Kentucky Supreme Court: It is probably unconstitutional to only prosecute boys for underage sex

[davidn3600]

FRANKFORT, Ky. (AP) — After more than a year as a couple, a 15-year-old boy and his 13-year-old girlfriend had sex on two occasions at her Kentucky home. When her parents found out, the boy was charged with a felony. The girl avoided any charges.

The case reached the Kentucky Supreme Court, and some judges said they were troubled by the “selective prosecution.” Citing Shakespeare, one justice said: “None of us would fault Romeo more than Juliet.”

But in its ruling Thursday, the court stopped short of deciding whether it was wrong to charge just the boy, or whether sex between youngsters should have been prosecuted.

Justice Mary C. Noble said the case raised “very real and important questions” about whether the prosecution of the boy, but not the girl, violated the constitutional right to equal protection under the law.

“Certainly this case raises questions of public debate about whether male and female sexual offenders face a double standard,” she wrote. “There is also an interesting discussion about whether a child who is incapable of consenting to certain conduct can be guilty of committing that conduct on another child also incapable of consenting to the conduct.”

http://www.seattletimes.com/nation-world/kentucky-court-rules-in-underage-sex-case-involving-teens/

[Rex]

1. Probably? Do young boys have something that makes them more responsible?

Besides our extra chromosome? How about this, no children are prosecuted for having 'sex between youngsters' and instead get mandatory therapy? Why not just once try a human approach and not what we always do (destroy two young lives with threats of being abused by an adult system of punishment)?

Nah too easy, much better to stick them in a hellhole for fucking up their entire lives in all of 5 seconds. That is the way we learn in 2016.

[Hortensis]

15. Unfair and problematic, but the next step would be guilty verdicts based on

skirt lengh and bathing suit style. Slut-and-jezebel suits and prosecutions. The enormous threat posed by females seducing males into sin is a dominant theme in every major religion and is used as a major justification for oppression and abuse, up to and including murder, in virtually all societies.

[leftofcool]

2. Good grief!

13 and 15? Shit, prosecute them for being stupid unless he raped her.

[madinmaryland]

3. Should kids be prosecuted at all for underage sex?

Seems kind of like an oxymoron. So, these two kids have a 14 month age difference and they are actually prosecuting someone, for a felony, no less. Rather than using the law to ruin someone's life, why not find a more equitable solution.

[OhioBlue]

12. I agree, and I think age difference should be taken into consideraton

15 and 13 (8th and 7th grades) in the absence of rape shouldn't have even been prosecuted.

However, if it where 15 and 11.... I would see it differently as I would 17 and 13.

[tblue37]

13. The girl's parents in such cases are usually the ones who push for prosecution. nt

[Schema Thing]

4. how about neither one gets charged with anything?

Y'know, sensible like.

[Oneironaut]

5. Um... WTF?

I hope there is more to this story, because this is troubling and ridiculous. It sounds like they even went to the same school.

I'm guessing the boy was black to get hosed by the courts like that. A 15-year-old sleeping with a 13-year-old is not a pedophile. I'm not even sure a 15-year-old could be a pedophile. If the roles were reversed, and the boy were 13 and the girl 15, the boy would be getting a high-five!

This angers me because the court still sees girl and womens' sexuality as delicate versus mens'. There is an extreme double standard. The judge's argument is also dumb. Nobody should have been charged here. Period!

[Odin2005]

6. Why are we prosecuting horny teenagers being horny teenagers?

I'm betting the boy is black and this is some kind of modern day lynching.

[davidn3600]

8. Because you are likely dealing with religious conservatives angry their daughter had sex

Frequently what happens is the girl's parents find out she's having sex with a boyfriend. They become furious and call the cops. The boy gets arrested and railroaded through the system. (and yes minority boys tend to get it worse)

Most states have "Romeo and Juliet" laws to help prevent this type of thing. Prosecutors have proven to have very poor discretion when it comes to this situation.

It's also demeaning to women too. It's a long-running double standard in our society that women are these delicate flowers who can't have responsibility over these matters, but boys are able to be responsible. Have you seen on YouTube those creepy "purity balls" done by religious conservatives? It's when a father and his young daughter go to this party and she pledges in front of him and all these people to not have sex until after marriage. It's cringe-worthy. But you never see it the other way around. You never see the boy making these purity pledges.

[AngryAmish]

9. Exactly. Boy is probably black.

[gladium et scutum]

10. Why do you think the boy is black?

[Odin2005]

11. It's the South.

[Shrike47]

7. They should be treated equally, whatever that treatment should be. Not prosecution, IMO.

[Captain Stern]

14. It doesn't sound like anybody was charged for just having sex.

According to the article:

Her parents spotted nude pictures on the girl’s phone and discovered the youngsters had had sex.

The girl’s parents took out a warrant and the boy was charged with misdemeanor sexual misconduct and felony possession of matter portraying a sexual performance by a minor.

I think the unfairness comes into play when you take into account that the girl obviously also had pictures on her phone, and wasn't charged.