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

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Hundreds of thousands of children in the United States go missing every year, with many of them falling into the hands of predators who traffick them through pedophilia networks.

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.”

Manukau Crown Solicitor Gareth Kayes told to the jury that Leiataua had lied over and over again.

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.

Baxter Dmitry

Baxter Dmitry

Baxter Dmitry is a writer at The People's Voice. He covers politics, business and entertainment. Speaking truth to power since he learned to talk, Baxter has travelled in over 80 countries and won arguments in every single one. Live without fear.
Email: baxter@thepeoplesvoice.tv
Baxter Dmitry

48 Comments

  1. Honestly 12 year olds brought up in certain environments can be more mature than many people 10 or even 15 years older than them brought up as little children. Without knowing the backgrounds of the people Ypur only surmising and I have no qualms about bursting your illusory bubbles that all 12 year olds are innocents because I remeber being 12 and I remember how slutty many of them were. And later in life I witnessed lots of things that apparently many people either didn’t or pretend they didn’t. Whether children should be kept ignorant or childlike until they’re 18 is not relevant but reality is and the truth not simple idealism based on nice fantasies. Course children shouldn’t be wanting to have sex with dome old wrinkly creature even 5 years older than themselves IMO but there’s no accounting for tastes.

    • I can see why your anonymous. It doesn’t matter if a 12 year old is or is not innocent, an adult is supposed to know that children are off limits to their sick desires. This old pervert just couldn’t say no to a 12 year old because he is a criminal. A good man would have talked to the parents about a 12 year old that needs help. However, I doubt the perverts story. There was a day when adults who molested 12 year olds were executed, perhaps a few public executions of these evil individuals would convince them to leave the children alone. The judge who made this decision should be removed.

      • Oh don’t be so stupid King Henry wanted to marry Mary Queen of Scots when she was 4. You’ve been reading rubbish peddled by liars.

        • That proves King Henry was a pedo, as it seems all the “royals” are. Descendants of satan, no doubt.

      • And that’s more about your thinking, your projection onto that person actually, than anything That’s entirely coming from you. Your mind.

  2. Hebrews 13:4 — “Let marriage be held in honor among all, and let the marriage bed be undefiled; for fornicators and adulterers God will judge.” This truth is not being communicated to young people. Is a 12-year-old ready for marriage? Not likely. And even if they are, marriage is being ignored!

    • God chose Mary most likely at age 13 Possible even 12 when she became preganat, 13 when she gave birth That was the social norm For CENTURIES WORLD WIDE.

      • No one knows how old Mary was. She had to be old enough and wise enough to raise the Son of God. Mary’s cousin, Elizabeth, was past the age of child bearing but had a miracle birth, John the Baptist. It is unlikely that Elizabeth had a 13 year old cousin. As per scripture, Mary remained a virgin until after Jesus was born. Nevertheless, in this article, the judge is a pervert and so is the 40 year old that molested a child. If they don’t repent, eternity in heII will be their end.

    • If you really think that them your saying the entire planet was sick up I til just recently and quite frankly I think the exact opposite I think the sickest society of repressed a d dumbed down idiots that have ever existed. Morakistic igniramuses unawarw of human nature. Brainwashed by “Puritans” themselves who are evil incarnate that don’t have sex with 12 year olds but 2 months olds who they torture and murder and drink their blood. And then truck the world into thinking that people who love 12 year olds are the sickest things on earth Look 12was always the legal age if consent in China I dua Africa Europe Americas everywhere Most girls had their famines, kids by 14 to 16. Even in 18 th century France the Queen was ridiculed because she hadn’t given birth by 14.
      Now people are so brainwashed they’re totally stupid morally And they believe the rubbish

      • The investigative journalist William Thomas Stead of the Pall Mall Gazette was pivotal in exposing the problem of child prostitution in the London underworld through a publicity stunt. In 1885 he “purchased” one victim, Eliza Armstrong, the thirteen-year-old daughter of a chimney sweep, for five pounds and took her to a brothel where she was drugged. He then published a series of four exposés entitled The Maiden Tribute of Modern Babylon, which shocked its readers with tales of child prostitution and the abduction, procurement, and sale of young English virgins to Continental “pleasure palaces”. The “Maiden Tribute” was an instant sensation with the reading public, and Victorian society was thrown into an uproar about prostitution. Fearing riots on a national scale, the Home Secretary, Sir William Harcourt, pleaded in vain with Stead to cease publication of the articles. A wide variety of reform groups held protest meetings and marched together to Hyde Park demanding that the age of consent be raised. The government was forced to propose the Criminal Law Amendment Act 1885, which raised the age of consent from thirteen to sixteen and clamped down on prostitution.[9]

