Kentucky court to consider if underage sex is a crime
Source: Associated Press
Kentucky court to consider if underage sex is a crime
12, 2015 | Updated: February 12, 2015 8:49pm
Kentucky's highest court considered on Thursday whether teen-agers should be treated as criminals when they have sex and send nude photos to each other. Here are some of the key questions being asked in the case:
IS CONSENSUAL SEX BETWEEN TEENAGERS A CRIME?
In many states, yes. The age of consent in Kentucky, for example, is 16, meaning that anyone younger cannot legally have sex, no matter how willing they are. Many states have "Romeo and Juliet" laws that protect some teens from prosecution when they engage in consensual sex.
BUT AREN'T TEENAGERS ENTITLED TO PRIVACY WHEN IT COMES TO SEX?
The boy's lawyer says yes, but authorities were called by the girl's mother in this case after the young couple texted nude photos to each other. She found the images on her seventh-grader's phone, learned she was having sex at home with her eighth-grade boyfriend, and sounded the alarm.
WHEN UNDERAGE CHILDREN HAVE SEX, CAN BOTH BE CHARGED WITH A CRIME?
In theory, the 15-year-old boy's mother also could have called police and demanded that his 13-year-old girlfriend be prosecuted. His lawyer argues that his right to equal protection under the law was violated when the state sent him, but not her, to a secure youth center as a sex offender.
Read more: http://www.chron.com/news/us/article/Questions-about-underage-sex-for-Kentucky-s-6078560.php
Exultant Democracy
(6,594 posts)2. We definitely need to put more people on more list in their youth that will make sure they find themselves with radically reduced options when they become adults. Why you ask? Because how else are we going to make sure they grow up and go to jail, duh.
Spitfire of ATJ
(32,723 posts)That's less "dirty" than sex.
Oh wait,...it's jail.
They fight dirty there.
msongs
(67,413 posts)Agnosticsherbet
(11,619 posts)I am not surprise that Kentucky is considering legislating morality.
I am sure when they've finished discussing it legislators will run out to see 50 shades of Gray.
Trillo
(9,154 posts)The idea that kids might decide they like each other and want to have sex.
No matter what happens in the legal wrangling, I really hope both of the kids get some extended counseling that somehow gets across to them both that they did nothing wrong and helps to heal them from the surveillance. That itself is going to be a tough hill to climb, since so much circus is created by all of these adult proceedings.
Drahthaardogs
(6,843 posts)If she is in seventh grade, unless she has been held back. Let's not incarcerate but let's not encourage thirteen year olds to have sex please. The outcome of sex is often babies. We don't need thirteen year old mothers.
Adrahil
(13,340 posts)Trillo
(9,154 posts)Don't believe me, check Wikipedia, it's a cited fact. A lot of parents think it begins later than that, as the older literature (early to mid 1900s) on the subject often said it was 16-17 when "that" interest began. There is individual variance.
The parental survillance coupled with the negative judgment is likely to cause some problems for one or both of these kids. It's a great time for the parents to think, "My kid is growing up. I better make sure they know about condoms and contraceptive foam, and diseases."
How many kids have this third-party discovery happen to them on their first love? Not many, judging from what I know happened to my other friends at that age. I'm one of the few who experienced something similar, so I'm not just guessing here. There is a big danger that one or both of these kids are going to end up with very unhealthy ideas about sex and friendship as a result of all this pomp and adult judgment. The kids may end up with the idea that sex is very bad, and future sexual-behavior dysfunctions may occur, and those dysfunctions may be lifelong. It can cause what I will call a psychological withdrawal around these matters. The kids' relationship with the parents is also likely damaged, and is going to need some rebuilding of trust, if that's even possible.
This whole matter, being in court, is blown far out of proportion. I was completely serious about the need for these kids to get some continuing professional counseling to attempt to mitigate the damage that has already occurred. It is not a small matter for their future psychological health.
Drahthaardogs
(6,843 posts)that adults disapproving of thirteen year olds having sex has lasting negative sexual consequences. Please provide a p-value because I do not consider any study relevant that has no p-value.
Trillo
(9,154 posts)using the courts and making a big public spectacle of what is essentially a private activity.
Do your own research. This will get you started.
http://books.google.com/books?hl=en&lr=&id=VxUKFblQiqAC&oi=fnd&pg=PA15#v=onepage&q&f=false
Drahthaardogs
(6,843 posts)And why are so many psychological studies lacking such things as p-values and peer reviews? Why are so few psychological studies single blinded, let alone double blinded?
I find your whole pretense that these kids have a "right" to have sex at an age too young for many girls to actually safely deliver a child because "they feel like it and want it" reckless and dangerous and just as loony as throwing a kid in jail for underage sex. Extremes on either side are usually pretty ridiculous.
Trillo
(9,154 posts)I'm telling you, from personal experience, you're seriously damaging your kids when publicly shaming them this severely.
That is what is loony in this matter.
...Sexuality. In the United States, sexuality is rarely discussed, even between
therapists and clients. Conversations about sexuality are frequently precluded by
religious and cultural prohibitions. Despite attempts by educators and mental health
practitioners to bring this topic to the forefront, the erotic still arouses acute moral
anxiety and confusion. This is not because sex is intrinsically naughty, but because it is
a focus for powerful feelings (Weeks, 1989, p.18).
...
