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So Let’s Talk Statutory Rape

December 20, 2007
Evil Beet
Jamie-Lynn Spears
68 Comments

jamie_lynn.jpg

Daily Mail has an article today about the charges 19-year-old Casey Aldridge could face for impregnating 16-year-old Jamie Lynn Spears (if he was, in fact, the one who did it).

Louisiana law defines this unlawful carnal knowledge as “sexual intercourse with consent between someone age 19 or older and someone between age 12 and 17.”

In Louisiana a person can only legally consent to sex at age 17. If aged 15 or 16, the other person involved must be no more than two years older for the act to be considered legal.

But Aldridge wouldn’t fare much better if the “carnal” act happened in California, where Spears lives while on the set of her Nickelodeon TV show Zoey 101.

The Californian Penal Code states that any person who engages in an act of unlawful sexual intercourse with a minor under 18 who is not more than three years younger than the perpetrator, is guilty of a misdemeanour and faces up to one year in a county jail.

But Californian criminal defence attorney Jim Hammer says: “If Aldridge is actually more than three years older he could be up for a felony, which carries a maximum three years in prison.”

If the sex took place in Louisiana, he could be in for 10 years.

Now, help me out here, legal eagles: do the parents have to press charges for any of this to happen? Or can the state press charges? And is it likely that they will?

Weigh in, smart people!!!

68 CommentsLeave a comment

  • He’ll get out of the clink on the kids 10 Bday… how cool is that… YOU GO SPEARS GIRLS KEEPING THAT WHITE TRASH ALIVE for all of us. I couldnt have asked for a better Xmas!

  • That is sooo ridiculus. What a little….whatever get knocked up at 16. I bet no one will watch that stupid show anymore. She threw her stardom down the drain……following in the wrong steps of her older sister.
    What a great example Brit.

  • I’m not clear on LA law specifically, but most states make such cases offenses against the state itself. They treat it as physical assault or domestic violence- if the cops are wise, they’re obligated by law to file a report and let the justice system do it’s thing. (This is alot like that recent case of the dude in GA who got a bj when 17 from his then 15yo girlfriend and was jailed despite the girl’s parents filing no complaint.)

    Since the guy is white (unlike the dude in GA), this will probably be overlooked. I’m not playing a race card- just look at LA’s disparate record on race and prosecutions (ie Jena 6, etc.).

  • I’ve heard of cases where the state does take it upon itself to press charges even if the parties involved do not want them filed.

    This is a pretty sad situation for all involved.

  • Lynne Spears raised an emotionally crippled drug addict and a pregnant 16 year old with a live in boyfriend. I wonder who they should prosecute?

  • Only the state can press legal criminal charges. That’s why it’s “the People [or the State] v. some dude” instead of “the victim v. some dude.”

    The filing of an indictment is subject to prosecutorial discretion. I can run into a police station screaming that I’ve just been shot, and the police can arrest the shooter, but charges still haven’t been pressed until there’s an indictment.

    Parents of a victim can have a lot of sway in trying to persuade a prosecutor, and many DAs’ offices have policies regarding what crimes they will pursue depending on whether they have a cooperative complaining witness, but it is entirely within a prosecutor’s discretion to pursue charges even where the victim is opposed to prosecution (e.g. domestic violence) or not to pursue charges where there the alleged victim is strongly in favor of prosecution and the act in question probably fits the statutory elements of a crime, but the prosecutor feels doing so is not in the interests of the state (because the defendant is sympathetic, the alleged criminal act doesn’t fall within the policies the statute is aimed at preventing, the victim is not credible, etc.). This is often a decision a prosecutor will make because grand juries can no-bill an indictment and trials are subject to jury nullification if juries feel application of a law is unfair, even if technically legally required.

  • actually,if she did not keep the baby, no one would know
    I can’t really decide what would be the best for the child
    even if I am not keen on pregnancy termination as a contraceptive method, as used by soooo many women, unfortunately

  • u think the state would care who she banged nd got her a bun in the oven? they got too many shit in their minds to deal wit that, like sum1 above me said she got too m uch money to buy the state nd let the guy go, that may even b the reason y they doing the whole prison scare. nd i cant wait either to see her blow up lol i just hope she dont get fat nd ugly like britney did.

