13-year-old girl charged as both sex offender and victim
Categories: Teens & tweens, Safety, Development
A 13-year-old Utah girl is facing unusual legal action in a court case that has reached the Utah Supreme Court. The girl is being charged as both a sex offender and a victim due to having sex with her boyfriend, who is 12. The problem started when the two minors had sex, which is illegal in Utah. State law says that no one can have sex with a minor under the age of fourteen, which includes other minors as well. The law states that 16 and 17-year-old teens can have sex with others in their age group without it being a crime. Teens who are 14 and 15 can have sex with their own age group, but can be charged with unlawful conduct of a minor.
The act occurred in 2003 when the children had consensual sex and the girl became pregnant. Charges were filed and that's where the problems began. Her boyfriend was also charged and found guilty of breaking the sex with a minor law.
The problem is that Utah made this law to send a message to young people that they should not have sex. They feel that by prosecuting the children that do have sex, they are stopping kids from doing the same thing in the future. But, come on, do they think that by enacting laws that these kids are not going to have sex?
Instead of teaching children to abstain or to at least teach them to protect themselves, they are going for blood. What is the result? That she can get labeled a "sex offender" for the rest of her life for a consensual act from when she was 13?
And how can one be both a victim and an offender? Wouldn't that make it....consensual?
What is your take on this issue? Should the children be charged with a crime for having sex?
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Reader Comments (Page 1 of 2)
Trisha 12-07-2006 @ 4:33PM
Wellllll.
NO, I don't think she should be charged with either. I'm from Utah, I don't live there now though. It always seemed to me to be one of those laws that was in place but not really enforced. Looks like her parents are the ones to blame for getting the law actually enforced.
I think it's a law for good reason, but yeah, maybe they are "going for blood." Her being labeled as a "sex offender" would be horrible and not to mention VERY unfair. They were the same age for all was concerned to them- probably in the same year of school, a few months difference with b-days never meant much to us as kids. But anyway, that's not the point. Point is that I think the whold affair has gotten WAY out of hand.
It was consensual, but that dosen't make it right. I think there's something to the law. But like any other law, some obey the law because it's a law and others never will. Dosen't mean you shouldn't have a law because some will break it no matter what. There are efforts to educate and help teens (pre-teens) to understand the consequences of sex and to understand how to have safe sex. But even those don't work a lot of the time.
Ok, so the law is not a bad law, it's meant to be a help but there should be a lot of other help going on to.
At the end of the story, I just makes me think- poor kids who got so messed up in this crazy story. I think the courts and parents involved should be going for damage control now.
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BrookLyn 12-08-2006 @ 9:01PM
ok ... umm i deff. do not get why its soo wrong. sure they are pretty young but 12-13 is Jr.High ( they're growing up )jeeze.(A little off topic but my aunt & uncle are like 10yrs. apart). You cant stop the world from having "under-age" sex. That will just make us want to have sex just to rebel against this stupid act, seriously i think i would do the same * Stand Up For What You Believe In. *
Peace
~BrookLyn (age 13)
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Ari 12-07-2006 @ 4:42PM
I think this is ridiculous. Instead of charging and labeling her and other children, I think they should educate them on abstinence as well as protection. People nowadays are concerned with pregnancy but what about STD's? That just doesn't seem important enough anymore.
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Johnny 12-07-2006 @ 5:07PM
STUPID of Utah to charge both as sex offenders. Even though there is no such thing as "consensual sex" between minors, charging them is a waste of time and money. Counseling is best, yet another is to ensure the father of the baby pays child support in some way or another. That in itself for a 12 year old dad is rather unreal. Instead, make the PARENTS pay for the childs welfare. Charging the kids for having sex? STUPID!
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karyn 12-07-2006 @ 5:29PM
ARE YOU ALL FREAKING KIDDING ME? BIG DEAL ABOUT THE DUMB LAW! KIDS AT 12 YRS OLD SHOULD NOT BE HAVING SEX AT ALL!!!! PERIOD!
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Laury 12-07-2006 @ 5:39PM
I have to agree with Johnny that is is indeed stupid and damaging to label both children as sex offenders and I also agree that the parents should be held responsible. It is the parent's whos job it
is to make sure, first of all, that the kids are not in that kind of relationship at that age and, second, that the children understand the consequenses of their actions (legally, physically AND emotionally).
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cousin rob 12-07-2006 @ 5:45PM
In my opinion, the real crime here was commited by the parents of these kids. What the hell are they teaching them? Where are they when their 12 and 13-year old children are having sex? This sort of behavior is not meant to be dealt with by the courts or the state, this is a parenting issue, 100%. Although, to be fair, many people are such shitty parents that the courts and state have to step in somehow...these kids' parents seem to be an example of that. Regardless, the state shouldn't be tossing around labels like "sexual offender" where little kids are concerned. No one should be dogged for life over anything they did at 13.
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james 12-07-2006 @ 5:48PM
THIS IS THE MOST RIDICULOUS LAW IVE EVER HEARD. I MEAN WHAT KIND OF COUNRTY DO WE LIVE IN WHERE TWO PEOPLE CANT HAVE SEX? THATS CRAZY. 13 YEAR OLD KIDS DONT CARE ABOUT LAWS. THEY ARE GOING TO HAVE SEX WHETHER THERE IS A LAW OR NOT. DOES ANYONE KNOW WHAT UR HORMONES ARE LIKE WHEN UR 13? OBVIOUSLY THEY ARE THAT WAY FOR A REASON. ITS CALLED HUMAN NATURE PEOPLE! WE ARE ANIMALS GET USED TO IT!!
