17 yr old boy prosecuted for having consensual sex with 17 yr old boy

[medeak]

I know this prosecutor unfortunately. Pray this story goes viral. Newspaper put on twitter and facebook out of character for them. Young man didn't go to prison but he did have to do major community service.

http://elkodaily.com/news/state-and-regional/aclu-sues-elko-county-over-crimes-against-nature-law/article_1295a262-9cd7-11e2-aff5-001a4bcf887a.html

[dkf]

1. Well they need a judgment on the constitutionality of the law.

What are you supposed to do with a law like that? If no one prosecutes then no one challenges and then it stays on the books.

[BainsBane]

16. SCOTUS already ruled such laws are unconstitutional

Since they discriminate based on sexual orientation. That's why the conservative lawyers were going out of their way to claim that DOMA wasn't based in notions of morality but instead to provide order for federal recognition of competing state laws.

[Comrade Grumpy]

2. But was the other 17-year-old boy prosecuted for having consensual sex with a 17-year-old boy?

[LuvNewcastle]

3. This was no crime.

That law should be declared unconstitutional. Leave those kids alone!

[cvoogt]

4. Disgusting

.. the actions of the DA in this case. Don't they have better things to do?

[Gravitycollapse]

5. This is why we can't have nice things.

[alittlelark]

6. Disgusting that this is even an issue.

[JI7]

7. the other one pleaded guilty ? and it's because they are the same sex ?

[Behind the Aegis]

10. Yes, it is because they are of the same sex.

This type of prosecution was a lot more common in the past few years. Laws that excluded other sex couples ("Romeo and Juliet" Laws) didn't apply to gay couples.

[etherealtruth]

40. How is this even possible?

(I know, hate an bigotry make all thing possible).

Were laws written specifically stating that "Romeo and Juliet" only applied to opposite sex couples? I can't fathom this.

[Behind the Aegis]

41. In all honesty...

...I don't know if the "Romeo and Juliet" laws were specifically written for heterosexuals, I just know it is how it has been applied.

[Posteritatis]

42. The guilty plea was almost certainly to avert some threatened, hugely ridiculous punishment

The type of person who would prosecute that in the first place is certainly the type of person who'd want a draconian sentence if the kid fought the charge. Someone probably told him he'd be going away for years and wind up on registries (if they didn't put him there for this already), etc.

[Rhythm]

8. How was this not dumped after the Lawerence v. Texas SCOTUS decision?

This is so stupid that i'm surprised it didn't come from Virginia's AG instead...

[Lunacee_2013]

36. That's what I want to know.

I thought these laws were all struck down after that case.

[BainsBane]

37. I'm thinking for the same reasons red states are working to ban abortion

They don't care what the constitution says. They are going to try to impose their 18th century worldview regardless.

[Behind the Aegis]

9. Homophobia in action.

I didn't know this type of shit was still happening, though.

[Kurska]

13. Yeah no, both were over the age of consent.

Not the same situation at all, but your deep passion for the rights of gay people is noted

[pnwmom]

23. Technically, no. Because in Nevada, unbelievably,

they have different ages of consent for straight youth (16) and gay youth (18).

[Kurska]

26. Yeah, but that is apparently "Welcome to equality" n/t

[Behind the Aegis]

14. Oh do they now?

You have examples I take it. No, this is not "equality," this is blatant discrimination. Most states have "Romeo and Juliet" laws, yet they only apply to heterosexuals. So when those kids start getting charged with "crimes against nature" for consensual sex...THEN, and ONLY then can you flippantly declare "Welcome to Equality!"

[BainsBane]

18. He is being prosecuted for violating the "laws of nature"

not statutory rape, which obviously can't apply since both are the same age.

[pnwmom]

24. But even that charge applies only because his partner is under 18.

(They don't charge NV adults with crimes for having gay sex.)

Whereas if they had been a young man and woman of 17, no problem.

In Nevada the age of consent for gays is 18, and for straights it's 16.

[BainsBane]

27. that can't be constitutional either

surely?

[NutmegYankee]

28. Hell no.

Equal protection under the laws by the 14th amendment.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[BainsBane]

29. right, but even under this court

They struck down a sodomy law in Texas because it was discriminatory.

[NutmegYankee]

31. Yes, that was my point.

That law has no chance in appeals court. No court will uphold that it's OK to have sex at 16 for boy-girl couple, but only 18 for a same sex couple. They are not being treated as equal under the law.

[pnwmom]

33. That's why the ACLU took this case. But as long as it's on the books,

any yahoo cop can try to enforce it.

[BainsBane]

30. I'm thinking he didn't read carefully

and mistook this for a typical statutory rape case. I can think of no other reason for using the word "equality," since it so clearly doesn't fit the circumstances.

[pnwmom]

34. I think you're right. n/t

[Marrah_G]

20. bullshit

[pnwmom]

22. This is the OPPOSITE of equality. The age of consent for straight couples is 16.

For gay youth, it's 18.

