Monday, May 27, 2013

Florida teen rejects plea deal in underage same-sex case

Most of you should be familiar with this case but in case you are not, it is , in a nutshell this:  A seventeen year old girl began a sexual affair with a 14 year old girl but affair the girl turned 18, she was arrested and charged with a sex crime.  She was offered a deal of, I believe, two years of electronic monitoring and has to register as a sex offender.  If convicted she faces at least 5 years in prison. 

She thinks she did nothing wrong and she also believes that the few months the affair continued after she turned 18 should be no big deal since it wasn't a crime before she turned 18.  Unfortunately her thinking is askew in this matter.  The day before you turn 16, you can't drive.  The day before you turn 18 you can't be drafted (if there was still a draft).  The day before you turn 21 you cannot legally drink. 

The law is clear:  if you are over eighteen and your lover is more than three years younger than you then you have committed a sex crime.  Legally   you are an adult having sex with a minor.  What if she was 16 and three months and she went to obtain her driving privileges and the state said "Well, you are just a few days over 16 so that doesn't matter so we are not granting you driving privileges.  I'm sure too her those days over 16 would be a big deal.  They either are or are not so laws are made so everyone would know what is and is not acceptable. 

As much as she feels she did nothing wrong she did do something wrong and her feelings do not matter:  it is the law that matters.  We have laws to protect the innocent.  The girl thinks she should be innocent.  She isn't but the jury may find her so out of sympathy.  I wouldn't bet on it.  Of course the jury may decide that the law is stupid and decide to ignore the law, which is also the jury's right.  But that isn't likely to happen either.  I've never heard of it happening although for many years judges would instruct the jury to first judge the law then judge the accused. 

As hard as it is for this young women to accept her punishment, it is better that she accept the plea deal and avoid jail.  That's even hard to suggest but it is really best for her. 

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