I think most statutes take the age difference into account. 16 and 18 isn't near as bad as 16 and 38.
Age differences have nothing to do with anything. The age of consent in the province of Ontario is 14, so this isn't a "statutory rape" situation, ...it is RAPE. PERIOD! In order for sex to be consentual, it has to be consented to. A person who is unconconscious is incapable of giving consent. SHE WAS GANG RAPED!!! Because of the heinous nature of the crime, I do hope they choose to charge them as adults.
If she was unconscious, that what's going to look worst b/c of the non-consensual aspect. but the fact that she didn't even realize it had happened, and that she was there voluntarily gives a defense atty a lot of room.
A defense attorney will have no room whatsoever. She was unconscious and did not give consent. Furthermore, the fact that she has no memory of the incident could indicate the degree of trauma she experienced. Being gang raped can produce significant enough trauma to a victim to cause them to compartamentalize and lock away all memory of the incident because it is so traumatic. We see it all the time in cases of MPD. And as for her being at the location voluntarily... HELLO! Are you DAFT?!?!
If I'm at the bank to make a deposit, and a bank robber comes in to rob the place and shoots me in the process, does that give him latitude because I was at the bank voluntarily? I'm sorry Al-Gebra, you're usually a pretty smart guy, ...but that has got to be one of the stupidest things you've ever written on these boards.
I've been trying to be more productive . . . chasing jag around the fora can be so distracting.
I'm sure there are far more interesting things you can do with your time.