Inquisition 21
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Sex abuse
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1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14
Sex abuse is the latest expression of absolutism
The atrocities of consensual sex
Betty Price
Part One - Scenarios
One might believe that imagination would be required to describe consensual sex as ‘an appalling attack’. But not so. Such a description is more common than one would think. There are many scenarios considered to be acts of consensual sex. In these it seems that both parties assume it to be consensual, that each is consenting to the sexual act. We will examine a few of these scenarios and point out how some people can consider that they may not be consensual after all.
Two 14 years olds decide to have sex. This is to be a one-off thing. They both know they are agreeing to have sex. Let's say they decide to do it where they think they won't be caught. They are not involved in a relationship, but just want to ‘try’ it out. They chose the gym locker room where they think they will have complete privacy. As they are at it, the coach just happens to come in. He takes them to the Principal’s office. The Principal calls the police, since it is an underage sexual incident. The question for us is: were these teens really having consensual sex?
Another teenage couple has been involved in a relationship for a few months. They decide to have sex. He is 17 and she 16. They have sex a few times. The girl decides that she is afraid she will get pregnant and decides she needs birth control. Trying to be responsible, she talks to her mother about it. Upon hearing that she has been having sex, her mother is furious. She knows the boy; who has been to her home many times, and whom she has described to people as ‘a good kid’. Now that she learns that they are having sex, she is no longer happy with him and decides to check out the situation. Straightaway, she finds that in their State the age of consent is 17. She calls the police. The question for us is: were these teens really having consensual sex?
The next teenage couple are each 16 and the relationship is new, but both already think they are in love. Each has been sexually active before and she is using birth control without her parents being aware of it. They agree to go to the girl’s
house, because she believes her parents will not be home for a few hours. After a snack, they go to her bedroom. They put on the stereo and begin to make love. Her father comes home, but they don’t hear him come in. They don’t even hear his light knock on the bedroom door. He opens the door and catches them at it. He is outraged. The boy bolts, leaving Dad yelling at her. She responds by saying that the boy forced himself on her. He calls the police. The question for us is: were these teens really having consensual sex?
A married couple is having trouble in the relationship. She decides that she is going to leave, but she doesn't want the husband to be allowed to have anything to do with their kids. She hasn't really decided how to go about this. One evening he wants to be intimate with her, so she tells him to wait until the kids go to bed. As the kids are doing their homework, she goes onto the Net where her home page is set to the local newspaper. There she sees an article that her State has made into law that a sexual act between a married couple is illegal if one party isn't agreeable to the act. Her mind begins to work. The kids go to bed and her husband is ready for her. They begin, but then she starts yelling at him, purposely ripping her gown as though he had torn it off her. She calls the police. The question for us is: were these adults really having consensual sex?
Are we still clear in our minds about consensual sex? Do we see these acts as consensual? Imagine what would happen in each of these scenarios once the police were called. What would go on in the minds of the police?
Part Two - The consequences of consensual sex
The two 14 year olds we looked at in Part 1 protested that they had a right to have sex if they wanted to. The police informed them they have to be 16 to have sex in their state. They were taken to jail and booked. While authorities said that their prosecution was meant to help them and not to punish them, a lawyer for one of them contended that 14-year-olds have a right to privacy that allows them to consent to having sex with each other, and went on to challenge the constitutionality of the law.
But the prosecutors replied that children have no right to have sex. According to the law, "Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 is guilty of a Class C felony." In some states the age of consent is 17 or 18. There is no mention of consent in this law. They decided to charge the boy with attempted second-degree sexual assault, a felony that carries a possible juvenile prison term. He was sentenced to one year juvenile detention followed by 5 years probation and must register as a sex offender for 10 years from the end of his sanction. The girl pleaded guilty to fourth degree sexual assault, a misdemeanour, and was put on three years probation. In this particular state, a misdemeanour does not qualify as having to register as a sex offender, unless the conditions of probation are violated.
As far as the 17 and 16 year olds in Part 1 were concerned they also had been engaged in consensual sex. The police went to the boy’s home and arrested him for sexual assault on a minor. If a person is arrested for a sex crime in the state they live in, bond will not be granted. The boy was 17, but they decided to try him as an adult, so he was placed in an adult detention centre, in protective custody because of his age and the nature of his crime. When the State and CPS interviewed the girl, she now told them that they did not after all have sex, but that they were just thinking about having it. She also said that she would not testify against the boy. As her mother was pressing charges anyway, it did not matter whether or not the girl testified. If it went to trial, a sentence for this crime could carry 15 years in prison, so on advice the boy pleaded guilty and was given three years house arrest followed by five years probation and registration for life as a sex offender.
The two 16 year olds in the story that thought they were so much in love had now found that there are obstacles to a relationship. The police had come to the house in response to her father's call. Not realizing the consequences for the boy and to keep Daddy off her back the girl continued to say that the boy had forced himself on her.
