Teens have right to have sex, lawyer argues (Huh?!?)

Milwaukee Journal-Sentinel ^ | 8.21.03 | JAMAAL ABDUL-ALIM

[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.

[gcruse]

This all sounds so damned libertarian to me. Where, oh where will it stop?

Throwing kids in jail for consensual sex....hmmm.  Keep them locked
up until they're eighteen?  Hard cases make bad law.

[Scenic Sounds]

I'd lock them up together until they're eighteen.

That'd cure em. ;-)

[Richard Kimball]

I think you're correct, and I also wouldn't be surprised to find out later that this was another ACLU setup, where they create a case to generate a new "constitutional right".

[At _War_With_Liberals]

"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."

Complete abuse of power. This is tyrannical. The fact that nothing even happened between them is all the more alarming.

To treat two 14 year olds experiencing natural emotions as felons is sick.

The legal system is totally corrupt. There is no doubt.

[giznort]

As previously stated, I'm from Wisconsin. I'm embarrassed about this defense attorney. He should have his ass kicked. Which is exactly what would have happened to me (no, worse would have happened) if my Dad would have found me in bed with my boyfriend (no matter 18 years of age or older) saying we going to have sex. I would not have lived. Dad would have killed us both. Just another example of how we are all sliding down the slippery slope and not doing a damn thing about it.

[WOSG]

Ah, well let's say howdy and tell folks to support a FREE REPUBLIC. Stay enjoy the place and we may even throw up a picture of Mary Carey and Ann Coulter to keep the interest "up". :-)

Support your local US Constitution

[Dianna]

They Understand the concenquences, fathers, your daughters arent innocent little girls, they know what thier doing (and by the look of some of the girls at the mall) thier hookers.

In reading the story, the largest problem seems to be the kids' attitudes. Can you imagine being in your mother's face like that? Yes, I'm in your bed. Yes, I'm gonna have sex. Call the police, I dare ya.

What do you do with a kid like that? Now the problem may be that the mother is a wimpy authority and has caused her own problems. But the girl is staying out all night, was already on probation for who knows what, something needs to be done.

[WOSG]

But it would be nice if those kids knew the consequences of a teen pregnancy."

The consequences are for a future on welfare and likely jail (just read the details, this girl is trouble waiting to happen) for which *I* will have to pay ... I say like lock the arrogant teenagers up. And spread the word to the 8th graders sex will get you busted.

[spodefly]

The state sanctions adolescent sexual explorations because the state will be there to provide the safety net for stupid adolescent decisions. Who are the parents to interfere?

[WOSG]

"They Understand the concenquences,"

Alas, and again, the consequences' are paid for in trouble, blood and money by other people besides these irresponsible underaged kids. These kids are wholly without responsibility and will be JD and/or welfare cases in short order. Next stop - pregnancy. We *will* pay for thier sex acts. Failure to guide habits that are constructive leads to degradation and ultimately a lack of freedom by all.

"your daughters arent innocent little girls, they know what thier doing (and by the look of some of the girls at the mall) thier hookers." All the more reason to give societal support to stem the tide.

[Charles H. (The_r0nin)]

They Understand the concenquences, fathers, your daughters arent innocent little girls, they know what thier doing (and by the look of some of the girls at the mall) thier hookers.

So, since according to you "they understand the consequences," you have no problem with said parent throwing 14 year-old girl out of the house permanently for breaking mom's rules, correct? And you would agree that mom has no legal obligation to help support any bastard children conceived from said intercourse, right?

So long as any person is liable for a child's conduct, that child isn't "old enough to make decisions" unless the parent tells them they can...

[WOSG]

"The legal system is totally corrupt. "

It is indeed. A clear violation of laws on the books and people are saying they shouldnt be punished. Go figure!

[Frank_2001]

Send 'em to BOOT CAMP!!!
And BTW what does DAD have to say about all this????

[Capriole]

This mother has obviously done a great job of raising her kid.

[WOSG]

We should change our welfare policy so only those who think it's a "cool" idea to let kids have sex will pay for the billions in consequential welfare for the "results" of said irresponsible behavior.

You want to pretend teenaged kids are adults - YOU pay the bill!

[WOSG]

good point!

"you have no problem with said parent throwing 14 year-old girl out of the house permanently for breaking mom's rules, correct? And you would agree that mom has no legal obligation to help support any bastard children conceived from said intercourse, right?

So long as any person is liable for a child's conduct, that child isn't "old enough to make decisions" unless the parent tells them they can..."

Freedom without responsibility ... that aint libertarianism that's the Peter Pan ethic.

[At _War_With_Liberals]

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

"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. "

The state, in total Nazi emulation, will make these two kids not only felons, but will also take away all of their freedom and diagnose them with mental illnesses. It is so typical and so common now.

They will be forced to take mind altering drugs, the long term effects of which on children are unknown.

They will also be forced to accept reprogramming by leftist psychiatrists. The rights of their parents will be marginalized.

The full force of law enforcement, the court system, the medical sector will be brought down on them with crushing force. It is a conspiracy between these 3 groups- they all follow a pre-ordained script used before on other kids to subjugate all of their liberty.

Just like the ADD crime they perpetuate. The teacher, the courts, the school shrink set up 1000's of boys the same way with the same outcome. It is totally corrupt.

Leave the kids alone.

[gcruse]

You want to pretend teenaged kids are adults - YOU pay the bill!

Throwing 14 year old kids in jail for consensual sex is
neo-wowserism run amok.

[narses]

Ping.