Tux of Borg Posted July 7, 2006 Share Posted July 7, 2006 http://www.myrtlebeachonline.com/mld/myrtl...al/14975364.htm Sex-crime bill toughens laws Critics point out loopholes with lower consent age The Associated Press SPARTANBURG - South Carolina's new, tougher sex offender law lowers the age of consent for sexual relationships to 14 from 16 and can give adults having sex with children that age a break if they're prosecuted. The most-talked about part of a new law that requires lifetime electronic monitoring for sex offenders has been a provision making repeat child rapists eligible for the death penalty when their victims are younger than 11. Both pleased victim advocates. But they're miffed about the so-called "mistake of age" defense adults would have when being prosecuted for having sex with children as young as 14 and lowering the age of consent. The change allows adults accused of having sex with a child younger than 16 to tell juries they believed the child was of consenting age. Critics note the legislation was changed to include the underage sex defense with no public debate. Seventh Circuit prosecutor Seventh Circuit prosecutor Trey Gowdy said that kind of addition should have had a public hearing. "There was never a single hearing on the mistake of age defense," he said. "If it goes through the process and that's what the people want, OK. But there wasn't any debate." Rep. Murrell Smith, a Republican lawyer from Sumter and chairman of the subcommittee handling the bill, proposed the amendment. He wasn't sure when it was added but said many people worked on it. "There was a flurry of bills going back and forth, and it became a nightmare to try to contain the different suggestions going into it," Smith said. Lowering the age of consent creates problems, too, Gowdy said. The so-called "Romeo clause" means people 18 or younger can have consensual sex with someone as young as 14. "For parents struggling to send the right message to their kids in a sex-obsessed world, the state of South Carolina now says it's all right for a 14-year-old to have sex," Gowdy said. Marlene Evans, victim services director of the Safe Homes Rape Crisis Coalition in Spartanburg, doesn't like that change, either. "The question is: Is a 14-year-old able to weigh the consequences and make that kind of decision?" Evans said. That issue was discussed. For instance, Bill Byars, director of the state Juvenile Justice Department, testified that he didn't want lifetime electronic monitoring required for someone younger than 17 who is sexually experimenting with someone and may not know much about sexuality. Smith says "there's going to have to be lots of cleanup" of the new law. "This is a good lesson about trying to deal with expansive issues in a short amount of time." Link to comment Share on other sites More sharing options...
PromoTheRobot Posted July 7, 2006 Share Posted July 7, 2006 It's a tricky thing, because any one of us who had some fun while under the age of 18, with a girlfriend under the age of 18, is technically guilty of statutory rape. So how do you legally define one thing sexual assault and the other "kids being kids?" PTR Link to comment Share on other sites More sharing options...
kegtapr Posted July 7, 2006 Share Posted July 7, 2006 So how do you legally define one thing sexual assault and the other "kids being kids?" PTR 719714[/snapback] Depends, is meazza or Hardy Pyle involved? Link to comment Share on other sites More sharing options...
Crap Throwing Monkey Posted July 7, 2006 Share Posted July 7, 2006 It's a tricky thing, because any one of us who had some fun while under the age of 18, with a girlfriend under the age of 18, is technically guilty of statutory rape. So how do you legally define one thing sexual assault and the other "kids being kids?" PTR 719714[/snapback] By the outrage of the public. Capricious outrage, I hasten to add... Link to comment Share on other sites More sharing options...
KD in CA Posted July 7, 2006 Share Posted July 7, 2006 That article wasn't entirely clear. Is the 14 year old age only a defense for the 18 and under set? If so than it makes perfect sense, as PTR points out. Clearly it shouldn't be a defense for an adult, as any adult looking for girls anywhere near the age of 16 needs a beating anyway. Link to comment Share on other sites More sharing options...
Alaska Darin Posted July 7, 2006 Share Posted July 7, 2006 Depends, is meazza or Hardy Pyle involved? 719718[/snapback] When they're not too busy watching kickball, you mean? Link to comment Share on other sites More sharing options...
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