HiRez wrote:She apparently mis-represented her age (and was in a club for 21+), so it does not appear he knew she was 15. Unless you are suggesting he demand to check her ID, which while being legally sound, is not something anyone would realistically do in a social situation. On the other hand, Giddey was in the same club apparently at 19. Nonetheless, you might have a reasonable expectation that meeting someone in a 21+ club would in fact be 21+ (if the club screeners were doing their job) or at least close to 21 (if they were not). When we were in college we snuck into bars underage, but we and everyone else we knew there, boys and girls, were like 18-20, not 15. I certainly wouldn't have expected to find a 15 year old there. And we don't know who this girl is, but some people just look, and comport themselves as, a lot older than their true age when they're young.
We don't have all the facts, but a lot of fault here lays with the parents (what the hell is your 15 year old daughter who presumably lives at home doing at a club?), the club screeners (obviously not doing their job or letting it slide), and the girl herself, who witnesses say mis-represented her age. And Giddey if he knew of course, but there's no evidence he did.
Wow. There have been some truly disgusting views and stupid opinions aired here on this matter. Here are the facts...
To begin with, statutory rape is called STATUTORY for a reason. In the U.S., the crime is deemed to be what is referred to as a "strict liability crime" - meaning that mistake as to the age of the person is
not a valid defense. Nor, as has been suggested here, is the parenting of the victim's parents a defense.
While each state's age of consent and the relative ages of the victim and perpetrator are both considered in a prosecutor's decision whether to charge, Section 213.3 of the Model Penal Code relating to the corruption of minors and seduction is very clear:
Under 213.3, a "male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if:
(a) the other person is less than 16 years old and the actor is at least four years older than the other person; or
(b) the other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare.
An offense under section 213.3(a) is a felony in the third degree whereas an offense under section (b) is a misdemeanor.
The fact that Josh Giddey's victim and her family chose not to cooperate with Orange County authorities does not make what Giddey did not a crime. It merely means that prosecutors faced the impractical obstacle of having to compel the victim to testify at trial. Also of interest in this regard is the troubling history of the Orange County District Attorney, Todd Spitzer - who has previously been found guilty by the Orange County Superior Court of unlawfully concealing prosecutorial data and racial justice act records for years.
https://www.aclusocal.org/en/press-releases/breaking-court-rules-ocda-todd-spitzer-unlawfully-concealed-prosecutorial-data-andAt the time of the incident, 11/29/23, I addressed exactly how I thought everything would play out. As it turns out, I was spot on...
Old_Blue wrote:It's not that they (the parents) aren't interested in pursuing legal action. More than likely they are in contact with Giddey's representatives and lawyers and are attempting to negotiate settlement and non-disclosure agreements. If the facts are as they have been alleged, Giddey would presumably be more than amenable to making this all go away in the manner Kobe did back in the day. The difference here, however, is that the state of California has a vested interest in upholding the well being of its minors - regardless of what their parents want. Parents can and sometimes do act not in the best interest of their own children. At that point, the state has an obligation to intervene. If the state wants to, it can subpoena the electronic files of the minor (and her parents for that matter). The subpoena would go out to the service provider, with notice to the parents - who could try (but almost certainly fail) to quash it. Once those electronic files are obtained by prosecutors, there may well be enough to establish criminal conduct on Giddey's part. There's a lot on the line here - potential prosecution and incarceration followed by possible deportation, since Giddey is still a citizen of Australia. Behind the scenes, of course, is the wealth and power of the NBA. And, all of this is landing on the desk of this man:
https://orangecountyda.org/Whose stated goal is the following:
The mission of the Office of the Orange County District Attorney is to enhance public safety and welfare and to protect and respect crime victims and to create security in the community through the vigorous enforcement of criminal and civil laws in a just, honest, efficient and ethical manner. That said, without going into detail, Todd Spitzer might be just the DA the doctor ordered for both Giddey and the NBA.