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aalize 12-07-2006 @ 5:57PM
I feel so bad for those poor kids. they made a mistake and now have to make the best of it. that poor unborn child too! it's just sex!!! they have been irresponsible but that is their only crime - along with most adults. those poor kids must be feeling so humiliated and violated to be treated in such a public finger pointing 'you are evil' way. i hope they come out of it okay.
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FRED 12-07-2006 @ 6:12PM
I'll bet all the child molesters love this story. Maybe they should put the two kids in prison for life. That might deter other kids from making the same mistake. Utah has some pretty crazy laws when it comes to children having sex. Look at the bright side of the story, at least it wasn't gay sex!
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Sue Moran 12-07-2006 @ 6:16PM
I do not think they should be charged, what's done is done. What good is it going to do to charge them? Now it's time to teach them to be parents, educate them and support them.
I don't agree with blaming the parents. People always blame the parent, but the truth of the matter is, no matter how much education you teach them, the choice is theirs.
I wish these kids luck.
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Bri 12-08-2006 @ 9:27AM
Kids are going to have sex regardless. And if they know something can happen to them they will sneak and do it then the problems becomes worser because it will be a greater risk of STD's. And when did pregnacies become more life threatning than AIDS or herpes
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Go To Prison and you Will have Sex 12-07-2006 @ 6:29PM
These kids are going to go to prison and then they are going to have plenty of sex. Everyone knows that there is all kinds of sex in prisons. What will you get from punishing these kids for having sex? 2 kids that become victimized in prison and become child molesters when they get out of prison. Let them have sex. Its better then them having sex with their brothers and sisters or Uncles and Aunts. Send a message to the other kids, do it but be careful and dont get caught.
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Leave them Kids Alone 12-07-2006 @ 6:41PM
You Brand thes Kids Sex Offenders? That will stick with them for the rest of their lives. Then what the hell, they might as well become sex offenders. Stupid Laws like these need to be changed. These kids knew they were having sex, but you give them community service or something, not ruin their lives with a Sex Offender tag. Sex Offenders are RAPIST'S and CHILD MOLESTERS, not kids expermenting.
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Beverly Campbell 12-08-2006 @ 3:16AM
What is wrong with this country and the people in it? We are so quick to judge. The parents are at fault? Come on people. At twelve & thirteen they will find a way to do what they want to do. Where is grace in our society? Certainly it is a travesty for the children, but to label them for life is not smart. We can't legislate morals. All of the parties involved need counseling, that's for sure. The religious right, no matter what denomination, want to legislate everything. That won't work either. Education, and a lot of it, is the answer. And when that doesn't work we need to be about helping our brothers & sisters, not pointing a finger at them.
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Telling it like it is 12-07-2006 @ 6:50PM
no she shouldn't be charged and being 12 and 13 is around the same time so this rule needs to be re-examined and changed. This is an opportunity to help other children by teaching them about protecting themselves. Some children will not have sex but some still will and that is where punishing her a sex offender is not correcting the underlying issue. Do not destroy this young girls life and label her a sex offender because it will only cause a chain reaction in her life. She is too young to be abused like this from the law. The law is supposed to heal her not destroy her life. I think that there is some sort of barbaric reasoning in this story which is not the wave of our future. The story is barbaric in terms of humanity and kindess. Did she keep the baby? If so, the child is going to grow up in a world knowing it was created with it's Mother as a sex offender. This is way too much for a child to find out and can destroy and innocent life. Why can't people just help them and allow everyone to live in peace. For crying out loud, she is a child and now everyone is setting up a new life for a fall... sick i tell you!!!!!
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Elliott Adams 12-07-2006 @ 6:58PM
I think Utah officials need to catch up with the rest of the world. Teaching kids about safe sex would be a lot better than branding someone as a predator for the rest of their life.Especially in a case like this one. Some of the rules now confuse even the parents,so how are the youngsters suppose to know where to turn?
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Amy 12-07-2006 @ 7:02PM
The state of Utah has got to wake up and realize that kids are kids and will do what they want regardless of if it is a law or not. I do believe the parents should be held somewhat responsible but to lable these two kids "sex offenders" is just plain wrong. That stays with you for life and there is no getting rid of that lable. They will have a constant reminder with the child without the offender lable. Wake up Utah...kids will be kids law or no law.
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paula 12-07-2006 @ 7:29PM
Kids experimenting? Kids acting out? Whatever the case. Where were the parents? And how about making it a crime to have sex with anyone who you aren't married to? yeah..then maybe those who actually are adult and know better, can set the example for the children of our state. Lets put all the cheaters, and fornicators, on the sexual offender list, after all they should be the ones who know better.
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AMG 12-07-2006 @ 7:41PM
these kids made grown up descions and are going to have to pay for their choices for the rest of their lives. WAKE UP UTAH! They are KIDS! wonder how many that you have on death row waiting to be executed for REAL crimes! Or has that state abolished the death penality. Dont we have more important things to worry about in this country?? After all people like Bill Clinton says this behaviour is just fine. What about all of the illegal alien babies being born here on a daily basis because of our piss poor border control!
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