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Two Teens Have Sex. Neither Could Legally Consent, But the Boy Gets a Felony

Posted on 3/10/15 at 6:13 pm
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/10/15 at 6:13 pm
LINK

This is so fricked....

quote:

Kentucky Supreme Court has agreed to hear the case of "B.H.," who was 15-years-old when he was charged with sexual misconduct and possessing pornographic material featuring a minor (the latter is a felony charge). B.H. was in trouble for having sex with his 13-year-old girlfriend and exchanging nude pictures with her. The acts were voluntary, though neither teen could legally consent to sexual activities since they were both underage at the time.

The girl's parents went to the cops when they found out, and B.H. was prosecuted. (Even though his parents could technically have done the same thing to his girlfriend, they opted against that course of action.) He plead guilty, had to register as a sex offender, and was remanded to a youth treatment center for almost a year.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67590 posts
Posted on 3/10/15 at 6:16 pm to
Why would he plead guilty?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 3/10/15 at 6:16 pm to
our laws in this regard are ancient and need a COMPLETE revision

just like we need to revisit how we deal with "lack of consent while drunk" and rape. the system is way slanted against the man, even if both people rape each other
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/10/15 at 6:17 pm to
quote:

Why would he plead guilty?

Not sure... reading it, there is a little bit more to it, and I think the prosecutor did his damndest to paint the boy in a bad light. But either way it stands that

quote:

Neither Could Legally Consent




Everyone has to protect little susie from herself I guess
This post was edited on 3/10/15 at 6:18 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 3/10/15 at 6:18 pm to
i like how she wasn't charged with possession of child porn also, when thee article implies she had nude pics of him
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65708 posts
Posted on 3/10/15 at 6:19 pm to

Can this be overturned retroactively? The registry at least
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67590 posts
Posted on 3/10/15 at 6:19 pm to
That is just crazy.
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
83933 posts
Posted on 3/10/15 at 6:19 pm to
I wonder if the hardline "letter of the law" crowd will applaud the DA's Office
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 3/10/15 at 6:20 pm to
(no message)
This post was edited on 8/8/20 at 10:50 am
Posted by epbart
new york city
Member since Mar 2005
2926 posts
Posted on 3/10/15 at 6:21 pm to
that is ridiculous. The law is not serving the people in any way with that type of heavy handed decision.

Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/10/15 at 6:21 pm to
very archaic and there are tons of examples of how arse backwards our government operates. May take blood in the streets Jake.
Posted by Teddy Ruxpin
Member since Oct 2006
39582 posts
Posted on 3/10/15 at 6:22 pm to
quote:



umm this is why she didn't get charged


The girl's parents went to the cops when they found out, and B.H. was prosecuted. (Even though his parents could technically have done the same thing to his girlfriend, they opted against that course of action.)


I don't think you can keep the government from prosecuting child pornography.

Could you imagine what would happen if you could? The DA elected not to pursue it against the girl. Double standard.
This post was edited on 3/10/15 at 6:23 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 3/10/15 at 6:23 pm to
quote:

Can this be overturned retroactively? The registry at least

possibly

it can definitely be retroactive the other way. if the legislature changes a law to be an offense requiring registration, they can force people who have pled to that law prior to the change to register.

how you like dem apples?
Posted by chilge1
Baton Rouge
Member since Jan 2009
12137 posts
Posted on 3/10/15 at 6:23 pm to
quote:

Assistant Attorney General Gregory Fuchs maintais that B.H. pressured the girl and had been involved in one other incident—a prank of a sexual nature—that justified his punishment:

He also cites the girl's testimony that B.H. said he "would tell me what to do and how to do it," and says B.H. was more culpable because he sent the first photo and threatened to tell friends they were having sex if she didn't send him one back.


There you go
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 3/10/15 at 6:23 pm to
quote:

Regardless of your age, possession of a sexually explicit photo of a minor is possession of child pornography.

it sounds like she had his pics, too, though
Posted by TexasTiger39
Member since Mar 2009
3671 posts
Posted on 3/10/15 at 6:24 pm to
(no message)
This post was edited on 8/8/20 at 10:50 am
Posted by GreatLakesTiger24
One State Solution
Member since May 2012
55626 posts
Posted on 3/10/15 at 6:24 pm to
The American justice system needs a complete overhaul, but that will never happen.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422470 posts
Posted on 3/10/15 at 6:24 pm to
quote:

and says B.H. was more culpable because he sent the first photo

ok confirmed. she should have been prosecuted for possession of child pornography
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/10/15 at 6:25 pm to
They were already having sex which she agreed to do. The boy was 15. If you don't think this is heavy handed then I don't know what to tell you.
Posted by dawgfan24348
Member since Oct 2011
49277 posts
Posted on 3/10/15 at 6:25 pm to
That is so fricked up
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