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.

He was 18, she was 14, man on sex offender list from technicality

2-28-2015 Michigan:

A young man is listed as a registered sex offender for life due to a high school relationship. Evans Costner was 18 at the time. His girlfriend, 14. But it comes down to a technicality because he was 23 days too old.

"My son has to spend the rest of his life on the registry," Donna Costner said. Costner had consensual sex with his high school freshman girlfriend. "We talked about and decided to do it," he said. "We took all the proper steps, wore protection."

Having sex with someone under 16 in the state of Michigan is illegal. FOX 2: "Didn't you know that was under age?" "No, well I knew it was under age," Costner said. "But I didn't think it would be such a big punishment."

Attorney Cheryl Carpenter said Costner did commit an offense - one which he pleaded guilty to. Costner said he realizes that being on the sex offender registry's implications. "Pretty much, my life is over," he said.

"Sex offender registry is different," Carpenter said. "That should not be applied in cases where teenagers in high school have consensual sex. Costner would not have been on the list, except for 23 days. "Twenty-three days does not make him a monster," Donna Costner said.