Two Teens Have Sex. Neither Could Legally Consent, But Only the Boy Gets a Felony Charge.

3-10-2015 Kentucky:

Underage teens having sex is awkward, but it shouldn't be criminal.

If two people are equally unable to give consent, but have sex anyway, should either be charged with a crime? It's a question that many college administrators wrestle with when drugs and alcohol are factors in sexual assault disputes. The verdict often seems to be that male students are uniquely responsible for ascertaining that their sexual partners are in a state of mind to consent, even when the female is the initiator and both are intoxicated.

This double-standard for men seems to apply to underage teenagers as well. Take, for example, this recent story in The Courier-Journal: the Kentucky Supreme Court has agreed to hear the case of "B.H.," who was 15-years-old when he was charged with sexual misconduct and possessing pornographic material featuring a minor (the latter is a felony charge). B.H. was in trouble for having sex with his 13-year-old girlfriend and exchanging nude pictures with her. The acts were voluntary, though neither teen could legally consent to sexual activities since they were both underage at the time.

Sex-offender registry misguided thinking

UPDATE:

2-10-2014 Kentucky:

I am a sex offender.

I know well the tremendous power of those words. In 2007, I pled guilty to possession of child pornography.

Nothing here is meant to defend what I did or to minimize the gravity of my actions. I had a major problem with pornography, and I was far too deep in denial and too scared to reach out to anyone.

Help eventually came when my girlfriend discovered child porn on my computer and went to the police. I was then and remain grateful to her for taking that step.

As I went through the legal process after my arrest, I developed a keen interest in the law, and a sincere desire to advocate on the behalf of those who are hated, who are lost, and who are forgotten. With luck, I managed to win acceptance to law school despite my conviction. I worked harder than I'd ever worked in my life, because I knew I'd have a lot to do to overcome my past. I did well in school, graduated, secured a job at a law firm after disclosing my past, and applied to take the bar exam.

Recently, the Kentucky Supreme Court ruled that I will not be allowed to take the bar exam until I am no longer on the sex-offender registry, which will be another 18 years from now.

But the point I want to make is not about me. It isn't about my case. I am not here to say whether the court's decision was right or wrong. The principles at play are much larger than me.