4-17-24jtom

The speaker discusses various topics related to law and sexuality. They mention the definition of sodomy, rape shield statutes, the marital rape exception, the split between North Carolina and South Carolina, teenage pregnancies and abortion laws in North Carolina, Title IX cases, the age of consent for sex, and different types of sexual offenses. They also mention the Romeo and Juliet exception and a specific case in Georgia involving consensual oral sex between teenagers. wait a second, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here So, for there to be race, you must have two things. What? Not race. If you don't have these two things, it can't be race. Okay? That's a wrap. That's race. Okay, what's the definition of sodomy? Half the class is going to get it wrong on the test, unless you did it every time. But you only get half the answer right. What's the definition of sodomy? Period, right? Doesn't matter whether it's anal or oral sex. Doesn't matter whether it's between two men, two women, man and woman. It's anal or oral sex. What's aggravated sodomy? With? For and against the woman. Thank you. I don't want so many people on the question. I just hear it. It's not sodomy on the exam. And half of you are going to put sex between males. Well, that can be, but it's not limited. It's oral or anal sex. Okay, what do we call the statutes that prohibit a defense attorney from going into a rape victim's prior sexual intercourse? Rape shield statutes. And what's the exception to the rape shield statutes? If they had prior intercourse. And the defense is considered. If they had prior... What was the marital rape exception? What did the marital rape exception provide? You can't rape your wife, right? It's impossible to rape your wife. What's the last state to abolish the marital rape exception? North Carolina. Speaking of which. So, usually I had a coffee at the port with a friend from South Carolina. And afterwards, I was, you know, I'm new to North Carolina. I was born in those very years. I know Georgia history. I know things about Georgia. But just tell me, why is there a North Carolina and a South Carolina? Do I have a clue? No, I don't. Come on, give me a hint. Come on, y'all guys. From North Carolina, you don't know why there's a South Carolina? Well, the answer is, I had to Google it. I said research. I Googled it. I just got the letter. Why are there a North Carolina and a South Carolina? Okay. Carolina, C-A-R-O-L-A-N-A, was founded in the 1600s. That's a column. As time progressed, there was a settlement, where we now say William in that area, and then there's a settlement in Charleston. Big difference between the two settlements. Charleston had what? Slaves. So, the North Carolina didn't want slaves. They didn't want the colony to have slaves. So, in 1723, 150, 40 years before the Civil War, the Carolinas split. South Carolina had slaves, North Carolina did not. Eventually, North Carolina became somewhat of a slave state. But also, in 1723, when South Carolina split up from North Carolina, 90% of the population of South Carolina was slaves. 9 out of every 10 people that lived in South Carolina. That part of North Carolina, that we now call South Carolina, were slaves. I assume North Carolina begrudgingly went into the Civil War, probably like the movie Cold Mountain. Okay. While we're speaking of North Carolina, what area of the country has the highest teenage pregnancies? We call them sex. And, the strictest abortion in the South. Except for one state. There's an outlier. North Carolina. I don't know why they're teaching that one in high school, but good for North Carolina. Either you're chastely, I doubt that, or it's because you can't have protected sex. Which, okay, so we've got rape shield acts, we've got the marital exception. Also, the rape shield statutes. Let me ask you this. Let's take a question on the exam. A woman goes into a bar. She's by herself. Dressed provocatively. Whatever that means in today's world, I have no idea. And, she meets a man. She invites him back to her bar. They're strangers, strangers, they've been drinking. They're strangers, strangers, they've been drinking. Is what she had on relevant to whether or not she was sexually assaulted? Okay. Okay, now let's change. It's not. It's a part protected in the rape shield statute. However, let's say, let's progress a little bit. And, she says, excuse me. She goes in her bedroom. She comes out, and she's wearing lingerie. A lingerie. A night, whatever. Is that relevant? To consent? We'll argue on that one. Why else would you change into seductive underwear, right? So, that one said, it can go either way. But, what a woman is wearing, the fact that she's alone, that she's at a bar by herself, that was crap that defense attorneys would use against women all the time. Now that, again, sodomy definition, and with force, and against the will. Okay. What is my biggest headache when it comes to sex with college students? Title IX. Which is what? What is the Title IX case? When the school knows, or should have known, that sexual harassment among girls. Right. There's been some sexual, whatever that may be. I mean, we're not coming up. And, it is, there's one requirement, is with what? Unlike rape. It's without what? It's not a Title IX case, unless the alleged victim is arguing, it was without my consent. Thank you. Now. What is the standard of proof in a Title IX case? There isn't. There isn't, but it's usually, what is it here? Listen. The preponderance of