Statutory Rape & Such...

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James G 5 said,


I will make this comment on the argument in general
Statutory rape laws exist for the same reason as seat belt laws

Yes, there are 15-17 yr old girls (and boys) who're mentally capable and emotionally mature enough to make the decision to commit to a relationship with someone older on a serious & physical/sexual level

Yes there are 23 year + old men or women who might genuinely find them attractive or fall in love with them

However MOST 15-17 year olds aren't that mature (heck, I think marriage should be illegal before age 25 for ANYONE) and most will grow & change a LOT between "now" and 30
And everyone knows people that age like to THINK they know everything, but generally grow out of it. The perceived maturity vs actual maturity, desire for rebellion, wish to feel or SEEM grown up, and general teenage angst combined with hormonal overdrive serve to render this age group susceptible to those who are out to prey on them

And a disproportionate number of men over 20 who get involved with younger girls do it because THEY are emotionally immature and unable to relate to women their age or unwilling to put the work in to it. One lady I work with had a child at 17 and another at 18 by 2 different men who're now both convicted sex offenders for sleeping with girls as young as 14 and 15 while well in to their 30's. These guys swore they always had feelings for the girls. *shrug* Most guys that age without issues WOULD choose older women. (NOTE, I am talking in generalizations here and about the MAJORITY of situations, not everyone or all situations or the people in this situation, who I do not know at all. Nor, given that my mom dated one ofher high school teachers who SHE pursued, do I feel ALL of this is guys out to exploit girls)
Additionally, a serious issue in several states (here in Florida included) in the welfare system is the number of underage girls who have children by absentee fathers. Statistcs show many of these absentees, often non-support payings ones, are over 30. This is not a minority issue but an issue across the welfare system. (Contrary to popular belief, there're a lot of non-minorities on the welfare rolls).

So what does all of this have to do with seatbelt laws?
They were passed to protect society from bearing the cost ofthe bad decisions of a group of people, those who drove without them and raised insurance costs for the rest of us
Statutory rape laws were passed to give us a mechanism protecting society at large from having young people exploited and costing society in any number of ways
They're applied selectively and often unfairly, for instance used as a club to "force" marriage
But they exist because of the bad people & bad cases, not the situations where everything is mutual and happy
So much as I love Sheath I have to disagree with changing the laws


I'm not sure what to make of this argument. James says he's giving a reason why certain laws exist. It turns out, according to J, that the reason is to 'protect society.' Well James, that reason is certainly talked about, but we also know laws come about through such things as 'moral hysteria' or witchhunting (though stated in terms of 'protecting society').

It appears, however, you're trying to say why such laws _should exist_, are good laws, etc. Youre not describing a process so much as defending it in terms of results -- alleged protection.

You're arguing from 'bad cases.' Not even a 'majority of cases' but a few 'bad ones' , is that right?

What has to be factored in, is the costs of 'paternalism', which is essentially what's being defended. How much 'intrusiveness' of the state do we want? Now I don't mind the seat belt laws, since the 'cost' to the person is low, and his being cared for by society after getting his neck broken is large and maybe lifelong.

Let's take a similar case of drunkenness or 'excessive drinking'. It certainly has its bad cases. So, on your analysis should there be a law against it? (i.e., simply drunkenness, apart from any acts presenting a danger to others, such as driving.). Imo, the intrusion problem is large, here, and the result is that many such laws are falling. (e.g., 'public drunkenness').

James stresses the harm suffered by certain underage girls who end up in the welfare system because of sex with 30 year olds.
I know of that, since it happened in my family. Yet the law didn't stop it, and it wasn't prosecuted. The girl was mixed up, her parents were divorcing, etc. So your favored law is often inneffective and beside the point, in addressing the welfare problem

In fact, a sensible approach to teen age pregnancy and motherhood (fatherhood, sometimes) is to educate and empower the teen age girls as in Holland or Sweden. Get them condoms and further teach a 'level headed' and realistic approach to sex (i.e., assume it's likely to occur).

So I conclude, James, *even if it's admitted there are sometimes bad consequences* that is far short of showing that a criminal- law approach is a good one. In fact, I'll bet Florida has such a law, and has a pretty high rate of teen moms in the welfare system. So where has it gotten the Floridians, in terms of 'protecting society' (from costs). This is quite different from seat belt laws, which have proven effectiveness.