The police suggested the she be taken to hospital to be checked out. The nurse at the hospital performed the necessary examination, using a rape kit to establish evidence. A doctor also examined her. In his report, the doctor recorded that there was no evidence of force. A week later a friend told the girl that the boy had been arrested for rape, not realizing who had accused him. At this stage, the girl informed her parents that she had lied, that the boy did not force himself on her, and that she had been afraid she would be in trouble if they discovered that she was sexually active and using birth control. Her father called the police and told them this, but they replied that he would have to speak to the State Attorney. The next day he spoke with the assistant District Attorney and was told that the boy had already been charged and would be prosecuted. It appeared that there was nothing the father could do. The boy’s attorney spoke with the girl and her parents. He advised them that the boy would fight the charge. So the girl and her parents testified against the state and on behalf of the boy and he was acquitted of all charges, but was still listed as a registered sex offender, because he had been charged.
In the case of the married couple in Part 1, the police arrived at their home upon her call to them. The wife had put a robe on over her torn gown. The children were awakened by the commotion of the police arriving, and ushered back to their rooms. The wife was crying hysterically as she told the police what she claimed had happened and showed them her torn gown, accusing her husband of raping her. The husband told his side of the story to another police officer and said that he did not know what was going on. He and his wife had begun making love when all of a sudden she had started screaming at him and ripped her gown.
Despite his protests, he was arrested and taken to jail for rape. His attorney offered several character witnesses at a subsequent hearing. The judge ordered the family into counselling as there was such a vast difference in their stories and no signs of force other than the torn gown. The husband was ordered to move out of the house pending the outcome of the evaluations and to appear before the judge again in 60 days.
Do we still see all of the above acts as consensual? Or do we feel that some or all of the charges induced were morally and criminally appropriate? Were the judgments in each case judicially sound? Could there have been better alternatives in each scenario?
The atrocities of consensual sex
Betty Price
Part Three - The hardships of prison and probation
The attorney for the 14 year old boy lost the case on the constitutionality of the consensual sex law. The boy was remanded in custody at a Juvenile Detention Center for one year. The 14 year old girl was placed on probation, but she wasn't doing well with some of the terms of probation. The main term she didn't like was her 8:00 p.m. curfew. She kept sneaking out, so that her probation was violated. Due to the violation, she was placed into the Juvenile Detention Center and is now going to have to register as a sex offender for 10 years. Because they are both so young, the detention center may actually be better for them as they will continue their schooling while incarcerated and they are less likely to have any of the major problems of prison.
When the girl gets out of the detention center, her sentence will be complete. Upon release both teens will be required to register as sex offenders. The boy has a younger sibling at home, so will not be allowed to live there upon his release, so his mother will rent an apartment for him and her. The father will stay in the family home with the younger son. The state has no problem splitting up this family.
Both teens have to attend Sex Offender Treatment Therapy sessions until they are deemed ‘graduated’ from the treatment. Some states list the juvenile sex offenders on the Internet, but these two are fortunate that their does not do so, for now at least. Once they turn 18, they will have to register as adults and will be placed on the Internet.
The 17 year old boy in the Part 1 story also has a younger sibling at home. Because of this and the terms of his house arrest, and the probation and sex offender laws he isn't allowed to live in the family home. Nor is he allowed to be around anyone under the age of 18. His father now rents an apartment for him. He will have to take the GED in order to graduate (checking what this is). His house arrest allows him to take the classes for the GED and to take the test, but due to his house arrest he cannot participate in any school activities with his peers. He can't go to dances, to movies or to ball games. His young life is now in turmoil as he tries to bear this repression.
He is not allowed any contact with his girlfriend, but she keeps trying to contact him. This can get him in trouble and cause him to be put in prison. His mother has spoken to the girl's parents and asked them to not allow her to call him anymore, but the girl feels that this is wrong and continues to phone. His mother has the phone number changed and unlisted in order to protect him. Otherwise, he is handling most aspects of his house arrest well. He will be 21 years old by the time he is freed from house arrest.
He is now allowed to work and take some classes at a junior college. He is listed on the registry as a sex offender, under the charge of Attempted Sexual Assault. It doesn't state that this was consensual sex, so it is made to look like he tried to rape someone. It states that the victims' age was under 17 but it doesn't say what his age was when the incident took place. This young man is now having problems dealing with his probation and some other issues of this conviction. He feels he is being cheated of life. In his Sex Offender Treatment Therapy, he refuses to say that he sexually assaulted his previous girlfriend. This is a requirement to pass the treatment class. You have to say you are guilty even if you know you are not. He also refused to take a plethysmograph test. (See under the section on Torture in menu on left for an explanation of this.) Because of these incidents, he is now sentenced to 15 years prison. He begins to think that perhaps he would be better off in prison, as he was not being allowed to live.
The 16 year old boy was acquitted of his charges. His girlfriend and her parents refused to testify against him in court and testified in his defense instead. One could assume that everything in his life should now be under control and that he could recover, but the fact that he had to register as a sex offender just because he was accused has already making his young life complicated.
