Originally posted on August 3, 2015
I must admit I am impressed when sex offenders surprise me with their excuses. After a decade of dealing with these stories, I figure I have seen it all. However, every now and again someone manages to say or do something I would never expect. Case in point:
Nicole Porter faces statutory rape charges after getting a 13-year-old boy drunk and raping him. According to the victim, Porter and her roommate forced him to drink alcohol and threatened to hurt him if he refused:
Once he was drunk, the boy told investigators that Porter took him to her room where she took off her clothes. She then choked and pinned the boy down on the bed and forced him to have sex with her, court documents state.
Porter denied raping the boy and claimed her roommate provided the alcohol. Even if that were true, unfortunately for Porter her own journal makes the situation look worse:
Following her interview with deputies, her roommates went to the sheriff’s department the next day and gave officials a notebook that belonged to Porter. Officers obtained a search warrant and discovered incriminating writings that indicated she had indeed had sex with the boy while he was drunk, according to court records.
“…He made me feel very happy, I felt like I was loved for once, but I don’t think it was love. I think I was used,” she wrote, according to a probable cause statement.
That is the first time I have ever seen an accused rapist complain that their victim did not love them enough. That is Porter’s complaint. The boy made her feel happy, but apparently his heart was not into it. As a result, Porter felt used. Perhaps not in the way a 13-year-old who is forced to get drunk and is raped a grown woman would feel, but certainly “used.”
Of course, Porter’s horrific experience of a lackluster rape victim does not stop there:
“We kissed, hugged, held hands. For sake (sic) we have sex. I’m happy but not happy about it. I’m wearing my shirt he put on, and it smells like him.”
How sad for Porter. One can only imagine the pungent pubescent smell this boy left on her shirt. Why this boy on Porter’s shirt is anyone’s guess. It is not as if the average 13-year-old boy loves putting on women’s clothing.
Setting the sarcasm aside, people should consider the mind a person must have write what Porter felt compelled to commit to paper. Porter’s argument is essentially that the boy was a terrible lay. Think about the thought process behind that logic. This is not a person who seems remorseful for that they did. This seems like a person who does not think they did anything wrong, but who is smart enough to know others might not agree and lies when asked about the act she freely wrote about.
That leads us back to the charges. Prosecutors charged Porter with statutory rape. That is a rather curious charge considering that the victim claims he was drunk and forced to have sex. That should be rape, however, Missouri, the state this occurred in, has a peculiar set of rape laws. According to Missouri law, males cannot be raped:
566.030 – Rape in the first degree: Sexual intercourse (penetration of a vagina by a penis, even if slight or without emission) with a person who’s incapacitated, incapable of consent, or by force (includes date rape drugs)
Some readers may recall the Shawn Hornbeck case from several years ago. The rapist, Michael Devlin, plead guilty to dozens of sodomy, not rape, charges. That is because at the time, he legally did not rape Hornbeck. When Devlin kidnapped and sexually brutalized then 11-year-old Hornbeck, Devlin committed, “‘deviate sexual intercourse’ (oral or anal sex or penetration or the victim’s vagina or anus by a finger or object) with a person who’s incapacitated, incapable of consent, or by force (includes date rape drugs).”
This explains why Porter was not charged with rape. It also partly explains why she was not charged with sodomy. Both sodomy and statutory rape carry a maximum five-year sentence unless there is an aggravated sexual offense or the victim is under 12-years-old, in which case the maximum becomes ten years.
There is one difference: sodomy is a Class B felony, whereas statutory rape is a Class C felony. In short, statutory rape is the lowest offense the state could charge Porter with given the evidence and the victim’s accusation. That speaks volumes about the state’s lack of concern for a boy who was choked and pinned down by a grown woman.
Missouri did update its rape statute. Starting in January 2017, the rape statute will read:
A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
“Sexual intercourse”, any penetration, however slight, of the female genitalia by the penis.
I suppose I could give Missouri an A for effort, but since the state is so found of Class C felonies I think they deserve a C themselves.