FL teen "sex criminal" for consensual relationship

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Cyanide
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22 May 2013, 11:54 pm

What's funny is if the 18 year old was male (gay or straight), people would be calling to lock him up. Since she's a lesbian, however, it's a "gay rights issue" or something... People are such hypocrites.



eric76
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23 May 2013, 12:58 am

eric76 wrote:
blunnet wrote:
CSBurks wrote:
But I think Fnord is right about if they were male, people would have the opposite opinion.

If it were a heterosexual couple, and the older one was the male, yes, pretty much, but I think it would be different if both were male.

League_Girl wrote:
My bet is parents were never okay with their daughter being gay so they waited until her partner turned eighteen for them to do anything about it. They played the law.

That is most likely the case. If so, the parents are, not only imbeciles for thinking they can control their daughter's sexual orientation by denying, they also would be evil.


That she is 18 is completely immaterial. What is material under Florida law is that the younger is under 16. It was just as illegal at the age of 17 as it is at 18.


While it is just as illegal at either age, the penalties go up between the age of 17 and 18. At 17, it would have been a third degree felony while at 18, it becomes a second degree felony.

The exact penalty is a bit fuzzy. I've found two different sets of guidelines.

According the statutes I found, the sentence for a second degree felony is ten to thirty years in Florida, while for a third degree felony, the sentence is five to ten years.

In the other source, the maximum sentences are fifteen years for a second degree felony and five years for a third degree felony.



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23 May 2013, 1:41 am

Jono wrote:
cyberdad wrote:
MCalavera wrote:
Such a silly condition for 16 year olds to have sex.

Indeed, I'm a little old fashioned in thinking they should wait till marriage, but I suspect raging hormones and freedom to party will mean virginity and saving oneself is a rare thing to find.


I don't necessarily believe in saving oneself for marriage but I would prefer it to be in the context of a committed relationship.

Well yes, that's the next best thing.



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23 May 2013, 1:42 am

Spiderpig wrote:
MCalavera wrote:
Such a silly condition for 16 year olds to have sex.


Remarkably similar to “16-year-olds can have sex as long as nobody can stop them”.

cyberdad wrote:
If teenagers are going t have sex anyway,


Not really. They’re only going to have it if they can.

cyberdad wrote:
Indeed, I'm a little old fashioned in thinking they should wait till marriage,


The concept of waiting till marriage is ancient and comes from a time when people married much younger than they do today, so there wasn’t such a huge gap between their bodies becoming sexually mature and they finally being allowed to satisfy their urges. Besides, a woman wasn’t a free citizen, like she is today, but always depended on a man, so she was treated like merchandise, and her hymen was her security seal. This doesn’t make sense anymore. There’s a reason why male virginity was never prized nearly so much—more often than not, it was and still is an object of scorn.

Keeping some ancestral rules while the surrounding social circumstances change is bound to create an ever more strained scenario, where most people will sooner or later break the rules, except for the few individuals who can’t.

cyberdad wrote:
but I suspect raging hormones and freedom to party will mean virginity and saving oneself is a rare thing to find.


So don’t let them party with anyone of the opposite sex (unless they’re bi- or homosexual, of course)—problem solved!


LOL! all good points :)



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23 May 2013, 7:56 am

Spiderpig wrote:
The_Walrus wrote:
And how do you intend on stopping them?


I don’t, but this is beside the point. I’m talking about people who apparently would like to stop them, but act as if it were impossible.

The_Walrus wrote:
If you tell someone they can't go to boy-girl parties, but they want to, then they'll say their friend's party is single-sex even though it isn't,


So you don’t let them party unless you’re going to be present. Don’t let them go anywhere but in controlled environments where they’d never meet a potential sexual partner, or as much as a potential boyfriend or girlfriend. If you don’t have much time for overseeing them, that’s all the more a reason for not letting them party very often. This will also make it less likely for other youngsters to want anything to do with them, because they’d get fed up of seeing them so seldom outside school.

The_Walrus wrote:
or sneak out of the house.


Guard it well and punish them effectively if they manage to break your rules. You can also keep them busy with housework, so, between it and studying, they don’t have much time for anything else, let alone if they’d have to fight you first.

This works even better if you manage to make them aware at an early age that education is in their own best interest, and then start taking big chunks of their time with random chores, so they struggle to meet deadlines with their homework and preparing exams in time. Make them feel like they can’t have their own plans, because they don’t know in advance how much time you’ll be taking from them, and they’ll be afraid of doing anything other than study or obey you, because that’d hurt their grades, and, remember, they’ve already given up any other personal goals in life. I can attest from firsthand experience that this works like a charm.