        The human immune system continues to develop after puberty.[61] The age of exposure has an influence upon if the immune system can fend off infections in general, and this is also true in the case of some sexually transmitted diseases. For example, a risk factor for HPV strains causing genital warts is sexual debut at a young age;[62] if this extends to the cancer causing strains, then sexual debut at a young age would potentially also increase risk of persistence of HPV infections that cause the very HPV induced cancers that are being diagnosed in spiking numbers of relatively young people.[62]

        There is debate as to whether the gender of those involved should lead to different treatment of the sexual encounter, in law or in practice. Traditionally, age of consent laws regarding vaginal intercourse were often meant to protect the chastity of unmarried girls.[5] Many feminists and social campaigners in the 1970s have objected to the social importance of virginity, and have also attempted to change the stereotypes of female passivity and male aggression; demanding that the law protect children from exploitation regardless of their gender, rather than dealing with concerns of chastity. This has led to gender-neutral laws in many jurisdictions.[5] On the other hand, there is an opposing view which argues that the act of vaginal intercourse is an “unequal act” for males and females, due to issues such as pregnancy, increased risk of STDs,[45] and risk of physical injury if the girl is too young and not physically ready. In the US, in Michael M. v. Superior Ct.450 U.S. 464 (1981) it was ruled that the double standard of offering more legal protection to girls is valid because “the Equal Protection Clause does not mean that the physiological differences between men and women must be disregarded”.[46]

      • The need for sex in early-matured children is not the same as in adults, the concept of “mind” is of little content, since a person can be absolutely naive and hardly function in a social environment, but at the same time play chess well or solve mathematical problems, mind does not = experience and awareness, many people do not acquire with age these qualities, but the probability that a child will acquire them is even less, since adults are just grown-up children, and if someone, being an adult, remains stupid and naive, then what can we say about him when he is still a child? In order to build relationships in the intimate sphere, a person must first learn, in principle, to build any kind of relationship, children do not have such experience yet, therefore, entering into intimate relationships without having such experience, they inevitably fall into the risk zone. The child, for lack of experience, is not yet able to correctly assess the risks and responsibility of any actions, since such experience is gradually acquired, starting from harmless things to serious responsibility. The relationship of a child with an adult is not equal weight categories in terms of consciousness and moral maturity, the risk of being used and manipulated or becoming a victim of violence, abduction and exploitation of a child is significant. Sex of a child with an adult has a risk of injury due to the underdevelopment of the body, the body (it is naive and stupid to think that every adult will approach sex with a child responsibly and carefully, since such properties are not inherent in every person, unlike the desire for sex — as well as pregnancy and sexually transmitted diseases, since there is such a risk in adults, but for a child it is higher. Abortions are more dangerous for a child than for an adult, but for an adult they sometimes end traumatically or even fatally. Among other things, the child, in principle, is only learning to manage his desires, so adults make sure that children do not eat a lot of sweets, harmful but delicious food, etc. The need of children for sex is not high in principle, with a number of exceptions of early puberty, often it is only a craving for something “adult” and “forbidden”.
        Is pedophilia an orientation? And bestiality? In this case, is it worth dividing zoophilia into zoophilia as a craving for any or only specific animals, is it worth dividing zoophilia into pedozoophilia craving only for small animals (any or a specific species)? The questions themselves suggest that it is not about orientation, but about some kind of fetish. If sex disorders can still be explained by hormonal failure, etc. and a person of non-standard orientation is able to maintain a long-term relationship, then pedophilia implies only sexual interest in age, and relationships are impossible because children grow up quickly. So should we call it “orientation”?
        The period of “childhood” in principle implies that the child gradually comprehends the world around him, being carried away by various things, having a sensitive perception and an open mind to a new one, but if the child is immediately accustomed, for example, to alcohol and drugs, then a stronger stimulant will overshadow the perception of other things to which, due to sensitivity and plasticity, the nervous system and the psyche of the child are still capable, and disproportionately attract there will be something that causes stronger feelings overshadowing the interest in the gradual and multifaceted disclosure of the world and life for oneself, this has the same relation to sex, if you kindle and maintain this kind of interest in a child.
        The ability to be able to do physically does not mean that a person is mentally ready for it (for example, driving a car).
        Exceptions always occur, but they do not define the rule.
        The fact that some children have early puberty does not mean that they are ready to engage in sexual intercourse, and this is not a reason to introduce this as a kind of norm, exposing the risk that these “needs” will be imposed on other children who do not have such needs, involving them in the risk zone of sexual relations and exploitation by adults. Platonic love, in principle, does not require any “permissions” since it is a form of selfless feeling that requires practically nothing in return and does not need to involve someone in a relationship “on an equal footing” (take T. Mann’s “Death in Venice”).