  • he shouldnt go to prison, its rediculous. it takes two people to have sex & im sure that jamie didnt reject him. they’ve been going out for almost 2 yearss, its expected? and all of you keep complaining about her keeping the baby, but if she decided not to and got an abortion you would all be complaining that thats not right and she shouldnt kill an unborn baby. so either wayy, no ones happy. everybody makes mistakes, & she might be a star, but she’s a normal person like everybody else and nobodys perfect.

    And by the wayyy, i <3333 zoey 101.

  • Bizarre. Why doesn’t the US just have one age/blanket law across all states. Here in the UK 16 is the age of consent no matter where in the UK you are.

  • We know that she’s a young teenager that is pregnant but she is only human and everyone makes mistakes. I’m pretty sure that everybody has made a mistake in life that you can’t take back, like she has done.

  • i think that no boby should be on d girl because i am 17 and my man is 28 today and he also has 2 children and the sex is great painful but great and i love him

  • yeah, she is a person, but she’s not just like anyone else, she’s a star. i don’t feel sorry for her just because she’s a star. she is a star, and i think stars should be held more accountable for their actions. they’re in the public eye and setting bad examples for all the people who watch them. it’s just like a big sister needing to set a good example for a little sister. jamie lynn is the big sister and all her fans are her little sisters.

  • Hey, she didn’t mean to. And she’s trying to work things out. So, maybe it wasn’t the brightest decision but at least she’s trying to do something about it.

  • What exactly is it that she’s trying to do Sarah? The skank-ass-bitch shouldn’t have let dude nut all in her in the first place. She’s getting a GED? Big fucking deal. Any n*gger in the tri-state is capable of that.

  • I think that babies r one of gods greates gifts and every women or man should always talk about it b4 ever making one! For something so important You have to b ready mentaly, and physicaly. They should have protected themselfs so that this would’ent have happend, ((im all about having babies but not at such a young age)) not just bcuz she’s in the public eye but bcuz of her tender age. Jamie is only 16! I really dought she has a clue on how to raise a baby, lets just hope that she recieves all the help and support from her family, And that she learns to b a great mom! But It sucks, she has an older sister that has 2 kids but can’t really ask for advice. At least not right now. And we all no why!

  • how do ya’ll know that she DIDN’T have protected sex? Ever heard of rubber breaking? And besides.. if you let your kids follow in the footsteps of the stars then ya’ll need to go to parent classes or something.

  • I think it is perfectly ok on what they did, I’m not saying the baby is a mistake but I don’t think she set out to do it. I would like to say I’m a fan and she is doing exactly what any young teen to be mother should do. She could give it up for adoption or keep the baby and raise it herself. Personally it’s none of our business, I never heard her on tv ask for anyones opinion. I hope her and Casey Aldridge stay together and in the future have more kids, and any telivision company that wouldn’t allow her on the show are prejudice and should be ashamed of themselves. I would also like to add that because Britney has made a bit of big mistakes, that it’s also none of our businesses and the media likes to add more than what there really is to something. Plus if it were anybody else I’m sure the media/ papparazi wouldn’t be out looking and taking pictures of them. And I think it’s pathetic that people that sit on the computer like myslelf alot has no business judging Britney and Jamie’s life… I would like to think that they will both be better and great parents in the future, and parents spending time on the computer should really be watching their own kids. And + I am a kid and I know that parents can’t be looking out for their kids all the time. And adults judging “spears” sisters are hypocrites because you’re not watching your kids your on the internet.

  • i thnk u did a bad idea getting pregent at 16. why r u acting like ur sister? i love the show ZOEY101 . i would be sad if thy cut it off. please thk abut wht u r doing

  • her sis isnt even that bad. her kids came after marriage…and yeah she might be crazy but if everyone just leaves her the fuck alone she’d be fine.

    oh and..
    jamie’s a hoe :)

  • wot a f* ho! 16years old and getting preg? she’s been watchin too many chik flix..

    now we shud anticipate the trauma, the tears and the troubles that will follow this cockup!

  • ok this was her stupid choice and they should take the dumn slut off the air of nick. her little show Zoey 101 is the gayest thing i have ever watched and she is setting a bad example for kids every where why dont u grow up and stop trying to be like brit she is a dirty slut too and i had hope for u and thought u would take the right path but looks like some slut rubbed off on YOU!!!!
    YOU FUCKED UP!!

