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.

6 Comments

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.

THIS is just another example of the insanity perpetrated by these laws. Now, the MAJORITY on the registry are not dangerous, and especially to children. There are some very sick people in this country if they think NORMAL child sexual play should put CHILDREN on the registry.
So now we have a majority of non-dangerous men on there and also CHILDREN. What kind of country is this?

But, it's a boondoggle for unscrupulous politicians, drama-driven media and horrendous, overzealous prosecutors who want to use and abuse the law to push themselves up the ladder in their jobs. What insanity !!!

From patricia w | October 12, 2010 2:12 PM

If you care, read what's happening to young people with these laws.
http://www.ethicaltreatment.org/

From patricia w | October 12, 2010 2:14 PM

The worlds youngest sex offender was katelyn overkamp of michigan.

She was put on at 8 yrs of age.

From Steve | May 26, 2011 12:25 AM

This is unbelievable. Someday, there will be an uprising in this goddamned so-called "land of the free". How dare the legal system devastate these two young kids for making a consensual and childish mistake? And that too permanently? If I were in the teenage boy's shoes, I would have lost all motivation to live. I believe this just as bad (if not worse) as killing them. I would not be surprised if the boy in this case either becomes a real criminal due to his bitterness for the system or commits suicide. They have no future, no hope, just nothing to live for. Congratulations, lawmakers, prosecutors and all other scumbags involved in causing them their fate. You have destroyed yet another 2 innocent kids lives. This is would definitely infuriate the framers of the Constitution. This leads me to believe that America is NOT a free country. A small mistake, even if made accidentally, can result in someone's life destroyed. What is shocking is that these horrible atrocities are being committed openly by the legal system and most people are just quiet. The legal system, as it stands, fosters more crime, since its goal is to always punish, not rehabilitate. People of America need to overthrow this despicable legal system and make new laws that are humane, rehabilitative, and allow people to return to society and pursue their lives normally like they did before once they have served their punishment. Huge human rights violations are taking place all the time in this "land of the free", I guarantee it. The prosecutor of this case is a scumbag and a piece of garbage and should be dis-barred and jailed. He is a BIG disgrace to American society... May God bless America. The above is just my humble opinion. Thanks.

The SOR is nothing more than legalized political thuggery.
So many lives have been , and are being destroyed by this unfair , unjust , unconstitutional mandate , to include children (mostly boys) who are on the registry - and children of a parent or sibling on it , who face constant ridicule and bullying because of it.
The public schools TEACH kids how to have sex , as well as the many varieties to choose from , all with complete immunity from legal action.
Honestly , what is really the agenda of a teacher in the school system who would want to teach this kind of " curriculum" to MINORS ???
Of course , you will be told that since the parents aren't teaching it at home , the school HAS to. Oh yeah ? ... well just for the record , people have been figuring out sex , long before schools were in existance.
These kids in this story have done nothing that merits anything more than a reprimand by their PARENTS. Now they face a life of being branded and banished. Our legal system and the politcians who created it are the ones who need to be put on trial.
As the mother of an autistic RSO , my heart goes out to the families of these children.

Leave a comment


Important note: Due to a flood of spam, I've set the comment filter to mercilessly delete comments that mention the names of certain high-end designer fashion items. So don't mention anything like that if you want your comment to survive.


About this Entry

This page contains a single entry by Mark Draughn published on December 8, 2006 9:55 AM.

News From the (Drug) War Zone was the previous entry in this blog.

Friday Fun Link is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Find us on Facebook

Unless you request otherwise, we will assume all messages are for publication and attribution.

Red links are Not Safe For Work NSFW.

Mark

About Mark

PGP key

Visit Mark on MySpace

Ken

About Ken

Gary

About Gary

Joel

Article Syndication

Libertarian-ish

Hit & Run
Cataloguing every inch of our daily slide down the slippery slope towards a more totalitarian state.
Virgina Postrel
Author, columnist, and famous kidney doner.
The Agitator
Radley Balko, libertarian at large.
Nobody's Business
A blog about negative liberty.
Ravings of a Feral Genius
The one, the only, Jennifer.
Honest Courtesan
Notes from a retired call girl.

Bloggy Goodness

Duly Noted
Yet another Lindsay Beyerstein blog.
InstaPundit
Law professor, author, columnist, music engineer, the founding father of the blogosphere.
StrategyPage
News and commentary on all things military.
Last One Speaks
A complicated woman with simple tastes.
Ethics Alarms
Jack Marshall at large.