[SunSeeker]

12. WTF? That DA should be ashamed. nt

[opiate69]

32. That DA should be disbarred.

[azurnoir]

15. WTF how is this even possible

viral and to the SCOTUS this can not stand

[DissidentVoice]

17. When I was 17...

When I was 17 back in the early '80s, young, dumb and full of cum, I knew a couple of gay guys. I always regarded whether or not they were having sex as none of my concern. It didn't impact my life as a straight guy, so why busy myself with others' lives when it was hard enough just living my own life? Let others live their lives as best they can.

However, I do recognise it is different. As a straight guy, if I got lucky with a girl it was "hey, alright!" but for a gay or lesbian teenager back then most people would have gone "EWWWW!"

Only once did I get hit on by a gay guy as a teenager. I let him know I was not interested in no uncertain terms, and that was it. No harm, no foul, case closed. I've seen him in passing a few times over the years and it's just "hi, how ya' been?"

Things have progressed since then...but whenever something like this happens it shows how far as a society we still have to go.

One of my wife's colleagues is a gay guy. Nice guy, barrel 'o laughs, and he's been with his partner for several years. Virtually everyone at his workplace knows he's gay and they're OK with it. I asked my wife if the ban on gay marriage is overturned if he and his partner were going to "make it official." She said "I don't know but if they are I'm sure he'll let everyone know."

[pnwmom]

21. Here's another article about the ACLU lawsuit.

http://www.huffingtonpost.com/2013/04/04/crime-against-nature-statute-nevada-aclu_n_3015565.html?utm_hp_ref=politics

The Nevada chapter of the ACLU, as well as the National ACLU Lesbian, Gay, Bisexual, Transgender and AIDS Project, officially challenged the law in federal suit filed Tuesday, according to Courthouse News Service.

The state's so-called “infamous crime against nature” statute essentially creates a double standard based solely on sexual orientation, argued the ACLU in a press release. Though the age of sexual consent in Nevada is 16, the statute forbids sex between gay teens who are above the age of consent but under 18.

“This law violates Equal Protection guarantees under any standard of review,” observed Staci Pratt, legal director for the ACLU of Nevada, per the group's release.

The ACLU filed the lawsuit on behalf of an unnamed Washoe County teen who was arrested last year and prosecuted under the law, according to the Associated Press. The teen was accused of having sex with two other teens and ultimately pled guilty to a misdemeanor in November. He is suing Elko County and District Attorney Mark Torvinen in an effort to repeal the law. He is also seeking $1 in damages.

SNIP

[medeak]

45. thank you!

made Huffpo Yay!

[defacto7]

25. 17 ? Seventeen?

When I was 17 (1973) we had consensual sex with anything that moved... and some things that didn't. Jees, what's wrong with this country? Seventeen years old? It's against the laws of nature for a seventeen year old to NOT have sex as long as it's not forced on anyone. For us it was all fun and games and no one got hurt. Today it seems things are very different. If it's not extreme prudish behavior, it's a rape scenario. Now when it's neither, the law gets into it. This country has gone mad.

I think there is a rule that I will postulate... The more restricted out social/sexual behavior, the more extreme and divisive we become in our actions. 'Sounds right to me.

[Kalidurga]

35. I read the article at the link, I still don't get it.

The boys were the same age how did they decide which one to prosecute? How did they figure out that at 17 it's against the laws of nature, but it would be natural if they had both been 18? Where does a DA find the time to pursue cases like this, but somehow they manage to not be able to take real rape perps to trial? It's 2013 not 1113 right?

[idwiyo]

38. K&R don't even know what to say. WTF?

[Trillo]

39. There's an entire human interest side of the story missing.

This kid, or perhaps both of them, are getting severely punished for acts of kindness (a form of happiness). It's kind of like getting punished for following the rules, even though it seems such a law existed which allowed the prosecution. These kinds of punishments are, in my experience, likely to produce future psychological and-or social adjustment problems. Since the people doing the punishment are highly educated, it is possible that an anti-intellectual mindset is congealing, or will be once the shock of the punishment trauma has passed, and the kids' minds have time to process all the lies to which they're currently being subjected.

This kid, maybe both of them, will need a hell of a lot of TLC right now, and will need that care from friends and family to continue for some period of time after the punishment is finished, possibly for the entire lifetime. The alternative is yet another life, pursuit of happiness, ruined by the hate machine that doesn't give a damn.

[Helen Reddy]

43. These young men are

old enough for consent with each other. Leave them alone coppers.

Long. Live. Love.

[medeak]

44. other 17 yr old was Mormon

(or his folks were am told) 300 miles from SLC.....

[markiv]

46. consensual sex bypasses Elko's brothel industry

and therefore is a form a tax evasion, because Elko would get tax money if they went to the brothel

so you can kind of understand Elko's position on morality, having sex without paying a tax on it

that's CHEATING!!!

(I dont get the part about prison curing homosexuality, though)

[medeak]

47. LOL!

Yes! Elko has many brothels right downtown blocks from courthouse. The irony is one employee of such establishment whilst getting weekly medical checkup (the good thing re legalizing brothels) told me she and others get huge tips from judge (who has since passed) if they don't laugh at him showing up in a bunny suit.