In general, the approach of preparing midteens, and empowering them should, imo, be the first recourse. They should also be sheltered from economic hardship, which contributes to 'socially harmful' forms of sex. The 'criminal law' approach--wielded against adults who 'take advantage'--, as in the 'internet crime laws' being proposed, is neither good nor effective.

J.
 
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Pure said:
Based on the quotes from the Wisconsin site,

I just had to know: What the f*** is sexual intercourse??


Legislative Council Note, 1981: Presently, [in sub. (5) (a)] the definition of "sexual intercourse" in the sexual assault statute includes any intrusion of any part of a person's body or of any object into the genital or anal opening of another person. This proposal clarifies that the intrusion of the body part or object may be caused by the direct act of the offender (defendant) or may occur as a result of an act by the victim which is done in compliance with instructions of the offender (defendant). [Bill 630-S]


If a guy or gal fingerf**** a date, there is 'sexual intercourse'-- in Wisconsin, at least!!

It follows that, with a minor, as far as *sexual intercourse* goes, if the man (adult) hold very still, and issues no instructions, and the young woman climbs on (mounts), there is no sexual intercourse!

Oh, and it's stated elsewhere that the above is *broadened* to include fellatio or cunnilingus.!

The definition of 'sexual contact' is also relevant, since the sexual assault law is based on 'sexual contact' OR 'sexual intercourse' -- i.e., doing one or the other in the absence of consent, or to someone who legally can't consent.




Seems to me that some Wisconsin lawmakers need a good fuck or two. Then perhaps they could release all that tension and think clearly enough to enact a law that makes sense.

:rolleyes:

S.
 
Pure said:
It follows that, with a minor, as far as *sexual intercourse* goes, if the man (adult) hold very still, and issues no instructions, and the young woman climbs on (mounts), there is no sexual intercourse! [/B]


Hmm... I wonder if that way of 'lovemaking' would get old after a while, lol. Interesting post though... the Wisconsin laws continue to baffle me. :confused:
 
Okay, I've been following this thread and am sad to see it has progressed to such a level. Ah, such is Lit.

Just for the record, I don't understand Tania's defensiveness towards her position. Not that I need to, either. If she is content and happy with where she is at, why give a rat's ass what anyone has to say? Especially people who do not even know you on a porn board. Tania, you are a mature young woman - acting/getting defensive because people question the older man/younger woman thing doesn't seem very mature to me. Just let it go. You is who you is. That's good enough for me.

Pure, I work very closely with the welfare department for a southern county in California. And James is correct - most of our young girls on welfare are not minorites. Most have gone to school where they have received the "new" sex education that tells them all about safer sex and how not to get pregnant. They practiced putting condoms on bananas. They've had birth control available to them - for free - for years. (Heck, birth control was free when I was a teenager and that was more years than I care to think back on!) Yet, they still get pregnant. And the "fathers" are long gone before these girls hit the labor room. Why? Because it is the only way of life they know. Many of them were raised on welfare. Their mothers were raised on welfare. The answer? Welfare simply does not work - and it never has.

A while ago Wisconsin instituted a program that demanded people on welfare work before receiving their welfare payments. It was a fledgling program, and I don't even know if it is still in existance, but I do know that people were leaving the state rather than perform the labor the state provided. So much for providing work.

In California, we are now initiating a program that will cut off an adult's portion of welfare after 5 years. In that 5 years they are expected to either get a job or go to school/training to get a job. (Welfare payments for kids will continue, though be decreased.) The counties are trying to gear up for what may happen when these people are cut off and have not sought employment and/or training. Many of these people have made a living out of welfare. They firmly believe the state "owes" them the money.

It would seem to me that, at least over the past 20 - 25 years, educating young people in sex and providing training for jobs has done very little. People have to take responsibility for themselves and not blame or expect society to do it for them.

As to the whole satutory rape thing. Yes, it is a protection for those who are the most vulnerable in our society. Should every person who is under 18 engaging in a sexual relationship who is in their 20s, 30s, or beyond be prosecuted? Absolutely not! And it isn't done that much at all. Look at your county or state statistics. It's just not worth a prosecutor's time and effort, unless the case is extenuating.

