June 2, 2013

Free Kate Hunt and Decriminalize All Teen Relationships

Whether we like it or not teens will have sexual contact in high school.  The most important thing, aside from condoms, is that teens be taught that sex is a beautiful meaningful experience, and it can really hurt to become sexual with someone you don't care about and who doesn't care about you. Teens might be more receptive to "waiting" because they want a great experience rather than trying to scare them to death about HIV and pregnancy and ruining their lives. 

However teens have more to worry about than HIV, pregnancy or getting hurt.  They have to worry about being labeled sex offenders and going to prison for years.  If your 17-year-old son or daughter has a 14- or 15- year old girlfriend (or boyfriend) and he's about to turn 18, he could go to prison AND have to register as a sex offender depending upon what state you live in.  In California where I live, in Florida, and really many states, it is considered "rape" for an 18-year-old to have sex with a 14- or 15-year old and even though the younger person has "consented" many states do not recognize 14- and 15-year-olds and being able to consent.  So the 18-year-old is charged as though he or she has committed a serious felony. 

I believed that cases like this were just given a slap on the wrist, maybe probation, recognizing that a high school senior who is 18 might be dating a high school sophomore who is 15. I understand of course that a 14-year-old cannot consent to sexual contact with, say, a 35-year-old of either gender. But if the difference in age is even a DAY over three years, the case against and 18-year-old with a 15-year-old girlfriend would be prosecuted the same way as if the 18-year-old were 40 years old.  

I recently read about Kate Hunt on Twitter.  Kate is an 18-year-old high school senior who is a cheerleader, gets excellent grades and is clearly college-bound. When Kate was 17 she got to know a fellow student in her class, a girl who happened to be 14. The 14-year-old girl was in a college credit class and was in school with many other seniors.  The two girls became friends and in this case, the relationship turned romantic. The relationship continued for six months and during that time Kate turned 18. The younger girl's parents got wind of the nature of the relationship and without contacting Kate's parents or their own daughter or talking to the girls at all, they called the police and reported this as a crime. Kate willingly spoke to the police without an attorney. As a result of her conversation without an attorney, Kate is being charged with statutory rape and several other felonies.  

I thought they'd offer someone like Kate probation or maybe therapy but I was WAY off. They did offer college-bound Kate a deal, though. The deal is that she plead guilty to a felony, undergo two years of house arrest AND that she register as a sex offender! I will never understand the point of having Kate register as a sex offender. This registry is necessary and important but when it's flooded with people who had what most of us consider consensual sexual relationships with someone 3 1/2 years their junior, how can we identify the real predators? There is the possibility of challenging the sex offender status using the Romeo and Juliet Exception, however this remedy is only available AFTER someone has been convicted.  

Because pleading to a felony would greatly limit her opportunities in life and might even mean she couldn't attend some of the colleges she had been accepted to, and because registering as a sex offender was unacceptable, Kate and her family have decided to fight these charges. They are taking a great risk, though, since Kate faces up to FIFTEEN YEARS IN PRISON if she loses. As far as I know, the trial is set to take place this summer, in July of 2013. 

Some states, by the way, including PA, HI, OH, CT, CO and a number of others* have provisions in place to prevent someone like Kate from being prosecuted. Most states do not. And because states can lose federal funding for not registering as a sex offender anyone who technically would be considered one, most don't have a choice but to force teens age 18 and 19 who have been in a relationship with another high school student to be on this list.  

Below is my letter to the State's Attorney and Prosecutor in the 19th Judicial District of Florida about this case.  The family has asked that anyone writing to these two men be sure to do so respectfully and that no attack letters or hate mail of any kind be sent.  



June 2, 2013

Bruce Colton, State Attorney
Brian Workman, Prosecutor
19th Judicial Circuit of Florida
Saint Lucie, Florida

Dear Mr. Colton and Mr. Workman,

My name is Claudia Miles and I am a licensed as a Marriage and Family Therapist in California. I am writing to you in regard to the Kate Hunt case because I feel so strongly about this situation (and similar cases). In situations where teen romance is involved, and an age difference of no more than 4 years exists, it is bad for families and society to prosecute these kids as if they are sex offenders or deviants.

Please consider letting Kate Hunt plead to a misdemeanor and be on probation, perhaps go to therapy and/or group or classes. Society will not be helped but harmed by having Kate Hunt go to prison or register as a sex offender.

I myself have enormous concern about sexual predators, particularly those who molest children, and in my view these people cannot be "reformed" and we must be protected from these monsters. Having studied criminal behavior and abnormal psych extensively, I know this far better than some of my overly idealistic colleagues. Further, I have worked with the victims of these predators and in many ways these children have their life stolen even though they are not dead. I do not take this subject lightly. In fact, I myself have made reports to the police.

Because it is so crucial that these sex offenders be identified, making teens in relationship with other teens, register as sex offenders seems just plain wrong. I believe some girls of 14 IS capable of having a consensual physical relationship with a peer, even if that peer is up to four years older.

Generally it is boys who are affected by these laws since 14 year old girls have little interest in immature 14-year-old boys. I myself (long ago) was a 14 year old who had a 17 year old boyfriend. We were together for 4 years (with my parents knowledge). These young men
(& in this case, a young woman) should not be prosecuted solely based on age.  If the younger girl is found to be mentally incapable of consenting that is something else.

I understand the law is black and white but people are not. I don't think either of you believe Kate Hunt is a predator who we need to protect society from. I know the law on this is clear in Florida however it is so profoundly different from state to state that it becomes meaningfulness, especially when sex offender registration is tied to federal funds. In many states Kate would have committed no crime because either the age of consent is 14 or it is 16 or 18 but exceptions are made in the case of two teens or young people who are no more than four years apart. In Florida a 16 year old girl is allowed to consent if a man is 21. Quite confusing.

Now I believe the law should be changed but short of that, why throw those involved in a teen romance into the same category as a Mary Kay LeTourneau or a repeat child molester?  Kate Hunt is not a criminal. Nor are others in this situation.

Why not give Kate two years of probation for a lesser plea of criminal misdemeanor and send her to a class or to therapy. And please please don't have her register as a sex offender. It only makes the real offenders harder to find. The more "Kates" on the list, the harder it is to spot the real sexual predators who will reoffend and will harm women and children.

Ask Kate Hunt to submit to an assessment by a court psychiatrist, and write a report on whether Kate is a pedophile or risk to society. Make a deal that requires court ordered psychotherapy and ongoing assessment for Kate. She did not do anything that at least 50% of her peers have not done.

Thank you for reading my letter. I deeply hope you will consider either dropping the charges or letting her plead to a misdemeanor.

Thank you too for your hard work and dedication.

Respectfully yours,

Claudia Miles