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New Zealand Judge Declares 12-Year-Old Children Can Consent To Sex With Adults

A New Zealand judge has told a jury that 12-year-old children can consent to sexual intercourse with adults.

Judge Richard Earwaker was addressing the jury during the trial of Tulisi Leiataua, a 45-year-old pedophile charged with abusing two girls, aged 8 and 12. According to Leiataua, the 12-year-old girl “pursued him” and “wanted it” and therefore it was consensual and not rape.

“I know she was a child but the way she came to me was like a mature woman. I refused her but she kept coming back to me. She truly wanted to do this,” the 45-year-old said of the child who was 12 at the time.

In the final days of the trial, Judge Earwaker addressed the issue of consent on a person under 16 years, the New Zealand Herald reported.

Legally, a person under 16 cannot give consent for charges of indecent acts, therefore as a jury, all you need to decide is if the indecent acts took place,” he said. Then came the kicker. But as for sexual intercourse, a person under 16 can give consent. You need to consider whether or not the consent was given based on the evidence you have.”

On Monday, Judge Earwaker closed the trial, urging the jury to stay utterly dispassionate when judging whether the Crown prosecution had proved its case or not.

It is not enough for the Crown to persuade you that he is most likely guilty, it needs to be beyond a reasonable doubt.”

The defense used an element of New Zealand’s laws not widely understood by the public – that while the age of consent is broadly 16 years in New Zealand, consent is still a legal defense available to those charged with raping children.

There definitely needs to be change,” said Kathryn McPhillips, executive director of sexual abuse organisation HELP. McPhillips said it was “immoral to be putting those ideas forward that a child could consent … It’s way out of sync with what the general population thinks our law is.”

McPhillips said being accused in court of lying and of consenting to sexual activity as a young child resulted in added trauma for victims, particularly children. “As an adult, it’s bad enough to be blamed for something that was done to you, intentional harm that was done to you. That’s bad enough – but to be a child?”

When an adult has done this to you, and then another adult accuses you of it in court … that is layer upon layer of being the world turned upside down, where the rights of all of these adults to hurt you are sanctioned by the state.

Leiataua was found guilty this week of 33 charges of sexual abuse against two girls. The youngest victim was just an 8-year-old child when the abuse began. Both children faced two weeks of grueling cross-examination, and it was the nature of Leiataua’s defense, rather than the trial’s final outcome, that has revealed a shameful chapter in New Zealand legislation.

18 COMMENTS

  1. Disgusting. I bet he pursued the 12 year old like the pedophile he is. The judge needs to be looked at as well, the absolute bastard. No child is to blame, it is always the adult the absolute fucker. People like Leiataua need to be chemically or physically castrated. Children should not face two weeks cross-examination that is disgusting. Those poor children. The defence was abhorrent in trying to get her/his client off. He is a fucking Pedophile.

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  2. HMMM.
    I can understand what the Judge was saying but???
    What it calls into question is what constitutes consent and using the femiinist definitions of power then the consent is not available.

    Not sure how it can be untangled as we would have half the population girls and boys in jail. 16 being the age on the statutes.
    I suspect its not the act itself but the power imbalance. Had he been 13 then the outcome would be different I suspect.

    Definitely he should go to jail. No question.

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  3. Then there is this.
    A court has relaxed bail conditions imposed on a glamorous Sydney heiress accused of having sex with a 14-year-old.

    Savannah Daisley allegedly had sex with the teenager four times and then attempted to “silence” them, according to court documents.

    The 45-year-old is the daughter of champion horse breeder Ross Daisley and runs her own celebrity-endorsed detox business called Smart Cleanse.

