Embar Angylwrath wrote:It's ignorant to say or imply all places are equal. I'd like to know if Klast were a judge, and if these two were caught having sex in front of bunch of first graders, would he impose a penaly on them, and if so, would it be any different than a penalty imposed for havnig sex in, oh, I don't know, let's say a McDonalds.
If I was the DA trying to decide what to charge them with I would use the following criteria.
If no one saw them: Trespassing, possibly disorderly conduct. This is closest to the case at hand because they did take care to close the curtain. they did not intend to be seen.
If they intending to be seen: I would add indecent exposure to the mix just like any other flasher.
Only if there were reasonable evidence that they intended to be seen fucking by a bunch of first graders or intended to use the presence of first graders as part of their sex act would I press charges relating to a sex crime / pedophile act.
You can make hypothetical situations and they will have their hypothetical appropriate responses. But in this case they took steps to avoid being seen. It was in a place where they did not reasonably expect to be in front of a bunch of first graders. If they had not been stupid and allowed themselves to make too much noise they probably would have gotten away with it too (if it hadn't been for you meddling kids). Bringing in your "won't somebody think of the children" straw man does not change the actual circumstances of the case.
If you are a normal human being you probably broke some law or other in your life. Maybe it was years ago when you were young and dumb and didn't know better. Maybe you drove your car way over the speed limit. I'm sure a cop, judge or whatever would take a different view of you going 60 in a 30 if it was in front of a school 5 minutes before classes started. But if it was in some suburban residential area you would not want to be prosecuted as if you had almost killed a dozen six year olds. Of course not all places are equal. But a confessional is a lot closer to my hypothetical changing room at Macy's than in front of your hypothetical first grade class and you know it.
Next dumb question?
"A few months ago, I told the American people I did not trade arms for hostages. My heart and best intentions still tell me that's true, but the facts and evidence tell me it is not." - Ronald Reagan 1987