This hot potato won't cool

20210416_102236.jpg
 
To protect the majority, there has to be an age threshold. There always will be sentiments that support some degree of leniency for those who err at ages close to the cut-off. It means that even if we lowered the female age of consent to 13 yrs, there will always be a 14-year-old boy who will appeal for leniency based on the small age difference. Laws are never perfect. A man who appropriates his neighbor's chicken through violence gets the same treatment as a bank robber who took off with millions.
 
Last edited:
Even where the age difference is big, the Act is still excessive. What's the logic in jailing a 26 year old who has sex with a 16 year old for 15 years?

The people who should be getting these kind of jail terms are those who defile babies.
 
Karma_mama said:
'So-called consent'

It will get murky. How do you differentiate between coercion and 'consent'.

As it stands the harsh sentences should be deterrents but obviously they are not.
Tweaking the law will make it a free for all.

Education for both girls and boys should be reinforced before tampering with the law.
Click to expand...
Did the 17yo boy give his consent to the 17yo girl?
 
Karma_mama said:
'So-called consent'

It will get murky. How do you differentiate between coercion and 'consent'.

As it stands the harsh sentences should be deterrents but obviously they are not.
Tweaking the law will make it a free for all.

Education for both girls and boys should be reinforced before tampering with the law.
Click to expand...
Mamie, sitaki kukutukana. So nisamehe nikikuuliza, are you just plainly stupid ama nikujifanya honestly?

Just on Friday it was reported a 14-year old boy, now 17, was jailed for I think 10 years for having consensual sex with his same-age (14) cousin, a girl who was not jailed.

Kama kweli wewe uko na akili timamu and you are a normal human being tell me in what universe this is fair, just and correct.

And do NOT give me moralising BS, beating around the bush. ADDRESS THIS SPECIFIC CASE.
 
The question I always ask people who says it’s unjust and draconian to find an 18 year old Lad guilty for having sex with 17 year old Girl is this:

Assume you are walking down on the side of the road minding your own business. A 17 year old boy has just taken his Dad’s car without permission to go and impress his friends.
As he negotiates the bend at speed, he losses control of the vehicle and ploughs into you breaking your neck and legs. The Doctors opines that you might never walk again.

Now, good Ladies and Gentlemen, should the Courts find him guilty considering that he was almost 18 years old and about to pass his Driver’s Licence?
Should he be jailed for driving without due care and attention and waste his next 10 years forfeiting his Medical Degree Course?
 
upepo said:
To protect the majority, there has to be an age threshold. There always will be sentiments that support some degree of leniency for those who err at ages close to the cut-off. It means that even if we lowered the female age of consent to 13 yrs, there will always be a 14-year-old boy who will appeal for leniency based on the small age difference. Laws are never perfect. A man who appropriates his neighbor's chicken through violence gets the same treatment as a bank robber who took off with millions.
Click to expand...
Thats why the law shouldn't have mandatory minimum sentences. Trust the judges to weigh the merits of each case then sentence the offenders accordingly. Then have JSC punish judges who abuse this power given to them by the nation
 
Tiiga Waana said:
The question I always ask people who says it’s unjust and draconian to find an 18 year old Lad guilty for having sex with 17 year old Girl is this:

Assume you are walking down on the side of the road minding your own business. A 17 year old boy has just taken his Dad’s car without permission to go and impress his friends.
As he negotiates the bend at speed, he losses control of the vehicle and ploughs into you breaking your neck and legs. The Doctors opines that you might never walk again.

Now, good Ladies and Gentlemen, should the Courts find him guilty considering that he was almost 18 years old and about to pass his Driver’s Licence?
Should he be jailed for driving without due care and attention and waste his next 10 years forfeiting his Medical Degree Course?
Click to expand...
Hata wewe naona uko na kashida. Are those two scenarios even similar?

Huyo mtoto akikugonga na ngari mlikuwa mmekubaliana, as opposed to two teenagers who sneak out consensually to have sex? When they have sex, does the girl get life-changing injuries? Is the sentence of illigal driving, which is often a fine of less than 30K in Kenya (the judge has total discretion) the same as a MANDATORY jail-term of at LEAST 10 YEARS?

Our kids better take their brain genes from me................
 
shocks said:
Thats why the law shouldn't have mandatory minimum sentences. Trust the judges to weigh the merits of each case then sentence the offenders accordingly. Then have JSC punish judges who abuse this power given to them by the nation
Click to expand...
The situation becomes complicated when discretion is solely left to a judge because one, it is almost impossible to prove abuse of power when one has full discretion. They can always argue they used their best judgement, which is impossible to fault in the absence of an established standard. Two, offenders will have an easier time 'negotiating' with judges for lesser sentences. Clamors of injustice would become too numerous. Maybe we should be talking about a graduated punishment scheme, where some age brackets receive a more lenient sentence.
 
Last edited:
The worst that could happen to a boy engaged in underage sex is catching an STD.
He gets treatment and life goes on.
Girls on the other hand will get pregnant and that is the end of their childhood. Their life changes forever. A 'life sentence' of sorts.

But I have to agree albeit reluctantly that each case should be assessed individually and more flexibility given to the magistrate on sentences.
 
Field Marshal said:
Hata wewe naona uko na kashida. Are those two scenarios even similar?

Huyo mtoto akikugonga na ngari mlikuwa mmekubaliana, as opposed to two teenagers who sneak out consensually to have sex? When they have sex, does the girl get life-changing injuries? Is the sentence of illigal driving, which is often a fine of less than 30K in Kenya (the judge has total discretion) the same as a MANDATORY jail-term of at LEAST 10 YEARS?

Our kids better take their brain genes from me................
Click to expand...
Next time wake up from the other side of the bed. Umekuja na ubaya sana leo.
 
Denis Young said:
Next time wake up from the other side of the bed. Umekuja na ubaya sana leo.
Click to expand...
Karma_mama said:
Umenotice pia?
Aki anaongea mbaya sana leo.
Click to expand...
:LOL: :LOL: :LOL: :LOL: :LOL: :LOL: :LOL: Sori guys. No offence meant.

But one of my close pals is Peter Ouko. He is the CEO of CrimeSiPoa, which tries to tell youth not to engage in crime. He did over 25 years in Kamiti. He told us recently that in Kenya today the leading cause of incarceration is the SOA. Yaani out of every 10 men being jailed up to six are in because of the SOA. Funnily, most are involved in one or another family dispute especially on land. The other group are young boys who would be exploring their sexuality.

I have said and said again that I don't condone pedophilia. Anybody for example who defile a 5-year old should just be put to death.

But a good law should give latitude for a judge's experience and mitigation especially when dealing with consensual relationships. Prescribing that you must jail one party, even underage boys, with MANDATORY sentences ni upusi.

I have asked a very specific question up here which nobody is answering - where is the justice, fairness, equity or even morality in throwing a 14-year old boy into jail for sleeping with his age mate?

Nimesema na nitasema. Huu ujinga across the board against men is what is turning many of us into beasts. Inafanya tunawaua na tunawachoma. I mean, why leave somebody alive when all they have to do is shout 'rape' and you get life? Si afadhali ufanye kitendo uingie Kamiti kama yule Jamaa wa wrestling?

Let us return to the respectful gender relationships we had, not this western shit meant to destroy our societies. All lives are valuable.
 
Last edited:
You must log in or register to reply here.
Back
Top