  • OMG.. leave her alone.. just go to any typical american high school and take a look around.. she is not the only 16 year old pregnant.. and she will not be the last.. I think that its great that she is keeping her baby.. Its good that she is not taking the “easy way out.” Im not saying having an abortion is easy but she could have went the route.. and she didnt.. I admire her for that.. Just because she had sex when she was 16 she should not be disrespected.. I think the main reason the press is making such a big deal about her being pregnant at 16 is because of her sister.. The press needs to just leave those girls alone so they can live their lives and try to work things out for themselves.. Britney cant do anything without the press right there watching her every move.. How would you feel if you could not leave your house to do anything without having a camera in your face the entire time you were out of the house? I know I would hate it..

    Congrats Jamie Lynn!!

  • i think its stupid how people feel the need to call a girl a slut for getting preg at 16. 14 is the average age that kids loose their virginity and just because her older sister went through hell the last year doesnt mean that had anything to do with how jamie got preg. its better that shes keeping it because there is no need for someone to kill an innocent child. its even better that her and the father are making things work because that hardly happens.. who cares if the state thinks its illegal kids do it everyday and you dont see them getting sent to jail or arrested or even brought up half as much as jamie. just because shes famous and her family has got some problems doesnt mean that she is going to do the same. people are soo ignorent about that and they think as soon as they hear pregnant and 16 in the same headline its a sin or its wrong…people have kids at 13 or even 12 and noone makes a huge deal about it but just because her sister is physco its a huge thing and people think less of her now….well i think more of her now to see that shes actually taking responsability for her mistakes which half of these people that have posted could never do at her age.

  • accidents happen.
    leave Jamie-Lynn alone.
    if all pregnant 16 year olds got as much publicity as she is right now then their would be so many pictures and stuff of girls at my school.
    Jamie-Lynn is a normal teenager doing stuff that the majority of teenagers do now.
    yes she’s pregnant, so what, she handling it in the right way.
    I love Britney and everything but Jamie is obviously different then her.
    don’t compare them.
    they are two different people living two different lives.

  • Laura its not like every girl who gets pregnant is a public figure. Alot of younger girls look up to Jamie Lynn and they idolize her do you know how hard it is for parents to have to explain what she did .

  • sorry ich hab immer wieder das selbe geschrieben weil ich dachte es hat nicht geklappt tut mir leid und hoffe du kannst deutsch lesen und bybybybyby

  • okay im sorry but i became a mother @ 14 & it’s not about being white trashh! it wasnt on purpose but it was my fault for opening my legs i get that but its not something you want to happen she is going through enough without all of yall pointing out her mistakes. lay off. she is going to be a great mother its not about age its about heart <33

  • Hey jamie i kno what you mean sooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo many times i thought i was pregnate and yea im at that age 17 turning 18 soon in june but people make masrkaes and yes thats what teen agers are int o these days esxpecally the boy s

  • I THINK U GUYS SHOULD CUT LYNN SOME SLAK,BECAUSE I MEAN COME ON THERE ARE ALOT OF TEENS WHO BLEW IT TO,IF U WERE TO GO TO A HIGHSCHOOL U WOULD PROBABLY SEE HALF OF THE SCHOOL GIRLS PREGANET,ANDJUST BECAUSE SHE MESSED UP IT DOSEN’T GIVE U PEOPLE TO GIVE AN OPION ABOUT HER BECAUSE U GUYS HARDLY EVEN KNOW HER LIKE THAT TO BE JUDGING HER AT ALL LIKE U ARE DOING.

  • Man Jamie is a real hoe thats ashame how she just disgraced their family like that.. hell even Brittany didn’t do that dmn bad what the hell is she thinkin having kids at 16 like i said a hoe will always be a hoe its like she was f**king way before then she is just a dumb ass little girl who needs to stop being the little slut that she is and just be a young girl stupid ass she is so damn niieve, here a tip for you jamie CLOSE YOUR F**KING LEGS YOU WHORE!!!!!!!!!