the evidence. What is the, if, and like I said, just hold me to it, I'm being gender specific here, because my experience has been it's 99% gathering. What is the punishment if found guilty of a Title IX offense? You'll be expelled. And you'll not be able to go to any school in this country that has federal funding. And study it on your record. So it can be a very, very, and what is the defendant in a Title IX case not entitled to? What can I not do in a Title IX case? I cannot, well, give me another word for talk. Proposend. Yeah, you cannot proposend the victim. You have to send those in. Be aware of Title IX cases. Alright, moving on. What is the age of consensual sex? Do you know what it was when I was your age? Do you know what it was when I was your age? Fourteen. When I was growing up, I was fourteen. Do you know what it was when my grandparents, my grandparents were born in the late 1800s, and let me just say one word about how old I am. I still have grades. Do you know what it was a century ago, people? Twelve. So we've gone from twelve to fourteen to sixteen. Why was it twelve? Why do you think we had an age here in the South, particularly the age of twelve for consensual sex? What? Why do they get married young? Well, some are raised. There we go! We need somebody. Alright, slavery's been outlawed, right? What's the next thing cheaper than slavery? Jolly. Jolly. So let's pop these babies out, put them in the fields as quick as we can. That's why I think, you know, North Carolina, Georgia, South Carolina are varied, and we have these incredibly low age for consensual sex, because we want to end people who are not living as long, particularly women in childhood. So, statutory rape is sex with someone under the age of sixteen. Now, by definition, statutory rape, you've got to have intercourse, so we also have crimes such as child molestation, which, I'll tell you, I'm not going to hold you to the definition, but child molestation is any immoral or indecent act done to or in the presence of a child under the age of sixteen with the intent of arousing the sexual desires of the child or the accused. Basically, it is any sexual act on a child under the age of sixteen is child molestation. Aggravated child molestation is what? Hmm? What? Alright, I'll give you a hint. What's aggravated child molestation? So, aggravated child molestation is any oral sex or anal sex with a person under the age of sixteen. Okay? Alright. And you say, oh my god, that's horrible. Oral sex with someone under the age of sixteen, or about a sixteen-year-old and a fifteen-year-old. That's aggravated child molestation. Okay? In most states, except for North Carolina, because North Carolina has what? The Romeo and Juliet exception, which says, what does the Romeo and Juliet exception say? I know you're past your teenage years, and you don't have to worry about it anymore, hopefully. But what does the Romeo and Juliet exception say? A person under the age, as long as the person is not under the age of... Thirteen. And not over the age of... Seventeen. And as long as it's not more than... Forty-eight months. Difference in the two person's ages. So. I said, in Georgia, we don't have a Romeo and Juliet exception. It changes it from a felony to a misdemeanor, possible in the Supreme Court rule, after some idiot prosecutors were prosecuting sixteen-year-olds and fifteen-year-olds for having oral sex, and the sixteen-year-old got ten years in prison without parole, because that's the minimum for aggravated child molestation, they change it to a misdemeanor. We actually had a kid in Rome, Georgia, who got ten years in prison, mandatory, for consensual oral sex with his girlfriend, who was shortly before her sixteenth birthday. So, we changed the law, just to change it, it just changes it from a felony to a misdemeanor. So, I'm trying to educate the kids on what the law is, and I'm explaining it to them at the school, and they're beginning to... The students will write like I'm going to a student's school and plan it more nicely. And at the end of it, teachers have already told the seniors, or whatever, you know, this guy's going to talk to you about how law is impacting you, if you have any questions, go ahead and write them on a three-by-five index card, and he's going to read them out loud. Don't sign your name. And this one, I say, said, um, professor, he has a blowjob, gets him ten years in prison, but intercourse is a misdemeanor, and it's an injugal. I said, that's right. Which one will get you pregnant, the student? Now, again, follow me here. This is how ridiculous some of our sex laws are. Aggravated child molestation is what we call a seven-day-late sentence, and you have to be prosecuted as an adult, if you're 13 years of age or older. The kid is 16 years old. He has oral sex with a 15-year-old. Aggravated child molestation, prosecuted as an adult. If he has vaginal intercourse with that 15-year-old, it's not a seven-day-late sentence, it's statutory rape, but it's in juvenile court, and there's no record. Try to explain that to a bunch of teenagers, and it's impossible to say who wrote this. So, none of those... I'm joking about it. I'll tell you about the case we had with four students from UNC Charlotte at spring break. Yeah, UNC Charlotte, right? Which statutory rape comes to them. I thought... You know the kids go to spring break, and meet the girls. This is strict liability crime. It means it doesn't matter what you know and what you think you know, what you were told, what