Some parents at his school learned of his registration and have demanded that he be excluded from the school. They don't want their children to be in danger from him. The school board voted to have him put out of school, but as it was close to graduation, they allowed him to graduate with his class. He was able to attend the Prom but one of his parents had to be there to chaperone him. He is now having a hard time finding a job. He doesn't have a felony but he is on the sex offender registry. This alone keeps him from working at fast food restaurants and other places. He would have to register at a college campus if he goes to college. After the problem he had in high school, he decides to go to college via the Internet. He finally found a job at the minimum wage. He and a friend have been trying to find a place to live. They are eager to get out on their own. They have been turned down for housing in many apartment complexes because of his registration as a sex offender. They finally managed to get a trailer in a trailer park. This young man has had insurmountable problems due to the sex offender registry. He now faces a lifetime of problems.
The husband and wife in the story where he was accused of attacking her began court-ordered therapy right away. Their children have also been forced into therapy. In addition, they go once a week for family therapy. The wife now admits that she was not happy in the marriage and wants a divorce. The husband wants them to continue therapy first and give it a chance.
He has his children every other weekend and sees them on Wednesday evenings. He says he loves his family and wants them to stay together. The therapist appears to be trying to help him in this respect, but the wife continues saying she wants out. She did admit to making up the story to the police. The therapist went to court with the husband and the judge dismissed the case. The wife has filed for divorce and the husband is going to try and get custody of his children.
Do we feel the persons charged in the scenarios were treated justly in court? Can these people get on with their lives once they are out of prison and off probation? Is there anything the judicial system could do to make each of these scenarios more just?
We will look at these lives after incarceration, probation and divorce in Part IV.
Part Four - Is there life after a conviction?
When she turned 18, the 14 year old girl in the story was freed from detention, but she had been added to the sex offender online register. She is having a hard time finding a job, and is still in Sex Offender Treatment therapy as she hasn't passed the course yet. She has considered college, but knows she will have to register on a campus, so she will most likely do an online college course. She had some clerical training at the detention center, and has good typing speed and is quite knowledgeable about computers. She has applied for numerous clerical positions, but hasn't been able to find a job yet. She will be 27 when she can get off the register. After that she may find it a bit easier to find a job.
The 14 year old boy is now 18 and is still on probation. He has graduated high school. He has had an extremely hard time finding work but has finally found two part time jobs. His mother has moved back into the family home and he is still living in the apartment alone. He is looking for a roommate to help with living expenses. He isn't allowed to live at home for one more year, when his sister turns 18.
The 17 year old boy is now 33. He has just been released from prison. He has to register as a sex offender for life. He was able to move into his parents' home upon his release from incarceration. They are able to help him find employment as they
have their own business. He is going to take some online college courses and he had some business courses in prison. He did finally allow the plethysmograph test, which he passed. He is finding it very hard to trust people. He was raped in prison by an inmate. He was lied about in prison. Contraband was planted in his cell and he was blamed. He isn't planning on having a relationship, because he can no longer trust people. He even has trouble trusting his own family. Much of his young life has been lost forever. He may recover, but it will take years. There is no re entry system in his state, so he and his family are struggling through it alone.
The 16 year old boy is now 32. He earned a Computer Technician Degree from an online college and has a good job. He has no felonies on his record, but his manager did question him about the sex offender registration. He explained the situation and told her he had the transcripts if she would like to see them. She told him no, as long as he proves himself that is all she needs. He has married and has one child. He and his wife have had to move twice due to the registry. The first time they lived close to a school and the state made them move when a new law was passed stating a sex offender can't live within 1000 ft. of a school. The second move was because the neighbors threatened and harassed them. His child is now in first grade and isn't allowed to have friends over. Some friends aren't allowed to talk to the child. This person didn't commit a crime, yet he and his family will deal with the humiliation, oppression, degradation and harassment for the rest of their lives.
They found that they could move to another state where he would not have to register. They are saving money and trying to find jobs in that state so they can try to have a fresh start.
These scenarios actually happened. Our justice system is doing this to people on a daily basis. It is horrible that children are treated in this manner. They are taught sex education in the schools, but they aren't taught the consequences of under age sex. This should be a definite requirement in the Sex Education curriculum. There are states considering making under age consensual sex a misdemeanour or a felony. These states and the ones that are already doing this must be stopped. Making a person register as a sex offender just because they were accused must be stopped as well. Many states have a law that if a person under the age of consent comes to a health department or a doctor's office for birth control or because they are pregnant that office has to contact the authorities, so that charges of sexual assault are filed. This is ludicrous. What is this proving? Children today are learning that the U.S. Constitution and the Bill of Rights mean absolutely nothing to our government officials.
We are losing our civil rights and we must fight to get them back.
Betty Price
S.O.S.E.N Representative.
Sex abuse
Age of consent - Gerald's story.
A 21st century tragedy
'Speed assaults’ on children
Parents, your children are now truly at risk
The Australian inquiry
Death penalty for sex acts in Georgia
The atrocities of consensual sex
Jessie and Tyler - did the dog do it?
His art became his life
Reflections on Thomas O’Carroll
Salivating over paedophilia
Another front is opening up
God help human sexuality!
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