      • You refer to the old days, but even there premarital sex was not welcome, girls were often married off early simply because the boy is a future “worker for the family”, and the girl is just a burden, and the sooner her parents could get rid of her, the more profitable it was for them financially. So there was nothing “reasonable” in these orders, but solid pragmatism. If a child entered into a sexual relationship and got pregnant, then it was a big problem because there were 2 “burdens” in the family, but when performing an abortion, a pregnant child could die or be injured.

  3. It’s hard to believe people are that crazy but here we are. These demons are working hard to justify their evil sickness.

    • Oh look at global history Girls were married at 12 because they were raised to be mature, not treated like infants and babies. 12 was the age of consent in almost every culture and country on earth for the entire span of human existence until basically a couple of nanoseconds ago.

  4. Many judges are pedophiles themselves and I assume this is one of those judges. I believe it was in the 90’s the news reported a list of men who belonged to NAMBLA, many were judges. A 2010 story in Forbes reported Zuckerberg belonged to that group. There are good men and women in the world and then there are those who are so criminally minded, they have no feelings for the innocent victims whose lives are destroyed. Just a suggestion for parents, do not allow your children to sleep over in other people’s homes. It isn’t just adults that can harm your child, but cousins and friends who have been abused themselves and may do the same to your child.

  5. New Zealanders, you KNOW what you need to do here. Don’t wait for your so-called ‘leaders’ to fix this: they are part of the PROBLEM. YOU and your neighbors are the SOLUTION. Fix this, if you expect to leave a future for your children.

    Fix this, and send the message that this is FOREVER UNACCEPTABLE.

    It may cost you. But some costs simply have to be PAID.

      • If you agree with this degenerate judge, you’re part of the problem. STFU. Doing what is right is what’s needed here & that means removing the evil ones & protecting our children/society.

  6. looks like I can come over to NZ and hand out candy bars in exchange for consent? Kidding me, right?
    So an adult can force himself on a 13 year old, then say “Hey she said ok before it happened” “She is lying, she gave me consent.”

    • No he can’t force himself And you know perfectly well the courts will accept the girl saying she didn’t consent almost every single time unless she’s a whore. Whether she did or not.

    • You do not at all. Your being silly. The judge does not MAKE the Law if he says that’s what’s in the law books, which is his job to do BTW, then that’s what’s in their law. Perhaps they haven’t changed it from the laws that ruled the entire planet for centuries to be in line with the new world orders agendas of dumbing the planet down.

  7. THis is HORRIFYING! Where are the Parents? How could this have happened so MANY TIMES????

    II Timothy 3:1This know also, that in the last days perilous times shall come.

    • Go and read again Virgin Mary was, most experts agree no more than 13 or 14, most likely 13 when God impregnated her with Jesus. And he had a darn hard time finding a virgin who was child bearing age too.

      • So- you are AGREEING with this in TODAYS culture???? Back then the maidens were prepared- Today they are not- AND it was a PERVERTED act on the part of the accused.. ( I know the history of Mary and her age- Joseph was a GOOD and GODLY man)

      • Experts? Those are people guessing. No one knows how old the Virgin Mary was. I always doubted she was that young as she had to be old enough and wise enough to raise the Son of God. Mary was overshadowed by the Holy Spirit. This article is about an old guy, who is a pedophile and a judge who seems to like the idea. You seem to think it is okay, which speaks volumes.

  8. … I be thinking we need to be taking a real close look at the extra curricular activities of this judge

    • Listen Pedophilia is sex with pre pubescents. Girls and boys are going into puberty earlier Not later.And the human body is smarter than you realize because your mind controlled by monsters who don’t want you to develop NATURALLY.

    • You need to learn to. Read. He stated what us in the law in New Zealand They would have had English Crown Law as a colony put into place ASAP by England and at the time 12 was the age of consent. They haven’t changed it ecause most likely the Maoris would have revolted if they tried telling them they had to wait till 14, which was the age of consent everywhere after they raised it from 12 in the 1940s and then now to 18 in America, 16 here in the 1980s or 90s.

  9. The judge and pedo both need to be executed. Odds are high that the judge is also a pedo; he’s definitely a cabal puppet. Time to permanently remove the evil ones from the earth.

  10. I feel so sorry for children nowadays. At the very early stage in their life they’re given access to media which is full of sexualization. I just look at it from the side and see their childhood fleeting away. The innocence is exchanged with violence. Paedophiles – rejoice. And the one pedo in the comments over here is happily reminiscing about the Middle Ages, where little girl’s were married at 12, but just so happens to forget that the average lifespan was 33.

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