However, if the law were changed, what should it be? At what age is sex too young? At what age is a person too "old" to be engaging sexually with that "too young" person? No matter how far up or how low in age you go, there will be people who say it is unfair, not right, not all people are being considered, etc. Of course, we could just do away with all dividing lines completely. Let any person of any age engage in any physical activity with another person of any age. Why not? As long as they both feel good, or are attempting to, what's the problem? And yeah, that means doing away with pedophilia. After all, there is a whole movement of people who that is unfair as well.




**And for those who do not know me, the sarcasm ends here.**
 
SexyChele said:
Okay, I've been following this thread and am sad to see it has progressed to such a level. Ah, such is Lit.

Just for the record, I don't understand Tania's defensiveness towards her position. Not that I need to, either. If she is content and happy with where she is at, why give a rat's ass what anyone has to say? Especially people who do not even know you on a porn board. Tania, you are a mature young woman - acting/getting defensive because people question the older man/younger woman thing doesn't seem very mature to me. Just let it go. You is who you is. That's good enough for me.


...If this threads progression is upsetting you then why are you contributing to it :confused:. And I wouldn't say it has really progressed much at all myself ((shrugs)). I asked a couple legal questions and they have been answered. Thank you everyone.

Tania wasn't ever really defensive about the older man/younger woman scenario - she got defensive when an issue about her personal growth was brought up. Before that she was trying to explain to people the type of relationship that they were putting down. And she is currently having problems in her relationship that directly relate to the fact that she is so young so that may be why she also seems defensive. In response to your "Just let it go" statement... she did... notice she hasn't been replying at all on this thread as of late.
 
SexyChele said:

It would seem to me that, at least over the past 20 - 25 years, educating young people in sex and providing training for jobs has done very little. People have to take responsibility for themselves and not blame or expect society to do it for them.

....

However, if the law were changed, what should it be? At what age is sex too young? At what age is a person too "old" to be engaging sexually with that "too young" person? No matter how far up or how low in age you go, there will be people who say it is unfair, not right, not all people are being considered, etc. [/I]

I think the reason Sex-Education seems to fail is the curriculim and not the philosophy -- every Sex-Ed curriculim I've seen concetrtes on the mechanics without giving any (or very little) attention to the emotional and psychological aspects of sexual relationships.

I question whether Sex-Ed is actually failing or not though -- it obviously fails those who you come in contact with in an official capacity, but how many has it kept out of your clutches?

I think statutory rape/consent laws should be framed in terms of physical development, mental capacity and coercion or abuse of power.

i.e. Thou shalt not have sex with any person who is not post-pubescent, is mentally incapable of rational, informed choice in the matter, and shall not coerce, intimidate or force consent to sexual relations.

That's all that is required and could replace both age of consent and rape statutes with a slightly different wording.
 
I dont know why someone would get so upset over what someone writes on a porn site board.

AS for trauma in your teen years...

I know many MANY females who were raped, beaten abused, molested...you name it...when they were younger, forcing them to accept things and mature just a little faster. It isnt an anomaly anymore...it is life. It is the majority instead of the minority. Most of us seemed to get through it retaining just a bite size bit of our childhood so we could still let loose and have fun....what is so immature about that? Why does having a relationship with someone 8 years older than you deem you more mature?


Harold...

It has nothing to do with your look on your daughters sexual freedom and how you supported that. I am thinking of the more emotional aspects of what having a relationship with a person much older than you entails. Like James mentioned...most guys who are in their 20s and get involved with young girls are emotionally immature themselves. It isnt about sex..I wouldnt want my child used and pulled around emotionally by some large child. Trauma may make you grow up a little faster but life experience is priceless.

THAT is what I was taught when I was growing up. Sex isnt always the big thing. Your heart plays a huge role in it too...and you better be careful who you give it to, esp when your young. Lord knows what is going to happen to it.
 
lovechild27...

"I dont know why someone would get so upset over what someone writes on a porn site board."
Who is upset? You seem to be more tensed out than anyone else...

"Why does having a relationship with someone 8 years older than you deem you more mature?"
No one said that it did...

I asked for legal advice and requested that this not be turned into a huge moral conflict... it's a free country and all and big deal but *you* helped to start a conflict on this post. The first reply you submitted on this thread was titled, "dating a kid in highschool when you're an adult is wrong". So, people like Tania who have an older boyfriend that they met in high school would take a bit of offense and see that as you saying "your relationship is wrong". You passed judgment the second you replied to this... and that wasn't what this thread was about.

