Kiss The Girls

And make them cry:

Kaitlyn Hunt, an 18-year-old high school student in Sebastian, Fla., is facing charges and has been expelled from school for having a same-sex relationship with a 15-year-old classmate, CBS Tampa Bay reports.

Hunt is charged with two counts of lewd and lascivious battery of a child 12 to 16 years of age after the other girl’s parents called authorities when Hunt, a senior at Sebastian River High School, turned 18, according to the station.

Basically, a 17 y/o girl was in a relationship with a 15 y/o, which is legal. Once she turned 18, however, the family called the cops. She is now facing up to 15 years in prison. Or she could plead to lesser felony, be under house arrest for two years. It’s not clear if she would have to register as a sex offender, but I’m guessing that would be the case. Either way, it would be ruinous toward any ambitions she has with her life.

Yeah, yeah, I know. “Hey, she violated the law!” But the intent of the law is to prevent a grown person from sexually battering someone under 16 against their will. It is not intended to suddenly throw a girl into prison for a consensual relationship that was perfectly legal the day before and, as such, is rarely enforced that way. This is not the first time, it is not the hundredth time we have seen this: police, prosecutors and parents using the letter of the law to defeat the spirit of the law in an effort to destroy a relationship they do not approve of. In this case, it has the added flavor of the parents thinking Kaitlyn “turned their daughter gay”. And I’m sure that is playing a role in this. But the principle would be the same even if this were a straight relationship.

Prosecutors have discretion. This one is misusing it.

Update: Via some discussion over at Volokh, I find this article about Florida’s Romeo and Juliet statute that could allow Kaitlyn, if convicted, to eventually scrub her sex offender status. But it is discretionary. And it would not remove any felony conviction.

Comments are closed.

  1. Mississippi Yankee

    My youngest grand-daughter graduated from that school last year and seems quite well informed of this situation. I spoke to her after reading your post.

    By her account Kaitlyn Hunt knew exactly what would happen if she continued this relationship with a 15 year old girl… and did so willingly and willfully. The minor’s parent had made their intentions very clear. “Stop screwing our 15 year old daughter” I’m willing to bet many folks might have felt the same way even if their daughters were in hetrosexual reltionships too.

    So by my estimation we have Hal, once again, wiping his ass with the “Rule of Law” because he personally disagrees with it’s outcome.

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  2. Starving Writer

    Any law where it’s perfectly legal the year before, and perfectly legal the next year, but suddenly illegal one particular year due to an arbitrary number is an inane law. Period.

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  3. Ed Kline

    So by my estimation we have Hal, once again, wiping his ass with the “Rule of Law” because he personally disagrees with it’s outcome.

    Right…because Hal had the exact same information your grand-daughter imparted to you…
    Bottom line MY, does this girl belong in prison for up to 15 years? Does she belong on a sex offender registry for the rest of her life? Should the prosecutor use his or her discretion to not let the 15 year old’s parents use the law as a cudgel? Does the 15 year old have any culpability in this? Because it sure looks like the parents lost control of their kid. Does this look like the same sex aspect of this relationship is a part of the reasoning behind the charges being brought by the parents, and if so, is that ok with you? Seriously what’s your answer to these question?

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  4. Miguelito

    What’s bugged me about this one is some people are trying to pass this off as more proof of persecution of gays. That really has nothing to do with the application of the law. Sure, the the parents of the one girl called at least partly because they didn’t like the relationship, but hetero couples have been screwed (usually the guy) over this stuff for years. So NOT following the law would be treating her unequally really.

    I do think most of the statutory rape laws of this type are pretty stupid. I get the point of not wanting adults to take advantage of kids, but when you’ve got a law where you can have sex, wait a few hours past midnight of one’s 18th birthday, have sex again; one’s legal and the other isn’t, well that’s just stupid.

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  5. Hal_10000 *

    Miguelito, I agree and disagree. I agree that straight couples have been prosecuted under this before. But it has become rare and is usually used, as I noted, when the parents disapprove of the relationship.

    Wiping my ass with the rule of law? There are so many laws on the books that if we rigorously enforced them, we would all be in prison. So we end up in precisely this situation — arbitrary enforcement of laws against people the government has decided to go after. All that someone in authority has to do is decide they don’t like you and BOOM, you’ve violated three or four laws.

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  6. Thrill

    If there’s any issue with gay relationships, then blame the parents instead of the law. They have every right to decide what is best for their daughter until she’s 18. I can’t say this is exactly how I’d go about it, but it’s their kid and their decision.

