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View Diary: Florida teen brought up on CRIMINAL charges for same-sex relationship (238 comments)

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  •  15-yr-old's parents seem to have law on their side (1+ / 0-)
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    The age of consent in Florida is 18, but close in age exemptions exist. By law, the exception permits a person 23 years of age or younger to engage in legal sexual activity with a minor aged 16 or 17.
    Florida Law (Section 800.04, Florida Statues) regarding lewd and lascivious behavior carries a mandatory sentence. This law has turned many teenage boys into sexual offender. If there is physical contact....not sexual intercourse (battery)...between a girl under 16 and a boy 16 or over, The girl or her parents can charge the male and have him arrested. Consent is not considered, just the ages of the participants.
    the question is: would they have invoked this law if the 18-yr-old had been a male??? how many parents in Florida have 18-yr-olds or 16-yr-olds, for that matter, arrested under these laws???

    “Twenty years from now you will be more disappointed by the things that you didn’t do than by the ones you did do.” - Mark Twain

    by pfiore8 on Sun May 19, 2013 at 12:59:32 AM PDT

    •  Even under 18 (2+ / 0-)
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      aitchdee, burlydee

      In Florida it would be a felony if both were 15.  Two 15-year olds engaged in petting would be committing a felony under that statute.  The only difference with over 18 is that the penalty is up to 15 years  (2nd degree) wheras if the offender is under 18 it's up to 5 years (3rd degree).  

      Needless to say, anytime this is actually enforced we must have a case of selective enforcement.  But we do have some crazy laws in Florida.  

      •  exactly... crazy laws. (3+ / 0-)
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        aitchdee, acerimusdux, DarthMeow504

        i think the real issue is this:

        This law has turned many teenage boys (and girls) into sexual offender.
        i don't think it's wise to attack the parents for their beliefs or parenting, but attack the law for being a bad law because it can be weaponized and unfairly administered.

        going after the parents only deepens an already gaping divide. it might be helpful to move from the personal to the issue itself...

        as mentioned in one the diarists updates:  it doesn't matter if the accused is gay, white, black, hispanic... these kinds of laws are dangerous and trample on the civil rights of us all.

        “Twenty years from now you will be more disappointed by the things that you didn’t do than by the ones you did do.” - Mark Twain

        by pfiore8 on Sun May 19, 2013 at 02:33:01 AM PDT

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        •  Crazy law?? (1+ / 0-)
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          When did stat rape become a "crazy law"?  The teen wasn't brought up on charges for being a lesbian, she was brought on charges for STAT RAPE.

          Something this site is usually opposed to.

          Minority rights should never be subject to majority vote.

          by lostboyjim on Sun May 19, 2013 at 08:42:05 AM PDT

          [ Parent ]

          •  This site usually conceives of statutory rape (3+ / 0-)
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            lostboyjim, acerimusdux, pfiore8

            as involving large age differences (e.g. the FLDS cases). In reality, there's a HUGE difference between that and two high school kids making out or even going all the way.

            I suspect the people who are most vocal about lumping everything together are survivors of genuinely predatory behavior and have developed PTSD triggers involving anything to do with sex and adolescents.

            Sometimes truth is spoken from privilege and falsehood is spoken to power. Good intentions aren't enough.

            by ebohlman on Sun May 19, 2013 at 12:42:11 PM PDT

            [ Parent ]

          •  Yes they are crazy laws (1+ / 0-)
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            First off, they aren't "statutory rape" laws in Florida.  The charge here is lewd or lascivious battery.  

            But the whole idea that consensual sex with a minor should be treated the same as violent non-consensual sex is also crazy.  That doesn't mean it should be legal, just that it isn't the same kind of crime and doesn't warrant the same treatment.  

            In addition, the idea that consensual sex between two minors is a felony is also crazy.

            Some other Florida laws:

            Consensual sex with a minor under 12 is punishable by death.
            Molestation of a minor under 12 is punishable by life imprisonment.
            Adultry is a misdemeanor.
            Lascivious cohabition of an unmarried couple is a misdemeanor.
            Advertising or publishing information as to where an abortion may be obtained is a misdemeanor.

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