    Daisley was charged in June with four counts of aggravated sexual intercourse with a teenager and was remanded in Silverwater Women’s Correctional Centre after being refused bail.

    https://www.nzherald.co.nz/world/sydney-heiress-savannah-daisley-accused-of-sex-with-14-year-old-has-bail-conditions-relaxed/UZRKS7DE3KHPLKTF3CLEAVEXFI/?dicbo=v2-dbb5e0e6bbaaeefb2dcea1d3d7a60aee&&ref=topbox

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  4. I assume that the defence brought the matter up, so the judge had to address it, the comments need to be taken in context.

    At least they didn’t say that since children can consent to having the jab at 12 that they can consent to sex. Is that to come?

    It is very sad that if there wasn’t an 8 year old involved that the argument might have been persuasive.

    An arbitrary age is there so there is a hard line.

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  5. The muslim and indian groomers will be sweating a lil less knowing this.

    To be fair tho some girls are just born sluts, a good friend of ours she lost her viriginity when she was 11 to a 39yr old. Fully consential and she initiated it and still openly brags about it to this day.
    The guy in the story above could be telling the truth but it seems he has a pattern of deviant behaviour plus if a girl that young persues you then you fucking run and never contact again, dont stick your dick in crazy and definately dont stick it in jail bait.

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  6. The fault doesn’t lie with Judge Earwaker. Rather blame should be attributed to those who wrote the law & the idiots in Parliament who didn’t ensure that the legislation covered what was intended.

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  7. For context it’s helpful to look at the age of consent around the world. It’s much younger than you might think.

    The absurd trend, promoted by feminists, is to adopt the USA age of 18 as some sort of gold standard. Therefore anyone having consensual sex with a 17 year old is labeled a pedophile.

    Unless they are one of the rainbow alphabet people!

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    • It’s true that the age of consent is arbitrary. In ignorant religious cultures a girl is a liability once she is old enough to conceive & their primitive customs have evolved to treat girls & women as second class possessions.

      The more civilised the country the more protection can be offered a female child giving her the chance of an education or career & certainly a better life than that of a cum receptacle & baby factory.

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      • And yet in many European countries looked up to as examples of female empowerment- its 13.

        The laws of consent do not have their roots in protecting young girls. They come from the notion it’s a property crime and the offended party is the father.

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        • ……” it’s a property crime and the offended party is the father”……

          You’re largely onto it. NZ’s law was essentially created by copying English law of the late 19th Century good & bad, warts & all. Twelve was the age of consent in England for centuries up until 1885 & it was raised to sixteen in an effort to stamp out child prostitution.

          There is no right to individual liberty without emancipation & the new law dovetailed with the granting of the vote to NZ females in 1893.

          But overall a woman’s fertility along with the lengthy time & extensive resources to raise a human child to independence have kept females under subjection from the time mankind evolved.

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            • If you accept the Old Testament as nothing more than a record of the twelve tribes of Israel complete with their lineage, walkabouts, customs & ravings about some mythical deity they imagined in their kaneh-besom induced stupors you will not be disappointed.

              As a history it is quite detailed & should be commended for its soporific qualities if nothing else.

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                • I can’t recall specific reference to Africa but a grain famine drove the original settlers of Canaan to Egypt who they bludged on for a bit. There’s something in the OT in reference to the Queen of Sheba meeting the wiseman Solomon so there was probably a bit of inter-racial nooky going on amongst the peasantry.

                  Interestingly enough the Mormon church reckons that God’s love isn’t shared equally with our more suntanned brothers because of some crap in the OT about dark skinned Egyptian priests.

                  Personally, I lean more to man walking out of Africa rather than the Adam & Eve bullshit. It stands to reason that there was a fair bit of gene slicing on the way.

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                  • Egypt is in fucking Africa.

                    The Africans reported numerous peoples living there when they arrived. Including the oldest civilisations on earth that existed for centuries before the Africans arrived from Africa.

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                    • In a geographical sense it is but its people are ethnically Arabs as opposed to Negroid. eg Ethiopia.

                      And the migration out of Africa came in waves & started before written records. The original inhabitants of the Eastern Mediterranean area may have arrived over 8000 ears ago.

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