13 yr old girl, charged as sex offender and victim

[Morg]

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Girl, 13, charged as sex offender and victim
By Pamela Manson
The Salt Lake Tribune
Article Last Updated:12/06/2006 01:12:35 AM MST

Salt Lake City - Utah Supreme Court justices acknowledged Tuesday that they were struggling to wrap their minds around the concept that a 13-year-old girl could be both an offender and a victim for the same act - in this case, having consensual sex with her 12-year-old boyfriend.

The Ogden, Utah, girl was put in this odd position because she was found guilty of violating a state law that prohibits sex with someone under age 14. She also was the victim in the case against her boyfriend, who was found guilty of the same violation by engaging in sexual activity with her.

"The only thing that comes close to this is dueling," said Associate Chief Justice Michael Wilkins, noting that two people who take 20 paces and then shoot could each be considered both victim and offender.

And Chief Justice Christine Durham wondered if the state Legislature had intended the "peculiar consequence" that a child would have the simultaneous status of a protected person and an alleged perpetrator under the law.

The comments came in oral arguments on a motion asking the high court to overturn the finding of delinquency - the legal term in juvenile court for a conviction - against Z.C., who became pregnant after she and her boyfriend engaged in sex in October 2003.

State authorities filed delinquency petitions in July 2004, alleging that each had committed sexual abuse of a child, a second-degree felony if committed by an adult.

The girl appealed the petition, saying her constitutional right to be treated equally under the law had been violated.

Her motion noted that for juveniles who are 16 and 17, having sex with others in their own age group does not qualify as a crime.

Juveniles who are 14 or 15 and have sex with peers can be charged with unlawful conduct with a minor, but the law provides for mitigation when the age difference is less than four years, making the offense a misdemeanor.

For adolescents under 14, though, there are no exceptions or mitigation and they are never considered capable of consenting to sex.

A juvenile court judge denied the motion by Z.C., who then admitted to the offense while preserving her right to appeal to a higher court. The boy did not appeal.

The Utah Court of Appeals last December upheld the judge's refusal to dismiss the allegation, saying the law's "rigorous protections" for younger minors include protecting them for each other. Z.C. then appealed to the state Supreme Court.

At Tuesday's arguments, Matthew Bates, an assistant Utah attorney general, argued the prosecution of the girl was not unreasonable. He said the statute in question is designed to prevent sex with children who are 13 and younger, even if the other person is in the same age group.

By passing that law, legislators were sending a message, Bates said: Sex with or among children is unacceptable.

Randall Richards, the girl's attorney, argued that prosecuting children under a law meant to protect them is illogical.

"A child (victim) cannot also be a perpetrator in the exact same act," Richards said.

The Utah Supreme Court will issue a ruling later.

 

[Kritish]

That is the most asinine thing ever, she's thirteen she's not some creepy old man trying to bum rape little boys. I would expect even Utah to be smarter than this.

 

[OverMyHead]

Meh. Let them kill each other.

This world does not need anymore ******s then there already is.

 

[Mr Sparkle]

ahahahahahahaha!
yeah, running theme from yesterday.
for those of you just tunning in.


there is NO god.

that is all.

 

[jaguarr]

What the Fu.....oh....it's in Utah. Never mind.

jag

 

[Mr Sparkle]

Meh. Let them kill each other.

This world does not need anymore ******s then there already is.

is "kill" some new slang for ****?
if so, this guy on the freeway was totally coming on to me.

 

[Assassin]

sucks to be them

 

[Jolie_Desastre]

when are people finally going to get the fact that quite a lot of today's teens know about, and know how to engage in....*gasps* sex!?

 

[Kritish]

when are people finally going to get the fact that quite a lot of today's teens know about, and know how to engage in....*gasps* sex!?

What kid these days doesn't know how to have sex at that age?
Maybe Pat Robinsons kids...

 

[Assassin]

when are people finally going to get the fact that quite a lot of today's teens know about, and know how to engage in....*gasps* sex!?

its a sad sad world.

 

[Asteroid-Man]

Exactly what I was thinking Jag!
(about the "oh its Utah" thing)

 

[Jolie_Desastre]

What kid these days doesn't know how to have sex at that age?
Maybe Pat Robinsons kids...

poor kids,
Other parents: have a great day at school love you bye!t:

pat robertson: have a great day at school, any kid who doesn't say the pledge of allegiance is a sinner, praise white jesus, love you bye!t:

 

[Darthphere]

Damn 12 year old boyfriend? Good lord theyre starting early.

 

[terry78]

Hell, even if the guy was 13 and she was 12, I'd still say they were idiots.

 

[user123456789]

I would expect even Utah to be smarter than this.

hahaha.

 

[Abaddon]

She's a craddle-robbing ****e!

 

[Kritish]

poor kids,
Other parents: have a great day at school love you bye!t:

pat robertson: have a great day at school, any kid who doesn't say the pledge of allegiance is a sinner, praise white jesus, love you bye!t:

Dear white male god, we praise you and pray that you will keep our kids from sex and colored people.

 

[The Amazing Lee]

I am disappointed by this thread.

I thought this would be a thread about how she raped herself, usig her own hand.

 

[Lackey]

I want to get in on this action

 

[The Amazing Lee]

I want to get in on this action

In and out.

In and out.

flex.

In and out.

 

[enterthemadness]

Look,...there has to be a age in which you can do it. They are too young to be doing something like this. They'll get what is coming to them. Seriously...they are just kids. They don't know if they love each other.

 

[Addendum]

t: oral arguments t:

 

[The Amazing Lee]

Yeah I saw that.

I was like...Jeez, talk about inappropriate use of words.

 

[Assassin]

She's a craddle-robbing ****e!

you're just jealous that she got to him first

 

[Jolie_Desastre]

Dear white male god, we praise you and pray that you will keep our kids from sex and colored people.

haha