The case arose after the girl told her parents that she had had consensual sexual relations with the boy after a social event. The boy, who appears to have borderline personality disorder, has been in trouble previously. However, there is no allegation of forced sexual contact in this case and the boy does not appear to have such serious crimes on his record.
Judge Zaidan noted that the boy has diminished intellectual capacity and is having a “profound effect on his vulnerability to a negative peer group.” He added that the boy “is easily taken advantage of and needs the protection of the state.”
Putting the troubled mental state of the boy to the side, there remains the notion of charging either teen with rape for consensual sex and the even greater concern is just charging the boy. Teenagers often become sexually active around age 16. Two teenagers engaging in consensual sex in a case like this seems far afield from the original purpose of the law — to prevent adults from have consensual relations with underaged partners. The sexual relationship is certainly fair game for parental discipline but the decision of these parents to call the police seems over-the-top in the absence of evidence of forced sexual conduct.
What do you think?
Source: The Journal