    If you’re banging a teenager and his or her parents don’t want you banging him or her (and I have no doubt that this must have been communicated by the parents in some way) and it’s illegal for you to bang him or her in your state; you’d best stop banging said teenager or face the consequences.

    You can argue that the law shouldn’t be applied under these circumstances, but I see no reason why it should be ignored just because the suspect happens to fall in a class of people that the media is sympathetic for.

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  7. Dave D

    Incrementalism in reverse, sort of. Say a 21 year old dates and screws a girl who is just 2 days shy of her 18th Birthday. Is this guy a child molester? 3 days before? 1 montyh before? Where do you draw the line, moral incrementalists? And you know for SURE at 15 that you are gay? Man, that is early. I wasn’t sure I liked sex at that age. Wanted tobe a priest.

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  8. Seattle Outcast

    Prosecutors have been doing a lot of this type of BS over the last decade or two to make a name for themselves. The number of people (nearly all men) who are registered sex offenders because they were screwing their girlfriend two days after he turned 18 and her parents hated him for no specific reason, other than that their daughter couldn’t keep her panties on in his vicinity, is in the dozens. Lives are ruined, and frequently the ONLY person who thinks that the prosecution was just in the prosecutor.

    Jury nullification was invented for this sort of BS – it should be used more often.

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  9. Thrill

    Well, look at this. I found the arrest affidavit.

    It says that Ms. Hunt fingered the girl (who was 14 at the time) in the school restroom. An 18 year old committing sexual acts on a minor on school property? Yeah, I have a problem with that. Selective prosecutions that target gays may happen, but this isn’t one of those.

    I would not suggest planning to die on this particular hill, LGBT sympathizers.

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  10. Ed Kline

    An 18 year old committing sexual acts on a minor on school property?

    We’ve got to stop with this idea that an 18th b-day is some magic number where teenagers who think they are in love are suddenly imbued with common sense. This is a Romeo errr Juliet and Juliet thing. Second who the hell cares about the location. It’s somehow worse or more illegal on school property? She wasn’t a fucking teacher. I fingerbanged plenty of girls on school property back in junior high and high school. Got a few hummers too. In the pursuit of trying to make sure some lascivious adult doesnt seduce our 14-17 year old daughters, we’ve criminalized an entire class of typical teenage relationships wherein we allow the parents of the supposedly abused teen to use the law as a weapon. This would be a travesty in a heterosexual relationship as well.Laws that allow a 17 year old to bang a 14 year old, and then make it a felony because they had a b-day are badly written and ill-concieved. SO is right, this is what jury nullification was made for.
    Lastly, while I won’t call Thrill or MY a prude ( cause I dont have any idea if they are). this country is chock full of puritanical assholes that would love nothing more than to criminalize any sex act out ofside of heterosexual marriage, and they are oftimes in positions of power ( prosecutors, cops, ) where they can selectively prosecute.

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  11. Ed Kline

    Another thing. This whole, ‘hey they knew the risk and broke the law so fuck em’ attitude is a big contributing factor to why we have over 1 million non-violent, non-theft related offenders in jails and prisons. It costs a fucking fortune, and maybe as a country we could do with a little less sanctimony and maybe a little more understanding. This would happen a lot less if so many of us werent engaging in an exercise of smug superiority when they hear about it. Lest someday it’s someone you love caught in the crosshairs of an overzealous prosecutor, cop or parent who is suddenly in a postion of too much power.

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  12. Thrill

    Ed, age of consent is a matter of statutory law, determined by individual states. Some states are more reasonable than others (mine would not regard this case as being a crime at all). If you hate that, great, fine. I don’t know if you think there should be defined line of when it’s okay to screw a youth and when it isn’t or not or where you think that line should be if you do, but that’s up to you.

    For this case, it’s a clear violation of the state’s law. I do feel sorry for Kaitlyn Hunt. She is young and probably a bit dumb and certainly made bad decisions. However, I don’t see what else she can do besides take the offered plea deal and avoid jail time. She knew full well it was wrong to engage in sex acts with a 14 year old at school, regardless of how dumb she may be.

    The media is running with the anti-gay narrative as fed to them by Kaitlyn’s mother and the left-wing blogosphere and effectively smearing the victim’s parents and demanding non-enforcement of the law because of “gay rights and equality and stuff.” It’s all bullshit. This was a crime and the prosecutor has already offered a deal that keeps Kaitlyn out of prison. Her parents need to shut the fuck up and let her either take the plea or throw the dice on jury nullification.

