year old; by person 18 years or older". Although the name of the offence refers to penetration of the younger by the older it is not restricted to that: For you to find the defendant guilty of criminal sexual penetration of a child 13 to 16 by a person who is at least 18 years old and at least 4 years older than the victim, ... the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant2 [caused (name of victim) to engage in ;]3 [OR] [caused the insertion, to any extent, of a __________________4 into the ________________5 of _______________________ (name of victim);] .... .... USE NOTE 1. Insert the count number if more than one count is charged. 2. Use only the applicable alternatives. 3. Name the sexual act or acts: i.e., "sexual intercourse", "anal intercourse", "cunnilingus" or "fellatio". The applicable definition or definitions from Instruction 14-982 NMRA must be given after this instruction. 4. Identify the object used. 5. Name the part or parts of the body: i.e., "vagina", "penis" or "anus." The applicable definition or definitions from Instruction 14-981 NMRA must be given after this instruction. http://tinyurl.com/ya99pvp SignaturePeter Duncanson, UK (in alt.usage.english) >> Jerry wrote on Mon, 18 Jan 2010 13:09:49 -0800 (PST): >> [quoted text clipped - 48 lines] > Instruction 14-981 NMRA must be given after this instruction. >http://tinyurl.com/ya99pvp The relevant offence might be: "14-945. Criminal sexual penetration of a 13 to 18 year old in the second degree; use of coercion by person in position of authority". In addition to wording equivalent to that above it has: 3. The defendant was a [parent] [relative] [household member] [teacher] [employer]6 [person who by reason of the defendant's relationship to _____________________ (name of victim) was able to exercise undue influence over ____________________ (name of victim) AND used this authority to coerce __________________ (name of victim) to submit to sexual contact;] http://tinyurl.com/y87ac9v It seems possible that the offences were originally named on the assumption that it would be committed by a man. For more sexual offences in NM see: http://www.conwaygreene.com/nmsu/lpext.dll/nmsa1978/25482/2a295/2a7d7?fn=documen t-frame.htm&f=templates&2.0 or http://tinyurl.com/yb2mu66 SignaturePeter Duncanson, UK (in alt.usage.english) On Jan 18, 3:36 pm, "Peter Duncanson (BrE)" <m...@peterduncanson.net> wrote: > On Mon, 18 Jan 2010 22:04:22 +0000, "Peter Duncanson (BrE)" > [quoted text clipped - 27 lines] > >Although the name of the offence refers to penetration of the younger by > >the older it is not restricted to that: [snip instructions for judges to give to juries] > It seems possible that the offences were originally named on the > assumption that it would be committed by a man. ... Thanks for the research. As I recall, this isn't the first time I've tried to find NM statutes on line without success. However, the Santa Fe Rape Crisis Center has this one: "30-9-11. CRIMINAL SEXUAL PENETRATION.-- "1. Criminal sexual penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission. ... "Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration: "1. not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of the child; or "2. perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider, or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school." http://www.sfrcc.org/crime.html So the newspaper wasn't at fault. No doubt you're right that originally the legislature defined it so that only men (or women using dildos?) could be guilty, and didn't change the name of the offense when it changed the definition. I think I'd have said "when the perpetrator... has learned...", not "learns". -- Jerry Friedman > Thanks for the research. As I recall, this isn't the first time I've > tried to find NM statutes on line without success. Try http://law.justia.com/newmexico/ The Justia site, at http://law.justia.com/index.html looks to be a great resource. As near as I can tell, you can search any state code, and Supreme Court (all the way back), federal appeals court (since 1950) and district court (last five years) opinions. US Code and Code of Federal Regulations are browsable, but not searchable. SignatureEvan Kirshenbaum +------------------------------------ HP Laboratories |If we have to re-invent the wheel, 1501 Page Mill Road, 1U, MS 1141 |can we at least make it round this Palo Alto, CA 94304 |time? kirshenbaum@hpl.hp.com (650)857-7572 http://www.kirshenbaum.net/ > > Thanks for the research. As I recall, this isn't the first time I've > > tried to find NM statutes on line without success. > > Try > > http://law.justia.com/newmexico/ ... Thanks--that's just the ticket. -- Jerry Friedman > I wonder just how Kristina, assumed female, did it? But perhaps, I don't > really want to know. No, and I didn't really want to read the "foreign object" injury reports at the end of this article. http://www.theregister.co.uk/2010/01/18/neiss_database/ Signaturehmmmm: sounds like the same DLL hell problem my cousin had. try deleting all DLLs in your Windows/system32 directory and see what happens. (Bryce Utting) > > I wonder just how Kristina, assumed female, did it? But perhaps, I don't > > really want to know. [quoted text clipped - 3 lines] > > http://www.theregister.co.uk/2010/01/18/neiss_database/ http://www.well.com/user/cynsa/newbutt.html Don't tell anybody that I sent you. SignatureJohn Varela Trade NEWlamps for OLDlamps for email >> I wonder just how Kristina, assumed female, did it? But perhaps, I >> don't really want to know. [quoted text clipped - 3 lines] > > http://www.theregister.co.uk/2010/01/18/neiss_database/ In California it seems anything other than a human penis is a "foreign object"; I helped determine the prison sentence for a young man whose finger was the instrument. Is that TMI? SignatureFrank ess Frank ess filted: >In California it seems anything other than a human penis is a "foreign >object"; I helped determine the prison sentence for a young man whose >finger was the instrument. How about a penis belonging to a human from some other country?...r SignatureA pessimist sees the glass as half empty. An optometrist asks whether you see the glass more full like this?...or like this? >Frank ess filted: >> [quoted text clipped - 3 lines] > >How about a penis belonging to a human from some other country?...r Hm. An illegal alien? SignaturePeter Duncanson, UK (in alt.usage.english) > A young man from Santa Fe has alleged that when he was 17, he had sex > with a woman who worked for the religious organization that oversees [quoted text clipped - 19 lines] > -- > Jerry Friedman I guess I'm missing something here. What does the "TMI" in the subject stand for? SignatureLong-time resident of Adelaide, South Australia, which may or may not influence my opinions. >> A young man from Santa Fe has alleged that when he was 17, he had sex >> with a woman who worked for the religious organization that oversees [quoted text clipped - 22 lines] >I guess I'm missing something here. What does the "TMI" in the subject >stand for? Too Much Information. SignaturePeter Duncanson, UK (in alt.usage.english) >>> A young man from Santa Fe has alleged that when he was 17, he had sex >>> with a woman who worked for the religious organization that oversees [quoted text clipped - 23 lines] > > Too Much Information. Oh, of course. I'm not with it today :( SignatureLong-time resident of Adelaide, South Australia, which may or may not influence my opinions. |
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