Tuesday, May 28, 2013

High school cheerleader/basketball star arrested for sexual relationship with team mate. Right or wrong? - Justin Ormsby

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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. 




7 comments:

  1. EXACTLY. turning a girl into a criminal on her 18th birthday and potentionally ruining any caree she might have had in the nursing industry is just so wrong over a high school romance. Many many many high schoolers date, adn this girl being arrested is basicly saying no freshman should ever date an upperclassman because they could get arrested on their 18th birthday and turned into a sexual predetor.. which btw are not treated nicely in jail.. doesnt matter if it was a romance or not they are putting her life in danger needlesly over a simple innocent romance the younger womans parents didnt like. Betcha her pairents didnt wait till they were both 18 to start dating..

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  2. Although I don't agree with the law itself, and feel that it is too harsh and used by parents to "parent", Kate was 18 when the physical aspect of the relationship with her gf started. Some argue a high school senior may manipulate a freshman into aspects of a relationship they aren't ready for, however these same laws in FL state a 16 year old can be involved with a 23 year old. Who would be more apt to be manipulative? The person in college or a career dating a high school student, or the high school student who is dating one of their peers? Different areas also have different views on the same category of laws. Some allow an age difference of up to 4 years if a person is over 12 but under 18. I think this would be reasonable. Also to consider this a felony within certain ages when there is consent to put a youth's life through a life time of punishment for a youthful mistake is a bit much. As we want to promote our youth into productive members of society, a mistake like this can have serious consequences when other states wouldn't have even considered it a crime or only a misdemeanor! Here is a case of the justice system looking for "justice" instead of "reform". Sometimes that pound of flesh is not worth the blood that comes with it. :(

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  3. Well written! Thanks for your input. Follow us on facebook to keep up to date.

    http://facebook.com/1chance2learn

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  4. Considering how often a teenage boy is sent to prison and forced to declare himself as a sexual predator for the rest of his life for the exact same behavior, you are entirely hypocritical if you don't protest for exactly the same lenient treatment for men. The law may be an ass, but if you aren't protesting on behalf of the young men as well as the occasional photogenic lesbian, you are as much an ass as the law.

    She broke the law. Why does she get a pass? Examine your own hypocrisy before you spout these banal pieties of the day.

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  5. If the focus of the article appeared to be only on this particular individual I apologize though I think a careful reading would indicate that my intent was to bring attention to the intent of the law and how it's being abused for young students.

    I tried to be clear in suggesting that high school students are a peer group of equals, regardless of gender. In fact in the second to last paragraph I specifically indicate that this is true of any high school student and use the words "his or her" to suggest that my concern applies equally regardless of gender.

    You're right in suggesting that it would be hypocritical to support one student and not all students in similar situations. I do not think this articles suggests any discrimination by gender or sexual orientation and if your reading of the article drew that conclusion then I apologize and agree with your assertions.

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