Exactly how would it be applied on a "case-by-case basis"? The government sets up some program where one gets evaluated and determined as 'ready' or 'not ready'? Are courtrooms going to have trials based on something as arbitrary as whether the defendant was right or wrong in thinking the 14-year-old they had sex with was mentally mature enough to consent?
In fairness, we are only hearing this because of the gay aspect. Had this have been a boy, he would have been carted off to jail and no one, outside of the principles, would have ever heard about it. The article title and the petition is misguided. The petition does not ask the AG to ignore age of consent laws; it instead focuses on the same sex angle.
"In fairness", had this been a boy, the 15 year old's parents most likely wouldn't have run to the cops the day he turned 18. Otherwise, this would be happening... well, every day. I know when I was in highschool, plenty of seniors dated freshmen and sophomores.
In fairness, we are only hearing this because of the gay aspect. Had this have been a boy, he would have been carted off to jail and no one, outside of the principles, would have ever heard about it. The article title and the petition is misguided. The petition does not ask the AG to ignore age of consent laws; it instead focuses on the same sex angle.
Well, yes and no. She was 17 when the relationship began, and there was no crime at that time. According to the article, the day she turned 18, the other girl's parents had her arrested. While it's impossible to know for sure, the article is basically implying that they would not have done this if their daughters' newly-adult lover was a boy. So in practice, the real reason she was being prosecuted was because it was a gay relationship, even though technically you're correct that the "crime" was that she was an adult having a relationship with a minor once her 18th birthday hit. (Again, I'm just going by what her parents said according to the article and we can't turn the girl into a boy and have a do-over so there's really no way to prove or disprove this. If they believe that's why this happened, I take them at their word.)
It could be suggested that the parents wouldn't have done this if it wasn't a same sex relationship.
When charges like this are brought by outside parties, and not the "injured" party, it seems pretty reasonable for there to be a determination as to whether or not the outside parties are acting in the "injured" party's best interests.
In other words, if you have an 18-year-old and a 15-year-old who both insist what they did was consensual, the 15-year-old can demand to be examined to determine whether or not she is considered competent to enter into a contract (consent). If not, well then obviously her parents can do whatever they want on her behalf. This is all theoretical and idealistic, though, as our court system tends to think anyone under a certain age is a child, and hence even if you're 2-3 years apart one party is having "sex with a child."
She was charged with two felony counts of lewd and lascivious battery on a child 12 – 16 years of age.
"In fairness", had this been a boy, the 15 year old's parents most likely wouldn't have run to the cops the day he turned 18. Otherwise, this would be happening... well, every day. I know when I was in highschool, plenty of seniors dated freshmen and sophomores.
And I'm not willing to completely dismiss the parents' claim that the older girl "taught" her homosexuality.
How do you know that? If the parents didn't like the boy and they wanted an excuse to have him arrested, that would certainly be one way to do it. In fact, I wouldn't be surprised if this has already happened numerous times that weren't in the news.
Lower the age of consent to 13.
I wouldn't be willing to completely dismiss the 18 year old girl's claim that the 15 year old 'taught' her homosexuality, if she were to make it.. though that might be kind of an embarrassing statement for her to make, but I guess I wouldn't be surprised if the 15 year old is the one who came onto the older girl.
And I'm not willing to completely dismiss the parents' claim that the older girl "taught" her homosexuality.