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.
