Florida Statute Title XLVI Crimes Chapter 800 Lewdness; Indecent Exposure - 800.04 Lewd or Lascivious offenses committed upon or in the presence of persons less than 16 years of age: This law makes it a felony of the second degree for "A person" 18 or older, to engage in sexual activity with a person 12 years of age or older, but less than 16 years of age.
Florida defines anyone as a minor under the age of 18 and an adult above the age of 24 so I guess someone between 18-24 is in limbo somehow. There is currently a case in Florida involving an 18 year old girl and a 15 year old girl who had consensual sex that started when the older girl was 17 and the younger girl 14 and when the 17 year old girl turned 18 she was charged with two counts of violating the above statute which is a felony and in most states would be considered statutory rape but not in Florida.
As the old parable goes "Ignorance of the Law" is not an excuse or a legal defense. In the following Huffing-ton Post article it is quite clear that at least the Post thinks this was just plain fine because it was a "same sex" relationship which of courses negates any violation of the law because the 18 year old deserves a break because after all she is a lesbian.
I can just imagine the complete outrage if this was an 18 year old boy that had sex with a 15 year old girl and the 15 year old girl's family pressed charges. Activists would be screaming for the head of the young boy because "Ignorance of the Law" is not a defense and besides this is a "male rape culture" and we all know it.
Of course the older girl's parents miss the entire point of the law which is to protect children from 12-16 from being taken advantage of by an older student and in an obligatory comment the older girl's parents scream they are only doing it because my daughter is gay and they are claiming my daughter turned their daughter gay. Sorry but that pile of crap went out with the bathwater because Kate, your daughter, violated the above statute.
Wait a second, maybe we should repeal that statute and give every male from 18-24 a free shot at every girl in Florida in the age group 12-16. How about doing that? I don't think so!!
Kate's family of course is claiming the now 15 year old girl's family supported the relationship between the 14 and 17 year old but turned on them when Kate turned 18. If Kate's parents knew they were having "consensual sex" and did nothing about it then they qualify for the "bonehead" parents of the year award. As for the younger girl's parents it is all conjecture whether they knew or did not know or whether they sere initially okay with the "consensual sex" or not. Maybe they were liberated parents and okay with their daughter having a "non sexual" relationship but just because their daughter could not get "pregnant" does not release Kate from the simple fact she took advantage of a minor as described in the above Florida Statute.
To be blunt this is a clear case of treatment under the Law by the State of Florida. Many young men have been tried under this law and have supposedly had their "lives" ruined and it seems like again people are siding with the perpetrator and not the victim. Put simply, the victim does not have to admit they are a victim to be a victim in this case. would any of those screaming about this be doing the same if it was an 18 year old male and a 15 year old girl? They certainly would but those supporting Kate would be screaming to hang the little bastard!
I can only come to the conclusion that some think lesbian and gay relationships are somehow above the law or better yet should have "special" laws just for them because their situations are special. Sorry but you are dead wrong. True equality means you are treated under the law the same way. would you like a list of the young males whose lives have been supposedly "ruined" by being prosecuted under this law? I am betting not because this is different in your mind. It is not.
Kate took advantage of a younger girl and had sex with her which violates the above statute. She admitted it and claims it was consensual. Lord, that sure does sound like a man screaming she wanted it as bad as I did. Would you feel the same if am 18 year old boy was diddling a 12 year old boy? I think so and in fact I know you would unless you are a card carrying member of NAMBLA.
The following quite was taken from the above article.
"These people never came to us as parents, never tried to speak to us... and tell us they had a problem with the girls dating," Kaitlyn Hunt's mother, Kelley Hunt-Smith, wrote in an statement posted to Facebook. "...They were out to destroy my daughter. [They] feel like my daughter 'made' their daughter gay."
They probably didn't have any trouble with them dating until the "sex" began but then lesbian consensual sex deserves to be treated differently than "consensual gay sex or consensual heterosexual sex. The only thing I can say to that is bullshit but then I believe in equal treatment under the law so equality rules.
How many young black males have had their lives altered forever because they were in a black-white love affair in Florida just like this except it was heterosexual? I can think of so many it is sickening and sadly many times the sex never occurred but if it did they violated the law. One could rewrite the law but how do you?
The simple truth is Kate had a relationship with a 15 year old girl when she was 18 which violated a Florida Statute and she was caught and is being prosecuted will be treated exactly the same as all the boys that did the same thing with girls who are or were underage.
The simple truth was as long as Kate was under 18 she was reasonably safe from prosecution and once her girlfriend reached 16 she would have been free from prosecution. The law was meant to protect younger and impressionable kids from being taken advantage of by older and more aware people. Do I feel sympathy for Kate? Of course I do but it is the same sympathy I would feel for anyone that made such a silly mistake but ignorance is not an excuse but maybe it is if you are a lesbian.
This was only prosecuted because the underage child's parents pushed the issue with the police which was their right. It was public knowledge they were dating but the key here is the age difference and the simple truth even if it is selective prosecution in a way it is the right of the parents to do so under Florida law and if the Prosecutor failed to do his job he would leave others open to abuse in a more heinous form.
A 14 year old girl is extremely vulnerable because she is becoming aware of herself and she is easy prey for a sly smile from an older boy or in this case an older girl. I believe the young girl was a freshman or a 9th grader and to be blunt no senior should go near her. The claims by Kate's parents that both families knew they were dating is credible but it was Kate's responsibility to be the adult and not have sex. Yes I know it is not easy and kids are doing it all the time but the kids are not 18 and 15 or 17 and 14 when they started because no parent with an iota of common sense would allow that and Kate's parents seem oblivious to the fact what her daughter did was illegal.
Florida does have a Romeo and Juliet law which could aid Kate in both prosecution and sentencing and could keep her off the sex registry which is important. The ambiguity of the Lewd and Lascivious law is quite broad and actual physical sex is not required to be in violation so that may or may not be relevant.
It is not selective prosecution because the Prosecutor is obligated by Law when notified of such wrong doing by a parent to do his job. There are some serious contradictions in the story. why would the underage child's parents supposedly allow them to date and then suddenly press charges? Is there such as thing as sudden homophobia? The other question is a little uglier and it involves Kate. Did Kate decide to take it to actual sex and did the underage child object after the fact?
Sometimes equality brings about some rights people do not want and this is the case here. Where is the outrage one would read about if this was a boy supposedly taking advantage of a young girl? Anyone that says anything is immediately a hater which is kind of odd since it is not the same for a heterosexual version of this kind of case.
Equality for gays and lesbians is very important and sometimes it means you get caught in the backlash of laws meant to protect the young from predatory advancements even when they are not predatory. We can not have it both ways where gays and lesbians are equal under the law only when they want to be equal under the law.
Even though I personally believe this is a silly prosecution it is a violation of the law by a stupid 18 year old who I am sure meant zero harm like every young man prosecuted by the same law that had their lives ruined for violation of this law. Sometimes being equal means getting screwed by the law like the rest of society and sometimes it means you get prosecuted like every one else that had charges brought against them in this kind of situation.
It is equal treatment under the law and sometimes the law hurts. Let us hope cooler heads rule and Kate gets a break but if cooler heads do not rule Kate made the mistake and in this case the law is blind to one's sex or sexual preference which is good almost all of the time unless of course one believes they are special and above the law.