Tony was and is correct in what he was stating......and he was not arguing on the requirements of letting JoePa off the hook as well as the PSU authorities he was just stating that you were in error concerning the legal definitions you were throwing out.
I know he wasn't arguing that Paterno or anyone else should be off the hook.
But I can't let you sit there and tell me I was in error when I know I am right. My pride won't allow it.
If Sandusky's alleged actions with the 10-yr-old had occurred in TN, he would almost certainly be charged with rape of a child. You're correct that rape requires penetration...and that was what is alleged with Sandusky. The GA supposedly walked in and saw him sodomizing the kid. If you go back and read the statutes that were posted by TRO as well as myself, they read that if penetration is involved, whether or not it was technically consensual, it's statutory rape if the victim is under the age of 17 but at least 13, aggravated statutory rape if the perpetrator is at least 10 yrs older than the victim, and child rape if the victim is under the age of 13.
I'm not an attorney, but I do cover criminal court proceedings on a weekly basis in an area where child abuse is way too common. I see these indictments handed down and plea deals made all the time. If an abuser has actual sex with a child under the age of 13, regardless of whether it was consensual, it falls under the statute as child rape. If it's just fondling or some other sex act, it falls under sexual battery and other charges. It may be that every prosecutor in TN wouldn't seek an indictment on those exact charges, but I think most do - and I know the ones I'm familiar with do.
So, anyway, all of that really has absolutely no bearing on what happened in Pennsylvania. I merely brought all of it up because that was the basis of my describing Sandusky's actions as "rape" earlier in the thread, and I thought TRO was telling my I was being hyperbolic (though in hindsight I really don't think he was).