Sexual shame. This cultural ambivalence, particularly acute in North America, is
likely at the root of sexual shame. Humans are naturally inquisitive about sexuality, but
in our culture they are taught at a young age that it is forbidden. Normal sexual
exploration and curiosity are pathologized by parents, religious leaders, and other
authority figures. This creates an excited tension around the taboo, which is often met
with disapproval, thereby activating sexual shame. Other factors have been shown to
contribute to sexual shame, including childhood sexual abuse, growing up in an
extremely religious environment, looking at pornography, engaging in same-sex sexual
activity, sexual assault, non-consensual sexual activity, and promiscuity (Hastings, 1998;
Lichtenberg, 2007; Weeks, 1989).
...
Sexuality is a taboo topic that begets physical and emotional vulnerability,
making it particularly disposed to shame. Shame stemming from sexual thoughts or
experiences is linked to a range of psychological symptoms, and can be crippling for the
individual client (Hastings, 1998; Morrison, 1998). Additionally, within a relationship,
sexual shame can provoke other-directed anger, hostility, and even aggression (Tangney, 2007).
It often inhibits empathic responses, as well as sexual activity between partners.
...
Shame has been shown to precipitate feeling
inferior, defective, unworthy, incompetent, weak, unlovable, despairing, and feeling like
a failure (Morrison, 1998). Additionally, shame has been shown to have negative
immunological effects on its sufferers, causing proinflammatory cytokine activity, which
reduces ability to fight infection (Dickerson, Kemeny, Aziz, Kim, & Fahey, 2004).
Research also demonstrated that shame is powerfully detrimental to students ability to
learn, and is an impediment to their academic performance (Bond, 2009; Johnson, 2012;
Thompson, Altman, & Davidson, 2004). Shame has been linked to inhibited creativity
because it impedes the brain from the presentation of new or unusual ideas (Womack,
1999). Shame has been clinically linked with the formation and maintenance of various
forms of psychopathology, including depression, anxiety, stress, eating disorders, sub-
clinical sociopathy, low self esteem, paranoid ideation, suicidality, self-injury, and
compulsive behaviors (Cirhinlioglu & Guvenc, 2011; Harder, Cutler, & Rockart, 1992;
Pinto-Gouveia & Matos, 2011; Rizvi, 2004; Tangney & Dearing, 2003; Tangney,
Wagner, & Gramzow, 1992 ). Empirical data indicated that people experiencing shame
tended to be more angry and distressed than those who were less shame-prone (Tangney
& Dearing, 2003). This anger was thought to be initially directed inward toward the self,
but when it became too distasteful it quickly shifted outward and became other-directed,
which led to relational conflict or aggressive behavior (Retzinger, 1985). Extreme shame
was shown to lead to violence, ethnic conflict, international strife, and even genocide
(Tangney, 2007).
...
Sexual Shame
Defining sexual shame. Although sexuality is regularly addressed in magazines
and even shown on prime-time television, it is still difficult for most people to discuss
comfortably because of the reluctance and stigma that are attached to the subject on a
cultural level (Hastings, 1998). Additionally, individuals are often introduced to sexual
shame at a young age via avenues such as sexual secrecy, sexual abuse, exposure to
pornography, religious shaming, being dressed to hide the body, or being shamed for
masturbation or promiscuity (Hastings, 1998). In North America, parental discomfort in
discussing such topics as menstruation, genitals, erections, or nocturnal emissions
conveys to the child at a young age that these things are shameful (Hastings, 1998).
...
QuebecYank
(147 posts)I think it's possible the court there is slipping into some dangerous territory, because I see this as a way to deny a teenage girl an abortion. Remember, the GOP/Tea Party politicians are trying to redefine rape. Which I believe is about not allowing an abortion, to rape victims. So if they can deny it to rape victims, than why not, a teenage couple in love. Some RWers are even saying that having sex with your sleeping wife, isn't rape, either.
Spitfire of ATJ
(32,723 posts)Oh yeah,...exploring caves.
newthinking
(3,982 posts)Spitfire of ATJ
(32,723 posts)Comrade Grumpy
(13,184 posts)ColesCountyDem
(6,943 posts)So can flashing your boobs or mooning someone. Seriously sad, isn't it?
24601
(3,962 posts)consent doesn't mean that his consent has any legal validity.
PersonNumber503602
(1,134 posts)if she believes her child should be charged too, and if not, what her logic is for her thinking.
countmyvote4real
(4,023 posts)Florida has always seemed like Kentucky with palm trees.
Hoppy
(3,595 posts)now called, Middle School. I was/am homely, so it wouldn't have been a challenge. The rest of you guys?
treestar
(82,383 posts)about pregnancy? Or just plain being scared?
As a girl, I would have been terrified. Come to think of it, I still am, lol.
treestar
(82,383 posts)and a civil matter, which delinquency is.
Actually I think they are adults are they aren't. Maybe we can invent something between childhood and majority. A legal category for this purpose. For everything else they are kids, but here we tolerate their adult activities - regulating them only as to age of the partners.
FiveGoodMen
(20,018 posts)I'll bet the answer is none.
If there are good reasons for humans in the modern world to wait, those reasons are surely NOT good enough to criminalize the very nature that resulted in our being here at all.
hunter
(38,317 posts)PoliticAverse
(26,366 posts)RushIsRot
(4,016 posts)Generally from the walls of public bathrooms.
guillaumeb
(42,641 posts)Sex=bad
guns=good
teenagers having sex=bad
teenagers shooting guns=good
When our daughters were young (16), we told them that we would prefer that they wait until at least 18 to have sex, but we took them to the doctor for birth control anyway. What we wish for our children does not always equate with what they wish.
Better to plan for reality than to deny reality.
RKP5637
(67,109 posts)issue.