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Why are they both not charged

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  • CeaBee
    replied
    Re: Why are they both not charged

    and this article

    Is Incest a Two-Way Street?
    David Epstein is charged with having sex with his adult daughter. Isn't she guilty, too?
    By Alexa Tsoulis-Reay Posted Friday, Dec. 10, 2010, at 7:31 PM ET

    Students leave the entrance to Columbia University's School of Journalism January 25, 2001.Columbia UniversityDavid Epstein, a 46-year old political science professor at Columbia University, has been charged with third-degree incest for allegedly having consensual sexual relations with his 24-year-old daughter. Under New York State law, a person is guilty of that crime when he or she has sex "with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece." If the allegations are true, that would apply to Epstein—and also to his daughter. Why wasn't she charged for the crime as well?
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    Because she's seen as the victim. Prosecutors could have made a case against the daughter, but when it comes to incest, the authorities tend to focus on one party. In this situation, "consent" is irrelevant, since it's the act itself that constitutes the crime; and blame tends to fall on whichever half of the incestuous couple has more control. A law professor told Salon today that children are generally assumed to be part of a "protected class" even when they're above the age of consent. So the older party tends to be considered the guilty one, although in some cases—a man caring for his bedridden and elderly mother, for example—the ages of perceived control could be reversed.

    I

    What happens in cases in which the power dynamic is less clear—as between similarly aged siblings? As a general rule, an older sibling will be in greater legal jeopardy than a younger one, and a brother gets more blame than a sister.

    Leave a comment:


  • CeaBee
    replied
    Re: Why are they both not charged

    me find this snippet

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Columbia University professor David Epstein was charged last week with incest, ... a three-year consensual sexual relationship with his daughter, who is now 24. </div></div>

    Leave a comment:


  • Peasie
    replied
    Re: Why are they both not charged

    How are these people related?

    Leave a comment:


  • CeaBee
    replied
    Re: Why are they both not charged

    her defence (had she been charged) could probably argue that she was groomed by him while she was a minor.

    Leave a comment:


  • Peasie
    replied
    Re: Why are they both not charged

    I suspect that the older person is usually charged because they should know better.

    Leave a comment:


  • RichD
    replied
    Re: Why are they both not charged

    I think under incest law only male can be charged or sumtin so

    Leave a comment:


  • kia027
    started a topic Why are they both not charged

    Why are they both not charged

    She was over 18 when the relationship started but only he is charged.

    A popular Columbia professor was charged Thursday with incest - accused of a sick sex relationship with a female relative, prosecutors said.

    Political science Prof. David Epstein, 46, bedded the young woman over a three-year period ending last year, according to court papers.

    He was arraigned before a Manhattan judge on a single felony incest count.

    &quot;We ask that everyone remember that he is innocent until proven otherwise and that these allegations are nothing more than allegations,&quot; said Epstein's defense lawyer Matthew Galluzzo.

    University spokesman Robert Hornsby said that Epstein &quot;is now on administrative leave and will not be teaching students.&quot;

    Epstein, who specializes in American politics and voting rights, has taught at Harvard and Stanford and often is quoted by news organizations. He also has blogged on The Huffington Post.

    Sources said the victim was over 18 when the relationship began in 2006 and that the two often exchanged twisted text messages.

    Epstein faces up to four years behind bars if convicted.

    He was released on his own recognizance.

    Read more: http://www.nydailynews.com/ny_local/2010...l#ixzz1JuFv6kVX

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