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.

[StriperSniper]

both freely admitted that their intention was to 'have sex,'

both come from troubled backgrounds and struggle with the same issues, such as attention deficit disorder

They probably would have lost interest and grabed the Playstation. ;-)

[weegee]

That's why the age of consent is generally higher than "14". Some states have confounded the law by permitting sex between 2 partners (even if one is over 18) if they are within 4 years of each other (Romeo and Juliet laws). I guess next that minors will be able to drink as long as they are with some young adult drinkers.

[LiteKeeper]

INTREP/SPOTREP

[At _War_With_Liberals]

If fascism is your thing, more power to you.

I cannot condone the state destroying children.

They did not even act. How do you figure they obviously broke laws?

[gcruse]

Just so they're locked up. I haven't seen a kid yet that couldn't benefit from incarceration. ;)

[Fledermaus]

I had lots of teen sex at 16 and 17 with my girlfriend.

But if her dad had of found out my life would have been terminated. But we were pretty sure her mother knew! lol

[At _War_With_Liberals]

The ADD label lets law enforcement, the courts, the school system, psychiatrists to act together in order to enslave them for as long as they see fit.

Resistance is futile.

[weegee]

My grandparents married at 15 and 14 - now, kids in the same circumstances are disabled of their voting rights, their rights to own guns, forever, why?

Where does it say that these kids were married? Oh that's right, they weren't (like your grandparents were).

Some states permit kids to have sex at an age lower than "age of consent" with parental approval but not all do.

What good is an "age of consent" law if kids can consent to sex at any age?

[WOSG]

"If fascism is your thing, more power to you."

If strawman arguments are your thing, I pity you.

"I cannot condone the state destroying children."

Destroying children is raising them so poorly they engage in acts whose consequences they are unprepared for. You might as well encourage them to go bungee jumping with frayed ropes. As a parent, I can only suggest you to try to understand the plight of this mother.

Saving children is giving them enough guidance, direction and rules so they make it to adulthood without unbearble burdens (like premature parenthood, drug abuse, or anti-social behavior).

"They did not even act. How do you figure they obviously broke laws?"

Read the article. They did act enought so that they were charged and convicted on misdemeanors and given probation. They broke laws. Is the rule of law so hard to understand?

[StriperSniper]

Great article!

Direct link: Served along with any fun: a dose of guilt

[At _War_With_Liberals]

Who do you think is going to pay the bill now?

The expense of this state action will easily run in the 100's of thousands over 4 years.

[At _War_With_Liberals]

The fascists will take everyone's guns someday using this same method. It is just as easily imposed on adults. Substitute guns for 'intent to possibly have sex'.

[WOSG]

"Billions for defense, but not one penny for tribute!"

[At _War_With_Liberals]

"Throwing 14 year old kids in jail for consensual sex is..."

Correction: For thinking about sex.

[WOSG]

IMHO the Pater Pan types are the one run amok here ...

Other than NAMBLA, who in the history of our nation has promulgated the idea that 14 year olds having sex outside of marriage, commitment and any responsibility and against any authority is morally, ethically and legally acceptable?

[weegee]

Why don't you undress and climb in bed with a 14 year old (male or female) and "think about having sex". See if you don't go to jail.

[At _War_With_Liberals]

I take it that the Ritalin was not working, or else they could not have maintained that they were actively suffering the symptoms of ADD.

Maybe if they were not forced to take drugs, they would never have been sexually stimulated.

Oh, I forgot. Ritalin is the good cocaine that works 100% in ADD.

[StriperSniper]

Oh, I forgot. Ritalin is the good cocaine that works 100% in ADD.

Well, the bad cocaine sure does a good job in bringing ones mind into focus, usually to get more cocaine!

[At _War_With_Liberals]

"Destroying children is raising them so poorly they engage in acts whose consequences they are unprepared for. "

I am not condoning their activity. i believe the family should straighten them out by any means possible.

The idea of a tyrannical state acting as parent, forcing them to take mind altering drugs and to see leftist psychiatrists that will program them and take away all of their liberty is just plain evil.

[Canticle_of_Deborah]

Send 'em to BOOT CAMP!!!

Ditto.