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Teens have right to have sex, lawyer argues (Huh?!?)
Milwaukee Journal-Sentinel ^ | 8.21.03 | JAMAAL ABDUL-ALIM

Posted on 08/21/2003 7:32:39 PM PDT by mhking

When an Oak Creek woman found her 14-year-old daughter nude in the woman's bed with a 14-year-old boy, the teens didn't strike her as being overly concerned.

"They both freely admitted that their intention was to 'have sex,' " records quote the woman as saying. They "were confrontational and remorseless."

The teens even "challenged" the woman to call police. So she did.

Now, the couple's would-be sexual encounter in October has both of them facing serious criminal charges.

Their case takes a course through the intersection of morals and law, a bustling crossroads at a time when sexuality has become a greater focus of youth culture. While authorities say their prosecution is meant to help, not punish, the teens, a lawyer for one of them contends 14-year-olds have a right to privacy that allows them to consent to sex with each other, and has challenged the constitutionality of the law.

The boy is being held in secure detention on a charge of attempted second-degree sexual assault, a felony that carries a possible juvenile prison term.

The girl pleaded guilty to fourth degree sexual assault, a misdemeanor, but is charged with violating her probation; a warrant has been issued for her arrest.

Neither is being named because of their ages.

Don Linke, the boy's attorney, argues that children's privacy rights include the right to make "important decisions."

"One of those types of decisions is whether to engage in sexual relations," says Linke, who will argue his position today at Milwaukee County Children's Court. If Circuit Judge Tom Donegan rules against Linke, the case could go to trial.

But prosecutors say children have no right to have sex.

"Sex between kids is not legal," said Assistant District Attorney Lori Kornblum, who is prosecuting the case.

According to the law, "Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 is guilty of a Class C felony." There is no mention of consent.

Linke suggests the statute is intended to prevent older teenagers or adults from abusing or exploiting younger, more vulnerable children, not to prohibit consensual sex among teenagers.

Kornblum said that while many instances of consensual sex among minors get handled informally, she felt compelled to bring charges in this case.

"The reason I charged this case was because of their attitude," Kornblum says. "I believe they had to be brought before an authority."

Not to punish the children, she said, but to help them through various court-ordered services.

Linke says there are other ways for the court to intervene without the children having to be found delinquent, such as filing a petition for protection or services.

Beyond the teenagers' sexual activity lurk a host of other problems.

Court records reveal that both come from troubled backgrounds and struggle with the same issues, such as attention deficit disorder and parental abandonment.

Prosecutors did try to cut the teens some slack.

The boy - originally charged in October - secured a "deferred prosecution agreement" in March. All he had to do was stay out of trouble until Aug. 6 and the charge would have been dismissed. But not long after the agreement, his father reported that the boy "refuses to follow rules." That prompted prosecutors to reissue the charge.

The girl - who was not given deferred prosecution because all parties involved agreed she needed services - was placed on probation, and ordered into Wraparound, a monitoring and treatment program designed to help emotionally disturbed youths at home instead of at costlier institutions.

But after she repeatedly spent the night out without permission, a warrant was issued for her arrest Aug. 5.

It could not be determined Wednesday if she had yet been arrested.


TOPICS: Culture/Society; Extended News; News/Current Events; US: Wisconsin
KEYWORDS: activistcourt; activistcourts; activistsupremecourt; ageofconsent; ageofconsentlaws; catholiclist; hedonists; homosexualagenda; itsjustsex; lawrencevtexas; libertines; notconsentingadults; privacylaws; prochildsexcrowd; pubescentsex; sex; sexlaws; slipperyslope; sodomylaws; statutoryrape; teenpregnancy; teens; teensex
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To: weegee
no statutory rape since it was thought about but not permitted to occur

Details here are missing. If he had his hands, ah, welll...and she the same...then there's no question about the statutory violation.

121 posted on 08/22/2003 1:56:22 PM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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To: goldstategop
to the level of a sex crime.

It doesn't?

They aren't married, are they? So what makes it LEGAL?

122 posted on 08/22/2003 1:58:04 PM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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To: Seamus Mc Gillicuddy
Now I don't condone their behavior, but I realize this does go on, it's inevitable.

