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discocrisco01 Donating Member (524 posts) Send PM | Profile | Ignore Tue Aug-03-10 07:54 AM
Original message
Woman Accused Of Posing As Boy To Date Girl
Here is a good watercooler story that you can discuss you with your coworkers this morning


"LEBANON, Ohio -- An Ohio prosecutor has filed sexual imposition and other misdemeanor charges against a woman accused of posing as a teenage boy to have sexual relations with a 16-year-old girl.

Warren County prosecutor’s spokesman Matt Nolan said Monday that 31-year-old Patricia Dye was charged in juvenile court with sexual imposition, attempted sexual imposition and contributing to the delinquency of a minor.

A grand jury in Lebanon declined to indict the Franklin woman on felony charges.

Dye was arrested June 30 and remains in jail under $100,000 bond. A message was left at her attorney’s office.

Authorities say Dye cut her hair, used an alias and dressed as a boy.

Nolan says Dye could get up to nine months in prison if convicted in the Cincinnati-area court.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:01 AM
Response to Original message
1. I am trying to find the crime here.
Edited on Tue Aug-03-10 08:01 AM by Warren Stupidity
So far I have nothing.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:05 AM
Response to Reply #1
2. Hint: "31yr old ... to have sexual relations with a 16-year-old girl." n/t
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:14 AM
Response to Reply #2
5. hint: not charged with statuatory rape.
by which I infer that the age of consent is 16. So what is the crime again? Is it gender impersonation? Is that the crime?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:17 AM
Response to Reply #5
9. hint: likely caught before rape occured.
Edited on Tue Aug-03-10 08:21 AM by Statistical
"contributing to the delinquency of a minor."

is generally used as a fallback when the circumstances don't allow a more serious crime.

Likely the only thing that prevented a sexual assault charge is that the criminal was caught before the crime escalated to that point.

Of course it appears some sexual contact did occur because of the charge of sexual imposition.

http://codes.ohio.gov/orc/2907.06

2907.06 Sexual imposition.

(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.

(2) The offender knows that the other person’s, or one of the other person’s, ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired.

(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.

(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.

(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(B) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.

(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of a violation of this section or of section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:23 AM
Response to Reply #9
15. since when is dating somebody a crime?
and how exactly does that make one a delinquent? Offhand I'd say the DA is fishing for a crime to charge this idiot with.

On the other hand - it looks like you have perhaps found a crime. If the ohio age of consent is 17 then a crime, as per sexual assault cited, may have occurred.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:25 AM
Response to Reply #15
18. The charge is sexual imposistion which requires some sort of sexual act.
Edited on Tue Aug-03-10 08:31 AM by Statistical
That isn't "dating". Had the criminal merely "dated" the victim under false pretenses likely no charges would have been filed. The victim could obtain a restraining order but that would likely be the extent of it. Of course if the criminal gave the victim alcohol, drugs, or anything else that might contribute to the deliquency of a minor during this "dating" that charge would stand.

A 31 year old used deception to engage in a sexual act with a child.

What part of that being a crime don't you get? Let me break it down to you

31 year old
deception
sexual act
child

Still confused?

2907.06 Sexual imposition.

(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.

(2) The offender knows that the other person’s, or one of the other person’s, ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired.

(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.

(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.

(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(B) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.

(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of a violation of this section or of section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree.


"dating" is not sexual contact. Likely the exact details of the crime were left out of the story to protect the decency of the child victim however the DA believes they have sufficient evidence to sustain the elements of the crime
a) that sexual contact occurred
b) that one of the elements (1-5) apply
c) that they have evidence beyond just the testimony of the victim.
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:39 AM
Response to Reply #18
31. The other person, or one of the other persons, is thirteen years of age or older but less than sixte
She was over sixteen.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:49 AM
Response to Reply #31
32. That is only ONE of the conditions.
Given she was 16 obviously that wasn't the conditions the criminal was charged under. Right?

Adults having sexual contact with children is a crime. The exact definition may vary from state to states but obviously in Ohio some element of her crime matched this statute.

Is is someone sad that you would characterize:

Adults having sexual contact with children through use of deception as "dating". I mean really?

"Dating"? Take genders out of the story.

New headline:
Adult charged with using deception to have sexual contact with a child.

Would you still be asking "what is the crime? they were only "Dating"?
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:12 AM
Response to Reply #9
28. That has proven an unsuccessful defense for "to catch a predator"
In fact, no sexual contact is required. In fact, the "victim" need not be a minor at all, so long as the perpetrator thinks (s)he is.

An adult who goes to meet someone who (s)he thinks is a minor hoping to have sex with him/her is a criminal.
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Silent3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:09 AM
Response to Reply #1
3. It's certainly not right to try to fool someone this way. Crime or not...
...all depends on the way the laws are written.

I'm pretty sure that if this were the story of a 31 year-old man trying to trick a 16 year-old girl into sex, this thread would be full of cries to cut the guy's balls off and throw him in jail for at least 25 years, hoping he'd be frequently raped by his fellow inmates.
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:15 AM
Response to Reply #3
6. what is the age of consent?
If it is 16 there is no crime.
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Veeger Donating Member (12 posts) Send PM | Profile | Ignore Tue Aug-03-10 08:17 AM
Response to Reply #6
10. So if a 31 year old man tricks your daughter into sex
It's cool with you?
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:20 AM
Response to Reply #10
12. what part of 'a crime' do you not understand?
uncool is not a crime. my feelings do not determine criminality. We have these inconveniences called 'laws' that regulate what is a crime. So, what crime has been committed, oh unstupid one?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:22 AM
Response to Reply #12
14. The crimes commited were listed.
Edited on Tue Aug-03-10 08:22 AM by Statistical
sexual imposition,
attempted sexual imposition
contributing to the delinquency of a minor.
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:29 AM
Response to Reply #12
19. Sexual Imposition. I quoted the Ohio code in #13.
Edited on Tue Aug-03-10 08:30 AM by Recursion
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Silent3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:21 AM
Response to Reply #6
23. I'm not sure that age of consent is the only issue...
...if someone is trying to trick other people into sexual activity that they otherwise knowingly would not have engaged in.