    What we should be able to agree on here is that this is not demonstrably a case of anti-gay bigotry. Parents ought to be able to send their minor offspring to school without wondering if they’re getting fingerbanged in the restroom by an adult–student or teacher. When that happens and it violates the law, it is appropriate to punish the offender. What should NEVER be appropriate is choosing not to charge simply because the suspect is in some sort of protected class. That is what I find so offensive about the reporting of this matter.

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  13. Thrill

    I need to make one correction:

    Some states are more reasonable than others (mine would not regard this case as being a crime at all).

    Sorry, that’s not correct. My state would regard this as a crime. I took the time to double-check. However, a 20 year old would be able to have a sexual relationship with a 17 year old. So that’s a BIT looser.

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  14. Hal_10000 *

    And you know for SURE at 15 that you are gay?

    Actually, with girls, there tends to be a bit more fluidity in their sexual identification, especially at younger ages. I’d get shit from any lesbians who read this, but it’s true. A lot of girls I knew who were lesbian or bisexual ended up married to dudes.

    Thanks for the affidavit, Thrill. I’ll have to see if the facts bear out those alleged in the affidavit. However, it does appear, based on that, that the acts, at least, happened well after Kaitlyn’s 18th birthday (in August). Note also that the victim ran away from home to be with Kaitlyn. it doesn’t indicate (as Kaitlyn’s defenders claim) that the relationship existed before she turned 18.

    May have jumped the gun on this one. But I still think putting this girl on a sex offender registry or convicting her of a felony would be ridiculous.

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  15. Seattle Outcast

    An 18 year old committing sexual acts on a minor on school property?

    Well, I guess you can prosecute me for all the blowjobs I got behind the lockers from my girlfriends….

    When did we get so prudish and condemning of typical teenager behavior? High school kids get busy at school because 1) That’s where they spend most of their time, 2) raging hormones don’t take a fucking rest, and 3) the judgment of anyone that age is highly suspect, even with the most “mature” of them.

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  16. Miguelito

    But I still think putting this girl on a sex offender registry or convicting her of a felony would be ridiculous.

    Exactly as it would be for a man in a similar situation.. hetero- or homo- relationship.

    Honestly, those crying for LGBT “equality” should really be arguing FOR prosecution if a hetero couple in the same situation would have the same issue in the same situation, not fighting for a 1-off just because she happens to be a lesbian. Or they should be arguing against the law in general, not just as it applies in this case.

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  17. Mississippi Yankee

    Bottom line MY, does this girl belong in prison for up to 15 years? Does she belong on a sex offender registry for the rest of her life? Should the prosecutor use his or her discretion to not let the 15 year old’s parents use the law as a cudgel? Does the 15 year old have any culpability in this? Because it sure looks like the parents lost control of their kid. Does this look like the same sex aspect of this relationship is a part of the reasoning behind the charges being brought by the parents, and if so, is that ok with you? Seriously what’s your answer to these question?

    Mr. Ed, as I wrote in my initial comment ;
    “Kaitlyn Hunt knew exactly what would happen if she continued this relationship with a 15 year old girl… and did so willingly and willfully.”

    There is a plea deal on the table.

    In the case of a 14/15 year old and an 18 year old all culpability falls to the adult.

    Hal,

    it doesn’t indicate (as Kaitlyn’s defenders claim) that the relationship existed before she turned 18.

    May have jumped the gun on this one. But I still think putting this girl on a sex offender registry or convicting her of a felony would be ridiculous.

    According to eye-witnesses (my grand-daughter) this relationship began while on the basketball team BEFORE Kaitlyn Hunt’s 18th birthday. But if you want to disbelieve this portion of the narrative then your whole “one day I can finger-bang a minor then the next day I can’t” argument goes out the window.

    You didn’t jump the gun on this one, you simply tried to make it a part of the progressive agenda due to it’s lesbian aspect but it’s starting to blow up in your face. Stuff like that happens when we try to pick-n-choose which laws are appropriate after the offense has been committed.

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  18. Thrill

    I wouldn’t expect the affidavit to mention whether they had sex before Kaitlyn was 18 or not. It doesn’t matter either way.

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  19. Kimpost

    Stupid law so get it changed. Meanwhile prosecutors should do everything to let cases like these slide.

    (Age of consent is 15 in Sweden, in case someone wonders)

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  20. Hal_10000 *

    According to eye-witnesses (my grand-daughter) this relationship began while on the basketball team BEFORE Kaitlyn Hunt’s 18th birthday. But if you want to disbelieve this portion of the narrative then your whole “one day I can finger-bang a minor then the next day I can’t” argument goes out the window.