you believe. It doesn't matter if your sex partner looks like he or she is 21 years old. And hear what I said to young women. We're now gender neutral. When I was growing up, only boys could be charged with sex crimes. Now, we raise the age, no crime, 16. We raise the same count, we make them gender neutral. So, if you've got a 15-year-old boy trying to have sex with a 19-year-old girl and lying about his age, shock and shocks, the female can be charged with statutory rape, aggravated child molestation. I'm glad we're talking about ethics, because that's confusing. Okay. Another sex crime. We've got, our office has, a 18-year-old female, 17-year-old male. They are, there's like three months difference in their ages, they're in a romantic sexual relationship, and they've been taking nude pictures of each other. Which one is facing 21 counts of child pornography? That's one year felony on each count, for each photograph. 19-year-old female, while you can have, you can have sex with someone at the age of 16, you cannot have a sexually explicit photograph, a video of someone, until they are at least 18 years of age. Some states, it's not a strict liability. Our office, I don't know of any state where it's not a strict liability. D, North Carolina, much smarter than Georgia, when it comes to punishment for rape. There's a first degree rape, and there's a second degree rape. We'll do that now. The slide is going to be later, I'll go ahead and say it. First degree rape, where you can get a life sentence. Rape with a weapon. The knife, firearm, baseball, doesn't matter. Rape with a deadly weapon. Serious bodily injury. Vaginal trauma, or whatever. Gang rape. Those are first degree rapes. It can get you life in prison, as well as it should, in North Carolina. The second degree rape in North Carolina is our common law definition of abortion against the will. Okay. Eleven. Got that. You get on, um, I said it, I called this course a nutter. It's either my teaching, or y'all's comprehension of these different crimes that gets confused. Okay. I, uh, come up to Thomas, and say, I am going to kick your ass. What's that? And I pull back my fist. Assault. Okay. I don't say anything to Thomas, but I just say what? Battery. Remember the difference. Assault is a threat of injury. Battery is an actual touching without consent. So, the, it's a misdemeanor if, instead of, telling Thomas I'm going to kick his ass, I'm pointing a gun at him. Okay. Pointing a gun, you can fire a shot, and this thing is an aggravated assault. Because it's with a deadly weapon, it can cause serious bodily injury. Okay. And we just elevated the simple assault to an aggravated assault. The, uh, aggravated battery, following here, is having done serious bodily injury. I hit Thomas with a baseball bat. I break his arm. That's aggravated battery. Shooting in the leg. That's an aggravated battery. The assault is exactly that. It's assault. You don't have to have any injury. You don't have to have a physical touching. Battery requires some injury to the person. If it is a serious bodily injury, we change that misdemeanor to a felony, and we call it aggravated battery. If we change our assault from a simple assault to with a deadly weapon, that is aggravated assault. So notice the difference between simple assault, simple battery, aggravated assault, aggravated battery. I think I can explain it better than when I, um, Oh, there's this one. See if there's anything that I forgot. Okay. Yeah. Generally, like I said, um, Thomas, I'm going to kick your ass. That would be a threat. There has to, most times there has to be a gesture. So I'm, you know, I've got a baseball bat. I've got my fist up. A threat and an assault makes it a simple assault. Domestic violence. How? It's hard to believe how, well, fortunate the world has changed. When I was growing up as a prosecutor, we never heard the term domestic violence. Yeah, sometimes guys get overheated, they hit their spouses or loved ones. Um, we did not have domestic violence court. We didn't have domestic violence intervention. We didn't have domestic violence counselors who would counsel victims how so many of them would return. So over and over again. Two reasons, and it doesn't have to be gender specific, there could be, between two women and two men, um, these, but primarily my experience has been male and female intimate partners. You got the serious damage to his intimate partner. Wife, girlfriend, whatever. She goes impossible. And then he comes back, and there's two reasons I've seen women over and over this way. He said he's so sorry and he'll never do it again. And he apologized. We'll grow up someday and I'll tell you that. Second is gaslight. Hey, I would've never hit you but it was your fault. You made me do this. Again, those are you can sit here in this clinical sterile classroom but in the real world both of those are very real. Stalking scares me to death. And I'll tell you why in a minute. Again, this is a relatively new statute. The, there must be subjective and objective. The victim is afraid and a reasonable person would believe that the victim would be afraid. Okay? So, here's what um I, my experience has been here on campus. We have a freshman who's just come, she's graduated from high school and now she's leaving her town or high school behind her and she's getting ready to start a new life and have a great college experience and she leaves her boyfriend who's a senior in high school and he just can't let her go. So, he starts writing