That should be considered fraud of some sort at very least, although like I said before, I don't actually know how existing laws in Ohio would apply.

My point about how I think DU would react if this was a man/woman situation wasn't to say that I agree with such a reaction or that it makes sense. I think the offense here isn't that terrible whether it's female/female, male/female, female/male, or male/male. It's just a crappy thing to do regardless of the genders involved, and it's curious how comparatively muted the reaction to the OP is since there's no oppressive, "patriarchal" male figure to pounce upon.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:16 AM
Response to Reply #3
7. +1
:thumbsup:
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Veeger Donating Member (12 posts) Send PM | Profile | Ignore Tue Aug-03-10 08:10 AM
Response to Reply #1
4. You screen name
covers it pretty well
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Warren Stupidity Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:16 AM
Response to Reply #4
8. LPC
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Vickers Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:20 AM
Response to Reply #1
11. "sexual imposition"
I had to look it up...part of it involves deception.
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Recursion Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:20 AM
Response to Reply #1
13. It says the crimes right there in the OP
Edited on Tue Aug-03-10 08:20 AM by Recursion
No need to even follow the link: sexual imposition and contributing to the delinquency of a minor.

Here's the OH sexual imposition law:


(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.

(2) The offender knows that the other person’s, or one of the other person’s, ability to appraise the nature of or control the offender’s or touching person’s conduct is substantially impaired.

(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.

(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.

(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

(B) No person shall be convicted of a violation of this section solely upon the victim’s testimony unsupported by other evidence.

(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of a violation of this section or of section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree.


So, to your question "where's the crime", the answer is Ohio code 2907.06.
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Veeger Donating Member (12 posts) Send PM | Profile | Ignore Tue Aug-03-10 08:24 AM
Response to Reply #13
16. Excellent response
That should end the debate.
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lunatica Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:24 AM
Response to Reply #1
24. Deceit with intent to elicit sexual relations with a minor
If it were a man deceiving a teen boy by pretending to be a teen girl the crime would be obvious.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:31 AM
Response to Reply #1
26. You might feel differently if your teenage daughter was the victim
:nuke:
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:15 AM
Response to Reply #1
30. well done
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:24 AM
Response to Original message
17. They should make a movie about something like that.
Oh...wait...
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OmmmSweetOmmm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:34 AM
Response to Reply #17
27. Except in "Boys Don't Cry, the girl was not a 31 year old woman but a teen.
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MineralMan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 12:15 PM
Response to Reply #27
33. Poetic License...
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whistler162 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 12:41 PM
Response to Reply #17
34. Probably took the idea from a Law and Order episode.
woman kept moving around posing as a teenager.
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snooper2 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:45 AM
Response to Original message
20. And how is this story any different that this one? oh- 9 months vs. 10 years
Man arrested for soliciting underage girls for sex

A 43-year-old Granite Falls, Wash., man was in federal court Monday afternoon after his arrest Sunday when FBI agents alleged he tried to lure two young girls he met online into a sexual rendezvous.

Gregory Charles Dolle was arrested without incident at about noon. He is appeared before a federal judge in the Mark O. Hatfield Courthouse.

Dolle used the yahoo.com screen name “gcletus73” in an Internet chat room when he began corresponding with what he thought was a 14-year-old girl. The “girl” and her 14-year-old friend were really an FBI agent aided by a Beaverton Police Department detective.

http://www.beavertonvalleytimes.com/news/story.php?story_id=117675136413674200

Wash. man gets 10 years in online predator case, PORTLAND, Ore. ... Gregory Charles Dolle of Granite Falls, Wash., pleaded guilty in December to ... < www.examiner.com >
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:53 AM
Response to Reply #20
21. I'm pretty sure the age of consent in Washington is higher than 14
In Ohio, however, the age of consent is 16.

I'm not saying that what the 31-year-old did wasn't devious, but in the eyes of Ohio state law, her intended partner was legally capable of giving consent.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:53 AM
Response to Reply #20
22. An example of the ver unequal sentencing between genders when it comes to sexual crimes.
Edited on Tue Aug-03-10 08:55 AM by Statistical
That is just one case. There are hundreds of similar cases. Most easily compared is female teacher vs male teacher as the predator. This allows a more apples to apples comparison. You can identify similar victims and similar predators, similar MO, and similar circumstances. Almost always the female offender receives a tiny fraction of the male offender.

For some reason people seem to think it is less traumatizing if a women commit a sexual crime.

Sadly this is a societal issue and likely will take a couple generations. Linking it to the ERA discussion yesterday. I could see a man convicted of a sex crime suing under the ERA for inequality in sentencing. To avoid having sentences reduced the states would be forced to become fairer in their sentencing.

Rape a child you get the exact same amount of time regardless of gender.
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Silent3 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:30 AM
Response to Reply #22
25. On the whole, men generally get a better deal in our society...
...than women. That doesn't men, however, that there aren't a few areas where things are unequal to the detriment of men.

Unfortunately on DU, it's very hard to ever say that without getting a reaction as if you're denying every wrong ever done to any women anywhere, or that you're somehow attempting to justify those wrongs, or attempting to free all men of all guilt, or just whining too much because, somehow, if the total injustice to men is less than the total injustice to woman, then you should just shut up and "take it like a man".
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 10:14 AM
Response to Reply #20
29. Sloppy reporting.
he didn't meet any "young girls" online.
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