You could also warn them that if they attempt to have sex, you’ll deny them any education other than the legal bare minimum, so they reach adulthood having no useful skills whatsoever to make a living, and immediately kick them out when they turn 18. Oh, and no going out anymore, either, so they don’t develop many social skills and thus they’re even more dependent on you.

The_Walrus wrote:
Short of making sex a criminal offence (a stupid idea, for obvious reasons- no good would come and prisons would be overcrowded)


There are countries where sex outside marriage is always illegal (no need for an age of consent!), and I’m not sure they have overcrowded prisons. But this is a matter of the state meddling with private affairs. Parents can decide for themselves what to do about this.

The_Walrus wrote:
you wouldn't be able to stop teenagers having sex.


Of course you would. There are simply so many things parents can do, I think it’s pretty much the other way round: if they have sex, it’s because you’ve helped them have it.

The_Walrus wrote:
To be honest, I don't even see why you'd want to?


I wouldn’t. I don’t think preventing them from having sex is about doing them any good, but about satisfying a primal tendency to repress sexually those who depend on you. In the wild, being sexually mature used to mean you’re also ready to fend for yourself completely on your own. It’s also natural for alpha males of many species not to let lesser males approach the females. So those who want to keep their children sexually repressed for as long as possible should be consistent and not hesitate to be indeed repressive, especially in a society where they have more power than ever to do so, despite all the modern ideas about sexual freedom, because it used to be easier to stop depending on your parents at an earlier age.

Okay, when I say "you", I mean often mean "one".

Have I missed some subtlety to your argument? You don't actually think people should stop their children having sex, but are simply arguing that they can? If so, I would argue that the measures you propose are draconian, damaging to the child (not allowing them to develop social skills, going against their desire for socialisation, removing their freedom), and will damage the relationship with the parent (causing them to resent you). As such, it is impossible to stop teenagers from having sex without ruining their lives.
Quote:

The_Walrus wrote:
The United States has some of the most conservative attitudes towards sex in the Western world, and the highest teenage pregnancy rate in the developed world. Contrast it with a nation like the Netherlands, where the age of consent is 13 but most people don't actually have sex until much later and teenage pregnancy is very low.


How much later? Do you agree with the “put it off as long as possible” view after all?

I think people should avoid having sex until they're ready to have it, and society should educate children about things they haven't considered (I think there's a trend towards viewing sex as a purely physical thing and disregarding the emotional impact I am assured that it has). But I don't think there's any point outright stopping people from having consenting sexual relationships. Similarly, I am of the opinion that people shouldn't take cannabis, or drink large amounts of alcohol, but I don't think we should be making it illegal, or following people around to make sure they don't do it.



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23 May 2013, 5:25 pm

Fnord wrote:
A sexual predator deserves no better treatment than a prison sentence and a lifetime as a registered sex offender. An 18-year old is an adult; a 15-year old is a child. Sex between them - consensual or not - is a crime. Deal with it!

If the offender were a man, and the victim were a girl, then you can bet that WP would be in an uproar in every forum. There should be no special favor given to a predator just because she's a woman - she deserves the same treatment given to a man who commits the same crime.


Fnord, I am surprised to see this from you. Do you really think this young woman- in a consensual relationship with a slightly younger woman- is a sex offender? A "predator", who should have her name dragged through the mud for the rest of her life every time she tries to get work after her prison sentence is up?

I know I would not be in an uproar, and I think it an exaggeration to assume the entire forum would be. There is barely any difference in their ages. It is not uncommon at all for 15-16 year olds to date 18 year olds. It actually seems girls in the former age group prefer partners in the 18-20 age range (physical and mental maturity, car, money...). Additionally you should consider that statutory rape laws are different depending upon location. For example, many states have laws based around age differentials. Depending on the difference in age between the two parties, if it is below a certain threshold, it is not considered statutory rape. I believe you live in Washington State (correct me if I am wrong), where to prosecute someone for having intercourse with someone between the ages of 14 and 16, they must be at least 4 years older. Check out this link I dug up as a reference if you want to read more: http://aspe.hhs.gov/hsp/08/sr/statelaws/summary.shtml


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23 May 2013, 5:49 pm

Fnord wrote:
A sexual predator deserves no better treatment than a prison sentence and a lifetime as a registered sex offender. An 18-year old is an adult; a 15-year old is a child. Sex between them - consensual or not - is a crime. Deal with it!

If the offender were a man, and the victim were a girl, then you can bet that WP would be in an uproar in every forum. There should be no special favor given to a predator just because she's a woman - she deserves the same treatment given to a man who commits the same crime.