her, emailing her, texting her, you know, I'm coming to see you. She says, in fact, I don't want you to come see me. He says, well, I know you still love me, I'm coming to see you. She says, please don't come, I don't want you to come to campus. You're the only one that I'm going to love and I'm the, you're the only one that's going to love me. So, we got a young woman who's afraid, understanding. What does she do? Alright? She comes to see me and we go to court and we get, listen to me, a T, a temporary protective order. It's me and the student and the judge. That hearing is called ex parte, E-S-P-A-R-T-E. Know these two words? Without the other party present. E-S, new word, P-A-R-T-E. And the judge signs an order. Says, Chair, I want you to deliver this order and he's got 30 days before hearing. He's, the order says he's had to no contact. No email, no text messages. No communicating with her through friends. No snail mail. No phone calls. If you violate that order, it's going to be an aggravated stalking. It's a felony and you know why. Okay? So, for a person to violate a protective order and have really serious consequences and then in 30 days we have a hearing and the judge has to decide whether or not to issue a permanent protective order. Okay? Now guys, this is where it can get really scary. Also, I've been on both sides of these things. You know, the student, a male student, comes to see me and, again, with my voice, he goes, let it go. And there are some of that person, God, because I hear my grandkids over and over and over and over again. I said, let it go. You know, leave it alone. Drop it. Alright? So, he comes to see me and says, God, you've got a temporary protective order against you. You know, reading the right act, do not contact her. Do not see her. Do not, do not even. Now it's just like within, say, in the same building for class. But, you go out, you make sure you go out the other door. Then, so we go to court and I've already talked to her attorney or the counselor or whatever and said, look, I've taken my client, I've readied the right act, I've put my hands around her neck and said, if you do this again, you don't have the liberty of court because I'm going to kill you. Here's the problem. If you get a permanent protective order against you, it's on your record the rest of your life because it's a civil case. Hear me out here. If you've got a misdemeanor assault, I usually can get that record restricted so nobody can see it. First offender, you go to counseling, et cetera, et cetera. But, if you get a protective order, it is a civil case. There's no expungement in civil law. So you go and you apply for a job and it's like, I've got something we talked about before. I have access to my law firm is Westlaw. You've got a limited access to Westlaw. I can, if it's a lot of money, I can put in somebody's name. I can find out if they've ever been a defendant or a plaintiff in any case in this country. And if you're applying for jobs, they're going to do that. And they say, you've got a protective order against you. I can assure you, you're not going to get hired. Okay? I'll say, oh my God, this is a dangerous person. You know, he's threatening me. Whatever. So, the bottom line is, when we're talking about stalking, know that to violate a protective order is aggravated stalking. And for stalking, we've got to have an objective and subjective fear. Also, I left this out. I don't know if you're sure if it's in here. The victim the alleged victim has to let the person know no contact. Now, you don't have to send it certified mail as long as you've got evidence and you've given me a screenshot that you said it's at so it's delivered, email, or whatever. That, but there's got to be evidence that the person that you don't want to see you knows that. Okay? So, we have evidence of contact. We have evidence of contact of being told not to have contact. And we have a victim who has a reasonable fear and the objective is that it's a fear that we would all recognize. Um, so, if I have to be in my line about stalking. Brand new prosecutor before I start says prosecute children. I'm just a regular in the courtroom prosecutor. Anything that comes in we never heard in the terms domestic violence. The, I've got a case, I've got a stack of cases and in this particular case, uh, Gwendolyn is in Mississippi. She's at University of Mississippi. And she falls in love with her professor. And they have a beautiful relationship. They end up getting married. There's a little bit of a glitch in that Gwendolyn is black and Professor Trethewey is black. Kind of hard to have that kind of relationship in Mississippi Eventually the marriage fell apart and Gwendolyn moves to Atlanta with her little girl Natasha. Gwendolyn is a very high achiever. She goes and gets her master's and she does a great job with state government in Atlanta. But, as I said before, for reasons I do not understand, Gwendolyn starts dating this guy Joel Burnett. Joel dropped out of high school. He's a car mechanic, sort of, and he gets insanely jealous about Gwendolyn's rise and her good job and he accuses Gwendolyn of having sex with her boss who happens to be white. And, if you weren't having sex, then, by the way, your first husband was white. So this guy is really crazy and delusional. She separates from him. She takes Natasha and Joel Jr. She gets an apartment. One day when the apartment was being renovated, she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and she goes upstairs and