Attorney: Suspects knew rape victim was 11

[TheProfessor]

I understand that the suspects 17 years of age and older have no "consent" defense available to them, but the 14 year-old suspects do IMO. If an 11 year-old and 14 year-old voluntarily have sex with each other, how could you prosecute the 14 year-old? Both are children in the eyes of the law.

disclaimer: I'm not suggesting that what was done in this particular case was done voluntarily by the 11 year-old, but I can definitely see an argument being made on behalf of the 14 year-old suspects for charges not to be filed against them.

either way, a bad situation that deserves harsh punishment for all involved.

Good point. I think a 14 year-old can be certified as an adult in Texas for certain crimes, including first-degree felonies. If Liberty County follows Harris County's practices, it wouldn't surprise me if they did certify him, particularly with the nature of the offense and press involved.

[MaNuMaNiAc]

Consent? tell me something, if an 11 year old isn't deemed able to give consent for sex, how the can it be argued that she consented to a gang rape??

I don't give a if some of the dudes were 14 year old kids. Don't want to try them? ok, bring their parents in for christ sake. There has to be something criminal about raising a 14 year old brat that can't tell that forcing an 11 year old girl to have sex with 20 men is a complete ing NO NO!

[DarrinS]

Sad story.

[TheProfessor]

Consent? tell me something, if an 11 year old isn't deemed able to give consent for sex, how the can it be argued that she consented to a gang rape??

If an offender is certified as an adult, it could not be argued. But if this were tried in juvenile court with a 14-year old defendant, voluntariness would definitely be at issue.

[Oh, Gee!!]

Good point. I think a 14 year-old can be certified as an adult in Texas for certain crimes, including first-degree felonies. If Liberty County follows Harris County's practices, it wouldn't surprise me if they did certify him, particularly with the nature of the offense and press involved.

I'd bet the farm on it. These guys could be looking at 25 to life without the possibility of parole given the fact that there are several aggravating factors besides the victim's age.