    That’s what I was saying. The affidavit doesn’t say either way.

    Honestly, those crying for LGBT “equality” should really be arguing FOR prosecution if a hetero couple in the same situation would have the same issue in the same situation, not fighting for a 1-off just because she happens to be a lesbian. Or they should be arguing against the law in general, not just as it applies in this case.

    Possibly. I think the LGBY angle is a distraction from a bad law and the desperate need for a Romeo-and-Juliet provision.

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  21. Thrill

    Meanwhile prosecutors should do everything to let cases like these slide.

    No, Kimpost. That would be wrong and an unforgivable dereliction of duty. Prosecutors don’t make laws. They are obligated to zealously enforce them. In any case, they are already powerful enough as it is without the power to choose which laws should exist and which shouldn’t.

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  22. Hal_10000 *

    That’s true, Thrill, but prosecutors do have to use some discretion. As I noted above, they can’t literally prosecute everything or we’d all be in prison. At some point, they have to exercise some judgement. They certainly are fine with using their discretionary power to *expand* the reach of the law. We had a prosecutor here in PA who went after some grandma for kiddie porn because she had pictures of her granddaughter in the bath.

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  23. Mississippi Yankee

    Stupid law so get it changed.

    Perzactly!
    Get it changed, if you are able, not enforce only the ones that annoy ones progressive sensibilities.

    Kimpost I thought you froze to death… welcome back you ignorant slut!

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  24. Thrill

    At some point, they have to exercise some judgement.

    Of course. Prosecutors are far too powerful. Think about Nifong or even Angela Corey.

    However, I maintain that the more evidence we have learned about THIS case today, the more appropriate the prosecutor’s discretion appears.

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  25. Mississippi Yankee

    He’s been knee-deep in 15 year olds.

    And I see from the news they are all 15 year old radical islamist… with matches in their hands and jihad in their hearts.

    Keep your head down kimpost!

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  26. AlexInCT

    He’s been knee-deep in 15 year olds.

    Boys, girls, dead boys, or dead girls?

    I ask the last 2 because Kimpost might have become a politician or gone to work for the UN and I hear thost types have a penchant for that sort of stuff. Otherwise, kudos to ya dude. CM says he wants to smell your finger. I heard he also asked the butch girl getting the book thrown at her in this article to let him do the same.

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  27. Mississippi Yankee

    Just as a follow up, Kaitlyn Hunt the 18 year old accused, has refused a plea deal that…

    The office of State Attorney Bruce Colton said it tendered an “extremely lenient plea offer in this case which would have ensured that the defendant avoided any term of incarceration and the stigma of being labeled a sex offender.
    “In fact, in all probability the defendant would have avoided being a convicted felon,” the statement continued. Colton will prepare for a mid-July trial.

    “The American Civil Liberties Union has spoken out in defense of Hunt and an online petition by Change.org had attracted some 279,000 signatures by Friday evening. They say the punishment does not equal the crime.”

    And NAMBLA waits with bait breath.

    Agenda, Agenda, Agenda!

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  28. Thrill

    I wonder if the family attorney hasn’t just bought into the notion that this really is about nothing more than fuss over a same-sex relationship?

    I don’t see how a jury fails to return a guilty verdict when all is said and done here.

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  29. Thrill

    Oh, yeah, that is exactly what is happening:

    In a statement saying that Hunt was rejecting the plea deal, her attorney, Julia Graves, wrote:

    “This is a situation of two teenagers who happen to be of the same sex involved in a relationship. If this case involved a boy and girl, there would be no media attention to this case.

    There wouldn’t be any media attention to this case if your client’s mother hadn’t started a public media and smear campaign against the county prosecutor and the victim’s family, counselor. Furthering some bizarre social cause is not serving the best interests of the defendant.

    Pathetic.

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  30. Hal_10000 *

    Yeah, I’m becoming less sympathetic as this goes on. I probably wouldn’t have taken the deal either as a felony conviction. But I have a hard time seeing them winning at trial unless they are hoping for jury nullification.

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  31. Mississippi Yankee

    Yeah, I’m becoming less sympathetic as this goes on. I probably wouldn’t have taken the deal either as a felony conviction.

    Hal this is from the DA’s office

    “In fact, in all probability the defendant would have avoided being a convicted felon,” the statement continued. Colton will prepare for a mid-July trial.”

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