Teen, both a perpetrator and victim of sex offense, presents legal puzzle

Salt Lake Tribune ^ | Dec 06 2006 01:14:42 AM MST | Pamela Manson

[newzjunkey]

I think this could be an important case.

I'm solidly on the side of prosecuting.

[JamesP81]

I'm solidly on the side of prosecuting.

I would be if a sex offense conviction didn't destroy a person's ability to hold more than a minimum wage job for the rest of their natural life. So be all in favor of prosecuting if you want. I hope you will remember that when this minimum wage worker ends up on welfare because more respectable employers won't hire a "sex offender".

[Lawgvr1955]

By passing that law, legislators were sending a message, Bates said: Sex with or among children is unacceptable.

My belief is the legislature never gave this scenario the least bit of thought, making certain juvenile actions a misdemeanor and for younger children a felony.

At least in my state, Illinois, the prosecution could have filed a Juvenile Petition for Minor in Need of Intervention, and given the children an appropriate disposition, other than a felony and the possibility of having to register as a sex offender. The axiom, "tough cases make for bad law", seems true.

[traviskicks]

bkmark

[ExpatGator]

"a person's ability to hold more than a minimum wage job for the rest of their natural life"

These two are doing the 2 headed snakedance at 12 and 13. Do you really suppose that they might hold any jobs other than minimum wage? I'd be surprised if they were not on the dole for life.

[JamesP81]

Do you really suppose that they might hold any jobs other than minimum wage?

They for sure won't with a conviction. Things are already stacked against them, stacking more against them is pure stupidity and certain to result in the worst possible outcome. I would like for someone to explain to me where the justice is in punishing two kids for the rest of their lives for a single mistake.

I won't be holding my breath.

[JamesP81]

At least in my state, Illinois, the prosecution could have filed a Juvenile Petition for Minor in Need of Intervention, and given the children an appropriate disposition, other than a felony and the possibility of having to register as a sex offender.

I don't know about Illinois, but in many states a misdemeanor sexual offense still requires registry.

[Teacher317]

Unintended consequence #456,841

[goldstategop]

Its ridiculous to prosecute teens for making out.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

[tiki]

I think this is tragic, but I don't think it comes anywhere near criminal. These kids need some firm discipline by loved ones and lots of counseling and lots of love.

I have a 13 yr old granddaughter and although I can't imagine her having sex at this age, especially since she is almost always with her family or in school, there would be serious family intervention but I'd avoid any contact with the legal system.

OTH, I've known people who married at 13 and lived a long prosperous life and raised children and had grandchildren and great granchildren, but that was another era.

[Lawgvr1955]

In Illinois the children could have been made wards of the Court without there being a finding they had committed a criminal act, in essence the children were beyond the control of their parents for engaging in sexual activity at such an early age. The Illinois Sex Registry law would not have applied.

[Oberon]

They for sure won't with a conviction. Things are already stacked against them, stacking more against them is pure stupidity and certain to result in the worst possible outcome. I would like for someone to explain to me where the justice is in punishing two kids for the rest of their lives for a single mistake.

They're minors. Their records will be purged when they come of age.

[JamesP81]

They're minors. Their records will be purged when they come of age.

If you really believe that employers still won't find out, I've got some beachfront property that you might be interested in.

Convicting a 13 year old and a 12 year old of a crime in this case will not serve anyone and will result in more problems than if the legal system simply butted out.

[Lawgvr1955]

I have a 13 yr old granddaughter and although I can't imagine her having sex at this age

I spent last night speaking to a criminal client who had her first child at 13. She grew up in the bad part of time that is over run with drugs. The life she has lead, she is 24 now, is one so desperate, that it could have occurred on another planet.

I have been a prosecutor for 13 years and a defense attorney for 13 and thought I had pretty much seen it all, but I was wrong.

[ArrogantBustard]

Prosecuting this case is ludicrous. Many States include a 'difference in age' clause in their statutory rape laws, in order to avoid this sort of situation. There's a huge difference between an older kid abusing a younger kid, and two kids of (approximately) the same age 'playing doctor'.

[Oberon]

If you really believe that employers still won't find out, I've got some beachfront property that you might be interested in.

You know, I may be a hiring manager not long from now. Tell me, how do I access records for a job candidate's juvenile convictions?

That would be useful information to have.

[Mr. Jeeves]

This is simply none of the government's business.

[LIConFem]

"Its ridiculous to prosecute teens for making out. "

My thoughts exactly. Thoroughly absurd.

[Lawgvr1955]

Tell me, how do I access records for a job candidate's juvenile convictions?

I don't know about Utah's Sex Offender Registry law, but that might be one way in a case like this.

[Oberon]

That doesn't get wiped for minors?