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But the appeals court said it box office was impermissible for Martin to consider the juvenile co-defendant’s sentence when setting the 18-year-olds’ sentences. To compare the two, the court wrote, is to “attempt to circumvent the legislature’s policy decisions” to treat adults differently from juveniles. Less harm? The appeals court also found Martin used “totally flawed” reasoning in finding that the box office victim’s proximity in age to the suspects caused her to suffer less harm than the typical rape victim. “A 13-year-old victim is no more capable of consenting legally, to sexual activity with an 18-year-old than with a person who is box office 25 or 40,” the court wrote. “Furthermore, the trauma to the underage victim is potentially as great.” Ussery The appeals court also rejected Martin’s finding that the absence of physical force or trauma resulted in less harm to the victim. “There is nothing within the record ... to indicate the harm suffered by this particular victim was less significant than the harm normally associated with statutory rape,” the court wrote.
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