Then you ask questions about how the parents could be okay with this and further argue after Weird Harold and Tania give you examples. What do you want from everyone here? I don't understand why it seems like you want someone to argue with you.

You believe that the age difference is an awful thing and you don't understand it. I respect your opinion and I understand.
 
Uhh...actually...I posted after quite a few others had said something that was similar...I didnt read this post until PLENTY of others had their say.

Again...I was just asking a question and posing one as well.

If you cant deal with the fact that someone else out there may think differently than you then dont ask questions. You may of asked for legal advice, but this is a touchy subject which would stir up some sort of controversy in any group. Again...if you cant deal with someone asking questions or not agreeing with you...then dont ask in the first place. there are a hundred other places that you could of gone to to get info on this matter. Maybe if you opened up your pee brained mind...you would see that although I dont readily agree with it...I am trying to understand it.

Too fuckin bad you arent deep enough to get that Milo.
 
lovechild27 said:
Harold...

It has nothing to do with your look on your daughters sexual freedom and how you supported that.

You completely missed my point. I was NOT "supporting my daughter's sexual freedom."

"Sexual Freedom" is only a very small part of what I was supporting.

I spent many years teaching my daughters to deal with LIFE -- emotional entanglements, peer pressure, and yes, sexual situations too.

I considered it totally unrealistic to expend that much effort to raise a daughter capable of making rational decisions and then not let her exercise that capability.

The fact that I was "all right" with whatever decisons my daughter made about friends and lovers was a reflection of my TRUST that she was capable of making the "right" decision.

I learned years ago that attempting ironclad control over someone only breeds rebellion and dumb decisions made simply because they were forbidden.
 
lovechild27

"Uhh...actually...I posted after quite a few others had said something that was similar...I didnt read this post until PLENTY of others had their say."
And... what does that have to do with anything?

"Again...I was just asking a question and posing one as well."
Again, your questions were nicely answered... I don't understand what your complaint is with the way you've been treated?

"If you cant deal with the fact that someone else out there may think differently than you then dont ask questions."
To quote myself from my last reply to you: I respect your opinion and I understand.

"Maybe if you opened up your pee brained mind...you would see that although I dont readily agree with it...I am trying to understand it."
You aren't trying to understand... you've just been defensive and really rather snotty. People try to explain their point of view to you so that you understand and you start making up issues that didn't even previously exist. Such as this question you asked, "Why does having a relationship with someone 8 years older than you deem you more mature?" No one ever said that... no one ever said any of the things that you are getting so tensed out over. You read into things with your own assumptions and then get defensive over them.

"Too fuckin bad you arent deep enough to get that Milo."
No, I'm not a deep person. I wear my emotions out on my sleeve and try not to judge or hurt anyone. And I fail to see what you think you will gain from insulting me and trying to pick fights. I'm not going to respond to you anymore, lovechild... you don't listen to anyone else's points anyhow.
 
I do not think anyone has offered this suggestion before.

It seems from the thread that a number of federal states in the United States of America have a different view of the age of consent. Is it possible for the star crossed lovers to relocate briefly until they are legal in Wisconsin? And then return should they so wish?

In a number of established European states the age of consent for females AND males is 16, and the age of majority 18. In some countries in the East or Asia consent is at 13 or lower, and it some countries the issue does not arise at all. People determined to live according to their own precepts always have options, although the overall price may be considerable to the future of their lifestyles.

Marriage is always an option, and the United States by international treaty is required to recognize the validity of foreign marriages. Even if such marriages would be illegal if contracted in the United States.

An age gap of 8 years MAY be apparent when one is 16. But who would dare to comment to a 55 year old man that he is a baby snatcher because his wife of 33 years is 8 years younger than himself?

And I do not think Weird Harold is an Opinionated Old Fart. I think he is a retired lawyer (or judge).
 
Hi there, Cloacamaximus :). The problem is that the girl cannot move to a different state right now... she is involved in too many programs and her future is in Wisconsin. Plus, her parents are not prepared to move to a different state and they're a pretty close family, they try to all stick together. She and my cousin are probably going to try to get married soon just to avoid any legal repercussions that may arise... That seems to be the only way to make sure they can safely be together without any fears.