There is no justice in the world. Why does everybody say this? It doesn't fit in with my experience at all. Hell, I couldn't even get a girl to KISS me till after high school graduation. (This was the 70's and 80's).

I'm not homely either. Now that I'm (sorta) old and married, I can't get the women to stop flirting with me.

But when I was 14, if a female came within 2 miles of me I became a blithering sweat machine. I think sex would have actually killed me.

123 posted on 08/22/2003 2:00:24 PM PDT by Warren_Piece (Dont Panic!)
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To: exit82
"We are overlooking the most important thing in this case."

Were those kids smoking again?
124 posted on 08/22/2003 2:00:27 PM PDT by TRY ONE (")
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To: Arthur Wildfire! March
If the law forbids that kind of reaction, and the law says that the parent cannot interfere or even call the police, then society unravels. Imagine a man and wife both working all day, going home, and hearing an orgy in one of the rooms, particularly gross if the orgy is boy-with-boy, boy-with-man, or female-with-female. And the parent has no rights, a court order to not interfere, even.

Here's where the discretion of the police officer (and later, if necessary, the DA) comes into play.

In most jurisdictions, the beating would be dismissed as "Oh,---you say he fell down the staircase? Too bad." Case closed.

125 posted on 08/22/2003 2:01:22 PM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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To: Lorianne
It is different because two people cannot "prey" upon each other.

The two 14 year olds can certainly prey upon us when we're forced to subsidize their irresponsible actions.

126 posted on 08/22/2003 2:13:41 PM PDT by jimt
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To: ColdSteelTalon
My main gripe is what will be done to them AFTER the legal proceedings.
127 posted on 08/22/2003 2:15:19 PM PDT by At _War_With_Liberals
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To: mhking
14 year old consider themselves olde enough for the priviledges of adulthood, but they don't want the responsibilities that go along with them.

I say it's a package deal. You think you're old enough to have sex, choose an abortion, etc, etc? Then move out and pay your own bills.

128 posted on 08/22/2003 2:17:54 PM PDT by MEGoody
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To: capitan_refugio
"Just wait a few weeks; this is going to be on Jerry Springer!"

Not unless the mom was involved with the boyfriend!


129 posted on 08/22/2003 3:01:46 PM PDT by At _War_With_Liberals
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To: ninenot
Yes, criminally prosecuting children for having consensual sex with each other IMO is not the way to discourage kids from having sex. Furthermore, it gives fuel to the Liberal assault on Statuatory Rape laws (they claim SR laws are criminalizing sex (the act) rather than sexual exploitation of children. In Wisconsin their argument would be correct.)

This is not a crime like a property crime or assault, for which legal action should be taken.
130 posted on 08/22/2003 3:11:12 PM PDT by Lorianne
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To: Lorianne
We disagree. And at some point in time, the SCOTUS gang will realize that States DO HAVE powers not subject to over-ride by the Feds.

When it dawns on them, the little tin gods, I hope it's not in a blaze of gunfire.
131 posted on 08/22/2003 4:13:30 PM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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To: footstomper
ah, yes! more kids screweing kids then copulation turs to teen pregnancy then leads to the welfare line with her little child and no daddy round for her child, ah, gotta love Children 1st!
132 posted on 08/22/2003 10:34:06 PM PDT by BlindedByTruth (Get the U.S out of the U.N! That is the blind truth by this blind man!)
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Comment #133 Removed by Moderator

To: 7th_Sephiroth
Evidently you are either a troller from DU, or your maturation process stopped at about the age of 15.

Try this trick with one of my daughters and you'll see the business end of some interesting hardware I keep.

In the meantime, spread your Planned Parenthood propaganda someplace else.
134 posted on 08/23/2003 6:47:41 AM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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Comment #135 Removed by Moderator

To: 7th_Sephiroth
Obviously you are a teenager. Some day you will grow up.

BTW, as you may learn in a few years: it ain't what 'hardware' you got--it's knowing how to use it what counts.

Drop by, try something cute with one of my daughters--and I'll be happy to give you a few lessons.

136 posted on 08/23/2003 10:16:32 AM PDT by ninenot (Democrats make mistakes. RINOs don't correct them.--Chesterton (adapted by Ninenot))
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