December 8, 2006
Crime and Punishment Department
The Youngest Sex Offenders
As long as I'm on a rant, I might as well come to the defense of a couple of child molesters. Apparently the law in Utah considers young children who have sex with other young children to be the victims of a sex offense and the perpetrators of a sex offense.
Utah Supreme Court justices acknowledged Tuesday that they were struggling to wrap their minds around the concept that a 13-year-old girl could be both an offender and a victim for the same act - in this case, having consensual sex with her 12-year-old boyfriend.
The Ogden, Utah, girl was put in this odd position because she was found guilty of violating a state law that prohibits sex with someone under age 14. She also was the victim in the case against her boyfriend, who was found guilty of the same violation by engaging in sexual activity with her.
"The only thing that comes close to this is dueling," said Associate Chief Justice Michael Wilkins, noting that two people who take 20 paces and then shoot could each be considered both victim and offender.
As liberal as I am about many moral issues, I'm still not in favor of 12- and 13-year-old kids having sex. This is grounds for some stern discipline. However, in our politicians' zeal to show how tough they are on crime, the official reaction is going to be terrible overkill. Kerry Howley explains what's in store for these kids as they grow up:
For as long as these kids decide to live in Utah--or anywhere else that deems them sex offenders--they'll be treated as potentially dangerous. If they decide to move, the FBI will track them. In many localities, they and their families will face residency requirements.
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Most states are enlightened enough to have either a "Romeo & Juliet" statute reducing sentences for young-on-younger statutory rape or, better, a flat-out proscription against prosecuting someone protected by statutory rape laws from being prosecuted for statutory rape.
Then again, this is Utah.