As for Weird Harold... he's amazingly informative... I'm still rather in awe of his knowledge, lol.
 
Cloacamaximus said:
I do not think anyone has offered this suggestion before.

It seems from the thread that a number of federal states in the United States of America have a different view of the age of consent. Is it possible for the star crossed lovers to relocate briefly until they are legal in Wisconsin? And then return should they so wish?
...

And I do not think Weird Harold is an Opinionated Old Fart. I think he is a retired lawyer (or judge).

Actually, I did address this option in my first post.

Due to some incredibly prudish laws on the Federal books in the US, notably the Mann act, leaving Wisconsin for another jurisdiction is a Federal Crime in and of itself -- whether they're ever charged with a crime in Wisconsin or not.

I also explicitly disclaimed any legal expertise in my first post -- my points are my only opinions and since I actually an an Old Fart -- well, you get the picture.

FWIW, I am retired, but from the 21 years in the USAF as an electronics technician, not the legal profession.
 
sheath said:
Seems to me that some Wisconsin lawmakers need a good fuck or two. Then perhaps they could release all that tension and think clearly enough to enact a law that makes sense.

:rolleyes:

S.

Alas, other states aren't always any better....check out the laws in other states -- you'd be surprised!!!
 
Looks like the Mann Act represents a ball and chain for every US citizen.

No doubt if it were properly enforced, thousands of unmarried tourist couples from Europe would be imprisoned in the US each year.

Seems that after all there is only one answer, unless you are ready for a test case.
 
SexyGiggles said:
Alas, other states aren't always any better....check out the laws in other states -- you'd be surprised!!!

I'm AFRAID to check out the laws in other states! *sad shiver*

S.
 
Cloacamaximus said:
Looks like the Mann Act represents a ball and chain for every US citizen.

No doubt if it were properly enforced, thousands of unmarried tourist couples from Europe would be imprisoned in the US each year.

The Mann Act is one of far too many laws in the US (local and federal) that was passed with the intent to be selectively enforced! (I think it was aimed at an interstate prostitution ring.)

I don't recall the specific target of the Mann Act, but it was passed because they couldn't prove any other federal crimes against "Organised Crime" so they passed a law that only required proving that a state line had been crossed and "immoral activity" took place.
 
MiloDRemix said:
The girl is more mature than any girl I have ever had the pleasure of talking to and more level headed and in tune with reality than anyone I have ever met, which is why she doesn't get along with people her own age who she finds too immature to be around.


Yawnnnnn......that's how ALL older guys who hit on UNDERAGE GIRLS rationalize/justify their actions!

-X-:rose:

P.S. BTW - I have yet to meet a 16 year old who DOESN'T think they know what love is!
 
Xcitra said:
Yawnnnnn......that's how ALL older guys who hit on UNDERAGE GIRLS rationalize/justify their actions!
-X-:rose:
P.S. BTW - I have yet to meet a 16 year old who DOESN'T think they know what love is!


:rolleyes: First of all, Milo isn't dating or hitting on an underage girl... he was offering his opinion on the girl that his relative is dating. Also, the only thing my older boyfriend used to justify his actions when we started dating at the time I was fifteen was, "I love her." Sooo... your general assessment of the situation is slightly off.

Oh, and I'm still as in love with him now as I was when I was fifteen. I have many friends who are married to the guys they met when they were 14-16 who would say the same thing.
 
Tania_Rides said:
Oh, and I'm still as in love with him now as I was when I was fifteen. I have many friends who are married to the guys they met when they were 14-16 who would say the same thing.

Most of them will be over it (statistically speaking) by 25 or 30 :D
The younger one of the parties/both of the parties is affects statistics for marriage duration & breakup
2 people meet in HS or while one is in HS and get married soon after school (18 or so) and most are fivorced by 25, 30 at the otuside
Usual reason: "GROWN apart" :D
 
James G 5 said:
Most of them will be over it (statistically speaking) by 25 or 30 :D
The younger one of the parties/both of the parties is affects statistics for marriage duration & breakup
2 people meet in HS or while one is in HS and get married soon after school (18 or so) and most are fivorced by 25, 30 at the otuside
Usual reason: "GROWN apart" :D



The thought of waking up sometime between twenty-five and thirty and realizing suddenly, "Hey... I don't love Chris and our relationship isn't working..." sounds rather like bullshit to me. ::shrugs:: But I never was one for following statistics. Coming from a smaller rural town, most of the people there met at 5 and married by 16 and are still blissfully together in their 30's, 40's, 50's, on to sweet death... I grew up around more positive 'statistics' I guess. But I don't know how I got trapped into this hell of a thread again, lol, Milo save me!
 