  • wow ‘Otis Da Truth Teller’ that is the most stupid thing i have ever read. first of all, it only takes one time to get pregnant, it does not make her a slut, especially when it was with the guy she has been dating for a couple years.

    secondly, she obviously didnt actually plan the pregnancy, she may have even been using protection, there is no fail safe way beside abstinence.

    i would also like to point out that 16 is the legal age for sex in the majority of the world, though her boyfriend being 3 years older than her is illegal in many places. although their relationship isnt quite legal there are so many teenagers in the same situation (the male being a few year older) and this generally comes down to the fact that girls reach puberty earlier than boys.

    im not really sure how she disgraced her family either, it obviously isnt the ideal situation but it is a common one and her family are standing by her and her brave decision to keep the baby.

    i dont think she is niave either, she has been through a lot in her life so far and getting pregnant doesnt mean u are niave at all. statistically, approximately 1 in 4 pregnancies arent planned, i know that two of my brothers were unplanned (but not unwanted) pregnancies, as u will find in many families.

    another thing to think about is that a couple hundred years ago it was quite common to have more than one child by the age of 16 and although its not common today and really disadvantages the mother as far as schooling etc, it will not neccisarily have any negative impact on the child at all, as long as the mother is responsible and recieves the support she needs.

    im sure jamie will do her best, just as any mother would and i dont believe charges should or will be laid so long as he is supportive of jamie and the child.

  • oh and 14 is not the average age to lose your virginity it is actually 16 to 18, depending on where in the world you are.

  • hello brit I love you.¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡

  • Jaime Lynn Spears is a role model for teenage girls. She is setting a bad example for them. They should have had protection because they are not responsible enough to look after a child.

  • HOLIS… SOY DE ARGENTINA TU NOVIO ESTA MUY BUENO DIAFRUTALO YO ASE 2 DIAS QUE ME PELEO CON MI NOVIO..

    BUENO ME ENTERE QUE ESTAS EMBARAZADA Y QUISE DESIRTE ESTO ESTOY PASANDO POR LA MISMA SITUACIÓN LA UNICA DIFERENCIA QUE TENGO 14 AÑOS Y ESTOY DE 2 MESES DE RETRASO..

    ESTOY DE MELLIS.. OSEA 2..

    Y TODABIA MI DAD AND MY MUM NO SE AN ENTERADO.. ESPERO QUE LES CAIGA BIEN

    BYE BYE..

  • no pss..
    que bien por ella..
    iwaL..^^
    y ojala sea very very happy with he..oh no?
    bye bye..
    I love gonzalo

  • Look i got prego at 15 by an 18. my dad’s trying to threaten me and him with statutory and a restraining order. its bull if its consentual it shouldnt matter. am i right or am o right. all i have to say is that you better be up for the chalenge.

  • sheridan, i completely agreee with you. i dont believe charges should be pressed. i got pregnant at a younger age than her but with the same age difference. but here in the state of Indiana, its concidered statutory if the guy is 18 and the girl is between 14 and 16. i was 15, he was 18. my parents threatened me yesturday about pressing charges and that ill have no say in what happens. and i told them they can go to hell. my parents my love my son, buut they sure as hell dont love me, atleast enough to have my say in what goes on in my son’s and my life.
    i will be turning 17 this wednesday. my parents think that i am acting like a child and are practically calling me a slut because i didnt know who the dad was between 2 guys. my parents dont want me and my 10 month old baby daddy. nobody does and they’re all lying to me and him trying to get us apart but no matter what they say they cant keep us apart. they all can go to hell and burn.
    being a mother at a young age isnt all that great but it is the greatest thing to ever happen to me. i have matured more and taken more responsibility in my life even if my parents may not see it. they still treat me and think of me as a child. they say they cant trust me, well if they cant trust me , why do they allow some one they cant trust stay in their house and live with them. that i dont get.

  • you all cant honsestly tell me that you have never done sumthing wrong… jamie is just a person who makes mistakes like the rest of us all of you are either jelouse or her or jelous casey got there b4 you ; )

  • I think that jamie-lynn is a real nice girl and that she did not mean to get pregnant!!!!!!!! i luv britney and jamie-lynn spears!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • hahahaha say my name again and wtf doesnt matter if she didnt want to get pregnant… she had intercourse ahahaahahaha jamies life is ruined hahahahahahahahahaha hahahaha say my name again