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Kaitlyn Hunt and her father |
On February 16th of 2013 former Sebastian River High School (Sebastian, Fl) cheerleader and basketball star Kaitlyn Hunt was arrested and charged with "lewd and lascivious battery on a child 12 - 16 years of age."
The 18 year old high school senior who admittedly had a relationship with a then 14 year old female team mate that eventually became sexual, now faces up to 15 years in prison and "sexual offender" registration for life.
Adding fuel to the fire are the accusations that both the parents of the younger party and law enforcement officials are actively "cracking down" on this case due to Hunt's sexual orientation.
The nature of the case has proven to be highly controversial. Many who believe this issue is discriminatory, including hactivist organization "Anonymous" have rallied to Hunt's aid. Still others have claimed that regardless of sexual orientation, the age difference is unacceptable and Hunt should be tried and convicted regardless of her sexual preference.
So how does one decipher the morality of this circumstance? To me, it seems pretty simple. Let's consider the letter of the law versus the intent of the law.
The intent of the law is clear. It's intended to keep adults from preying on underage children who may not yet have developed the capacity to exercise reason and good judgement successfully. When thought of in that regard, it certainly seems a law for which we should be thankful.
In March of 2013 former Tennessee Titans cheerleader Elizabeth Leigh Garner (42) was arrested for attempting to perform oral sex on a 12 year old boy one drunken evening. In this example things seem more clear. Garner was clearly an adult (42) the victim was 30 years her junior and in no way gave consent (legal or not) to the action. If the allegations in this case are true, then I was suspect many (myself included) would agree that the perpetrator should suffer serious consequences for her actions.
Should Ms. Hunt be held equally accountable for her actions? I think not. Why? Because age alone cannot be the only variable in these cases. Hunt and her partner were in the same peer group. They went to school together, played on the same basketball team, and should have, in every way, been expected to be close friends.
In a high school setting 14 year old freshman and 18 year old seniors mix together daily as peers. Not as adults and children. Their friendships would not be chastised as would the friendship of a teacher and a student, or even a college student and a high school student. They are, in most practical ways, in the same place in their lives. They attend the same classes and the same social activities. They play on the same sports teams. They should be expected to bond and form friendships and on occasion those friendships will naturally blossom into something extra-platonic.
Would it be less of a controversy if Kaitlyn was a 16 year old sophomore and her partner was a 14 year old freshman? I think it might be. In such a case, would it be reasonable to ask the elder girl to terminate the relationship immediately upon turning 18 or else face being branded a sexual predator for life?
To me this controversy boils down to one simple point. Regardless of sexual orientation and regardless of your moral perspective on underage sex, these two individuals were peers. The nature of their relationship was not one of an adult and a child. Neither held a position of authority over the other. Neither was in a position to manipulate, bribe, or extort the other. They were friends. Simply two class/team mates who bonded and formed a strong romantic relationship. Expecting any high school student to suddenly develop the responsibilities of an adult and immediately discharge any relationships he or she might have on his or her 18th birthday is unreasonable.
The intent of law is not to track down high school students on their 18th birthday day, arrest them for relationships they were already in, and ruin their lives by branding them sexual offenders. The intent is to protect vulnerable children from predatory adults who, because of their stature, age, or position in life have the ability to take advantage of young and impressionable children.