The law should be gender blind. Shouldn't matter if a teacher is female and her victim is a male student, or they're both the same gender. The court recognizes this, imho, and that's why the provision was struck.
The third point has no relevance.
The core issue is should the same "consensual" activity, excluding GENDERS, be worth both 15 months and 204 months in prison? No, of course not. Those sentences aren't even close to being comparable.
Heterosexuals get a 93% discount on the homosexual's sentence for the same activity, same ages, same question of consent.
The Kansas Supreme Court is entirely correct in recognizing unequal treatment under law.
A narrow point. In New York [No Mordor, unfortunately], a 14 year old can't "consent" by reason of age, so unless Kansas' age of consent is lower, the sexual act could not be consentual. And since vaginal intercourse wasn't the conduct, it would be sodomy, not "rape", since some have used the term. Same degree, same penalties. And yes, the penalties should be increased [almost said 'stiffer', don't go there]regardless of the genders of the participants. It was a non-consensual act, at least in my state.
newzjunkey said " The core issue is should the same "consensual" activity, excluding GENDERS, be worth both 15 months and 204 months in prison? No, of course not. Those sentences aren't even close to being comparable.Heterosexuals get a 93% discount on the homosexual's sentence for the same activity, same ages, same question of consent.
The Kansas Supreme Court is entirely correct in recognizing unequal treatment under law."
Your tone makes it sound like you are disagreeing with my conclusion. We agree that the sentences should be the same regardless of gender...
What I don't agree with is your reasoning. You are calling sex between an adult and a child "consensual." I am all for recognizing that the government has no business regulating consensual private behavior between adults.
But where children are involved the government gains a compelling interest in their protection and they cannot give informed adult consent.
And without legal consent we are talking about rape.
It's easier to see if you think of a younger child - I don't care what a 4 year old girl agrees to - if a 50 year old man has sex with her then it is wrong.
Now that age of consent is somewhat arbitrary as children mature at different rates but we have left that decision to the states.