Three year gap is not a big deal (assuming there are no other issues). I've always been a fan of the Canadian system, that has exceptions to the age of consent for couple within a certain age range (five years if the younger is 14+).


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23 May 2013, 8:50 pm

Cyanide wrote:
What's funny is if the 18 year old was male (gay or straight), people would be calling to lock him up. Since she's a lesbian, however, it's a "gay rights issue" or something... People are such hypocrites.


and a statuory "rape",

I think statuory rape laws are stupid. If there is consent and they're sober, it isn't rape anymore. But because an 18 y/o who happens to be lesbian had sexual acts with a 15 y/o girl, she's headed for the big house.

Like OP said: "land of the free". I could see where you're coming from.


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23 May 2013, 9:20 pm

Sylkat wrote:
I guess I was not clear on my main point.

Kaitlyn's parents knew that her relationship, once she turned eighteen, and knowing that they were having 'consensual sex', could lead to legal action by the parents who were already doing everything that they could to force termination of the relationship.

They knowingly allowed things to continue, knowing that these people were going to do ANYTHING to stop this.

If Kaitlyn were a boy, ...



That's where the problem is. If Kaitlyn were a boy this would not have been an issue for her parents. The parents of the younger girl are maliciously ruining the older girl's life just because they cannot accept their daughter is lesbian. That's IT.

And that is why any judge would throw away this case in a split second.

The law does stipulate that there can be a few years separation between 18 and a minor if they were in a relationship before the 18yr old turned 18. The problem is that the younger girl is barely a few month UNDER that age gap.

Its a silly situation where the older girl just turns 18 and a few months later the younger one would be of an age the law allows such relationship to be... but the homophobic parents of the younger one jumped on the chance to take legal action.

The sad thing is, because of that month or two gap, the parents are able to sue this 18yr old and devastate her life with a sexual predator label on her record. It's disgusting.



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23 May 2013, 10:49 pm

You seem confused. The parents reported a crime and the state has investigated and filed criminal charges. If convicted of those criminal charges, the 18 year old could be labeled as a sexual predator and she could spend several years in a state prison. If they had charged her when she was 17 years old, she could have faced a prison sentence as well. The difference between her turning 17 and 18 was not about it becoming a crime but about it becoming a second degree felony instead of a third degree felony.

The law about the difference in age would have applied if the younger girl was at least 16 years old. She was, however, 15 years old and cannot legally consent to sex.



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23 May 2013, 11:41 pm

eric76 wrote:
The law about the difference in age would have applied if the younger girl was at least 16 years old. She was, however, 15 years old and cannot legally consent to sex.


Thats why I said the younger girl was but a couple months shy of being within the legal age gap. The state is forced to continue based on a technicality and the homophobic parents knew it. They're doing it just because they don't accept the daughter is lesbian..if it was a guy they wouldn't be doing this.



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24 May 2013, 12:15 am

Dantac wrote:
eric76 wrote:
The law about the difference in age would have applied if the younger girl was at least 16 years old. She was, however, 15 years old and cannot legally consent to sex.


Thats why I said the younger girl was but a couple months shy of being within the legal age gap. The state is forced to continue based on a technicality and the homophobic parents knew it. They're doing it just because they don't accept the daughter is lesbian..if it was a guy they wouldn't be doing this.


You are making some rather tall assumptions. Or are you a mind reader?

Where does it say that they are homophobic? Where does it say that it would have been okay if it had been a male?

If it were me, I'd have gone to the police in either case.



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24 May 2013, 12:23 am

Dantac wrote:
Sylkat wrote:
I guess I was not clear on my main point.

Kaitlyn's parents knew that her relationship, once she turned eighteen, and knowing that they were having 'consensual sex', could lead to legal action by the parents who were already doing everything that they could to force termination of the relationship.

They knowingly allowed things to continue, knowing that these people were going to do ANYTHING to stop this.

If Kaitlyn were a boy, ...



That's where the problem is. If Kaitlyn were a boy this would not have been an issue for her parents. The parents of the younger girl are maliciously ruining the older girl's life just because they cannot accept their daughter is lesbian. That's IT.

And that is why any judge would throw away this case in a split second.

The law does stipulate that there can be a few years separation between 18 and a minor if they were in a relationship before the 18yr old turned 18. The problem is that the younger girl is barely a few month UNDER that age gap.

Its a silly situation where the older girl just turns 18 and a few months later the younger one would be of an age the law allows such relationship to be... but the homophobic parents of the younger one jumped on the chance to take legal action.