War on Drugs

StoptheDrugWar.org
Taking the drug war debate to the blogosphere
DrugWar Rant
More reasons every week for hating the War on Drugs.
DUI Blog
The road to hell is paved with good intentions and patrolled by Mothers Against Drunk Driving.
The D'Alliance
The Drug Policy Alliance blog.
Vigil for Lost Promise
A counterweight to the DEA's exploitive site.

Blawgs

a Public Defender
Rants, explanations, and complaints from a public defender.
Simple Justice
Rants, explanations, and complaints from a private lawyer.
Defending People
The art and science of criminal defense trial lawyering
Probable Cause
The legal blog with the really low standard of review.
Unwashed Advocate
Former Military Underdog
Indefensible
David Feige, creator of Raising the Bar and former public defender.
Koehler Law Blog
Don't be fooled by how pretty it is
Not Guilty
A lawyer in search of a clue.
Norm Pattis
Norm will fight for you!
The Legal Satyricon
Entertainment and First Amendment Law
Gamso - For the Defense
An Ohio criminal defense lawyer
Criminal Defense
It's like a criminal defense blog, but from Florida
ECILCrime
East Central Illinois criminal defense.
Underdog Blog
Criminal defense, politics, and God only knows what else.
CrimLaw
A big, goofy, ballcap-wearing prosecutor who even likes dogs. [review]
Blonde Justice
Funny stories about criminal defense.
Crime & Federalism
Legal analysis and bitching. [review]
Seeking Justice
Tom McKenna, Virginia prosecutor on a mission from God.
The Volokh Conspiracy
Smart legal experts.
D.A. Confidential
Making prosecutors seem just like normal lawyers
Crime and Consequences Blog
Because we're just not punishing people enough
Graham Lawyer Blog
Interesting writing about the law.
New York Personal Injury Law Blog
Better than you'd think from the SEO-friendly name
West Virginia Criminal Law Blog
Also better than you'd think from the SEO-friendly name
South Carolina Criminal Defense Blog
And one more that's better than you'd think from the SEO-friendly name

Geek Stuff

Schneier on Security
Smart thinking about computers and other security problems.
The Daily WTF
Crazy stories about bad things inside computer software and how they got there.
xkcd
Extremely geeky comics.
Google Blogoscoped
Smart writing about search engine technology.
The Altruist
Agony Unleashed in EVE Online.

Economics

Steven Landsburg
The Armchair Economist
Greg Mankiw's Blog
Aurhor of the most popular macroeconomics textbook
Marginal Revolution
Everything happens in the margins
Megan McArdle
Business and economics

Photography

Strobist
How to light everything in the world with speedlights
iN-PUBLiC.com
Very cool modern street photography.
Digital Photography Review
Detailed reviews of digital cameras and vicious forum debates too.
Ken Rockwell
Strong opinions about photography.
Dan Heller
Photographs and the business of photography.
Bert P. Krages II
Photography and the law.

Chicagoland

Leslie's Omnibus
I have no idea what this blog is about.
Marathon Pundit
John Ruberry runs, drives, and blogs.

Media

Eric Zorn
Possibly the Chicago Tribune's first blogger.
Miss Manners
A marvelous writer and deeper than you think.
Roger Ebert's Journal
A great writer and a useful film critic.

Resources

WolframAlpha
Data + Computation = Fun Knowledge.
Institute for Justice
A merry band of libertarian litigators.
EFF: Bloggers
The Electronic Frontier Foundation's page for bloggers.
CIA World Factbook
A brief summary about every nation.
Wikipedia
The mostly-useful encyclopedia of everything.
Current Impact Risks
It has to happen some day.

Gone But Not Forgotten

Peter McWilliams
Ain't Nobody's Business If You Do

Web Rings

Credits

Copyright  ©  2002-2011 Mark Draughn. All rights reserved.

Site developed by
Draughn Software Corporation

Powered by Movable Type 4.261
Version 4.261

Downtown Host

Social networking tags courtesy of the Sociotags for Movable Type plugin by Ole Wolf.

Chicago lakefront image by Ken Gibson.

Admin

Valid XHTML 1.0 Transitional

Valid CSS

ICRA

Statistics

Claim Your Avvo Profile