Tania_Rides said:
But I don't know how I got trapped into this hell of a thread again, lol, Milo save me!

LOL! ::picks Tania up and drags her tiny angry body from the thread:: Stay out, love, it's for the best. You just end up angry and wanting to kill everyone for not understanding your lifestyle... it's best if you distance yourself from all of it, lol.

Poor angel... no one understands that you loved being statutory raped... ^_^
 
all I can do is extend my experiences

and share my opinions...

I met my husband of 10 years when I was 16 and he was 18. Not as enormous an age difference as the 8 years in question here, but legally still an issue at the time of our relationship. Given that he was legally an adult and I a minor there were serious consequences to be had if my parents had decided to disagree with our relationship, however because the age difference was so small nobody ever really hd much to say other then a few jokes of " ten'll get ya 20!" from his friends.
There were never any probs due to our age diff. until we began having sex. He was 19 I was 17. My parents were aware and they had no issues with it however my husbands 1st Sgt pulled him aside one day and explained very pointedly to him that should there even be suspicion on the base that he was engaging in sex with an underage minor he would be summarily drummed out of the Army post haste!! When my husband explained that my family was aware of our relationship and that there was no need to fear an angry parent throwing statutory rape charges the 1st Sgt told him that he didn't care what my parents thought that HE would try him for it himself. It was my only experience in having to deal with these laws and our response was to cool off sexually until I hit my 18th b-day a few months later. It wasn't enjoyable, but it was what had to be done to legally protect the man I loved. I know that if they feel they are in love and committed to each other abstaining will seem unfair and unreasonable, but it is the only gauranteed protection for the young man in question that I can think of other then marriage.

On the flip side my younger brother's relationship with an " underage" minor has bought him jail time. He was involved in a realtionship with a young woman who was 17 when he was 20. They went on a romantic trip to a little B&B in IN to be together since her father refused to allow them to be together in his home. The girl did not tell her father and when he sent the cops looking for her they arrested my brother. She refused to testify against him and as such we all thought the statutory charge would be dropped since the state had a hostile witness on its hands however the prosecuting attorney instead charged my brother with unlawful transportation of a minor across state lines for the express purpouse of illegal sexual activity" It bought him a year in jail and we are still wrangling with if he will have to register as a sex offender or not. There are consequence to be had. It is up to the couple in question to decide if they are prepared to handle those consequences.
As for you Mr. James, I do love 90% of what you say and you always seem to present your arguements well, however I would like to offer myself up as an opposition to your opinion on young marriages. True many of them do not work, but I met my husband while still in high school. We were HS sweethearts and he was my first sexual experience and 15 years later- 10 of them in marriage- we're still together. Rather then outgrowing each other we've actually grown with each other. We married when I was 19 and he was 21. We had our first child when he was 22 and I was 20 and 2-soon to be 3- children and 10 years of marriage later we're still hanging in there, not without an ass load of work, but still there.
I know you weren't speaking in blanket generalities and saying ALL young marriages are doomed to failure, but I just thought I'd show you that sometimes they do manage to work.
 
Re: all I can do is extend my experiences

Mstrskey said:
I know you weren't speaking in blanket generalities and saying ALL young marriages are doomed to failure, but I just thought I'd show you that sometimes they do manage to work.

Most states have some sort of exemption on the book for "close ages"
Florida has a scale where a 19 y/o can be with a 17-18 but not 15 etc etc
I have much less of an issue with a 18/16 than a 21+/16 *shrug*
Just the way I feel

And I was speaking in generalizations......but given the difference in growth/maturity rates the 2 who're closer to the same age who ARE in a position to grow more equally (ugh, grammar hell) are likely to do better
best of luck to you :D
Mebbe you can be one of the exceptions people like to batter me over the head with ;)
 
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