The sad thing is, because of that month or two gap, the parents are able to sue this 18yr old and devastate her life with a sexual predator label on her record. It's disgusting.


Maybe we should go back and read the article. I hadn't read the article posted here but saw a much briefer article elsewhere that didn't go into any detail at all, so I have been accepting the claims I've seen here as being accurate.

It turns out that they aren't accurate at all.

According to the article, they had been dating for two months. When they began dating, the older girl was ALREADY 18, but the younger was 14.

There have been claims made here that the parents waited until the older girl turned 18. So those claims are nothing but false.

As for the claims that it is about homophobia, read the article:
Quote:
According to an arrest affidavit obtained by CBS affiliate WTSP, the girls began dating in November 2012, when Kaitlyn Hunt was 18 and the other girl was 14. In a news conference Monday, Indian River County Sheriff Deryl Loar said that age difference, not sexual orientation, determined prosecution of the high school senior.

"If this was an 18-year-old male and that was a 14-year-old girl, it would have been prosecuted the same way," Loar said.



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24 May 2013, 12:39 am

Shatbat wrote:
To give more context:

Quote:
(4) LEWD OR LASCIVIOUS BATTERY.—A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age;

(...)

commits lewd or lascivious battery, a felony of the second degree
(...)
(5) LEWD OR LASCIVIOUS MOLESTATION.—
(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)
1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


Apparently, while she was under 18 years old she was still committing a third-degree felony, as of 5.d, and when she turned 18 it became a second-degree felony, according to 5.c.2 and to 4.a. So legally she is indeed in a bad position.

But had this happened in Texas, there would have been nothing wrong in this. In my humble opinion, those Florida laws need revising. And Fnord, had this happened in Texas, where it is legal, what would be your thoughts about the issue?

A lot of states (not sure which) have 'Romeo and Juliet' laws that decriminalize sex with a minor as long as the elder party is less than 3 years, or less than 5 years (or whatever) older. That seems reasonable to me. If one kid is 16 and the other is 15, who is violating whom? Who is doing something illegal? The point about statutory rape laws is to keep adults from having sex with children, not to keep children from having sex with each other.



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24 May 2013, 3:11 am

Sylkat wrote:
I guess I was not clear on my main point.

Kaitlyn's parents knew that her relationship, once she turned eighteen, and knowing that they were having 'consensual sex', could lead to legal action by the parents who were already doing everything that they could to force termination of the relationship.

They knowingly allowed things to continue, knowing that these people were going to do ANYTHING to stop this.

If Kaitlyn were a boy, maybe they would have sent him to military school until the girl turned eighteen...I don't know, but my analogy to pot smoking was this; whether or not a parent agrees with a law, if they know that their child is knowingly, repeatedly breaking that law, AND they do nothing, that kid can be arrested.

The point was made regarding the creation of a 'Romeo and Juliet' law....were Kaitlyn's parents taking steps to make this happen?

Had they had a sit-down talk with their daughter's girlfriend, and strongly suggested that she might take steps to become an emancipated minor, therefore free to move in to their home, if they are that supportive of the relationship?

If your kid is tap-dancing on the highway, you do not wait until you see a car coming to try to get them off of the road!


Sylkat


As I understand it, under Florida law a minor must be at least 16 years old to become emancipated. If she was 16, then it wouldn't have been necessary. In addition, to become emancipated, the minor would have to show that they were self sufficient and that it is definitely in the best interests of the minor. Also, the girl's parents would normally need to sign the petition.

In Florida, a minor under the age of 16 CANNOT consent to sex. There is no such thing as consensual sex with a minor under 16 in Florida. Not only can the minor not consent to sex, nobody else, including the parents, can consent for him or her.

And if Kaitlan had been a boy, then he would have been charged with the same or another second degree felony.

And if Kaitlan's parents had gotten the minor to move into their home to get away from her parents, they would likely be facing serious CRIMINAL liability.



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24 May 2013, 7:16 am

Kaitlyn hasn't hurt anyone, something that doesn't hurt anyone shouldn't be a crime. Age of consent laws are arbitrary, that's why they're different in each state. There is no evidence that consensual sex before a certain age is harmful.

The age of consent is 14 in Austria, Germany, Italy and Portugal. It's 13 in Spain: these countries don't have more traumatized teens than any other country. If anything a lower age of consent allows teens to practice safe sex and have better education.

If age differences are harmful why is it legal for a 40 year old to have sex with an 18 year old? Why is it legal for an 18 year old to be exploited in pornography? Is an 18 year old magically immune from exploitation and harm?

There shouldn't be an age of consent. Sex should only be illegal if it's rape or if there is evidence that it harms someone.