Written by Brad W. Wilder, Esq.
A lawyer’s job is, among other things, to read the law and argue its application, or lack thereof, to a particular situation. Many times, it is easy to understand the objective the legislature was trying to accomplish in passing a particular law. Sometimes, however, the actual application of the law to a situation seems harsh and nonsensical. Consider the following:
The above scenario is not atypical to what we can assume is occurring for many high school teenagers. Yet in New Hampshire and Vermont, the consequences of such a relationship can be dire.
In New Hampshire, it is a class A misdemeanor for a person to engage in sexual penetration
(identified under the statute) with a person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is four (4) years or less. A class A misdemeanor carries a potential penalty of up to a year in jail, a $2,000 fine, or both.
The offense rises to a class B felony if the person engages in sexual penetration (identified under the statute) with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is four years or more. A class B felony carries a potential penalty of up to seven years in jail, a $4,000 fine, or both.
In Vermont, it is a crime for a person to engage in a sexual act with a child who is under the age of 16, except: i) where the persons are married to each other and the sexual act is consensual; or ii) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
Many of us can persuasively argue that the teens of our society do not have the maturity or responsibility to be sexually active. Teens, after all, have just obtained their driver’s licenses, have meager means of supporting themselves, and are not even old enough to legally consume alcohol. But we would be naïve if we thought, for one moment, that adults are omnipotent to stop teens from engaging in sexual activity. No matter how hard responsible parents try to impress upon their children the dangers or potential repercussions associated with sexual activity during teenage years, parents simply cannot be with their children 24/7.
Sexual assaults should not, and cannot, be taken lightly. However, should the law criminalize adolescence? Does the law cast too broad a net when it comes to teenage relationships? Whether you believe in evolution or creationism, we cannot ignore human biology and physiology. Research suggests that boys reach their sexual peak in their late teens. If the peak is in the late teens, then the ascent to that peak is necessarily during the early and mid-teens. The sexual peak for girls is a bit later.
To be sure, many teenagers are unaware that their consensual sexual experimentation can land them, or their boyfriend/girlfriend, in jail. I have heard from teenagers, and even parents of teenagers, “So long as the sexual relationship is consensual, it is legal.” Wrong. A zealous prosecutor, focused on the letter of the law rather than the reality of a situation, can prosecute adolescents with disappointing success. The consequence of a prosecutor’s success is a criminal record for a boy/girl who barely has had time to flex his/her wings as an adult. With a criminal record to explain, efforts to acquire admittance into college or graduate school or acquiring the job of a lifetime become just that much harder to achieve.
It takes a village to raise a child, not a legislature, prosecutor or jail.
Decato Law Office
Tel No: 603-640-2020
E-mail - decatolaw@decatolaw.com
A lawyer’s job is, among other things, to read the law and argue its application, or lack thereof, to a particular situation. Many times, it is easy to understand the objective the legislature was trying to accomplish in passing a particular law. Sometimes, however, the actual application of the law to a situation seems harsh and nonsensical. Consider the following:
A 17-year old boy begins dating a 15-year old girl. The parents of both teens are aware of the relationship. Each set of parents considers their child’s boyfriend/girlfriend responsible and an appropriate match. Neither set of parents considers the relationship out of the ordinary, compared to relationships of other similarly-aged teens. The boy and girl begin a sexual relationship. The girl’s parents eventually suspect that their daughter is having sex. Based on this concern, the girl’s parents introduce and educate their daughter about the use of birth control. When the boy turns 18, his girlfriend is a few months away from turning 16. The sexual relationship between the boy and girl continues.
The above scenario is not atypical to what we can assume is occurring for many high school teenagers. Yet in New Hampshire and Vermont, the consequences of such a relationship can be dire.
In New Hampshire, it is a class A misdemeanor for a person to engage in sexual penetration
(identified under the statute) with a person, other than the actor’s legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is four (4) years or less. A class A misdemeanor carries a potential penalty of up to a year in jail, a $2,000 fine, or both.
The offense rises to a class B felony if the person engages in sexual penetration (identified under the statute) with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is four years or more. A class B felony carries a potential penalty of up to seven years in jail, a $4,000 fine, or both.
In Vermont, it is a crime for a person to engage in a sexual act with a child who is under the age of 16, except: i) where the persons are married to each other and the sexual act is consensual; or ii) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.
Many of us can persuasively argue that the teens of our society do not have the maturity or responsibility to be sexually active. Teens, after all, have just obtained their driver’s licenses, have meager means of supporting themselves, and are not even old enough to legally consume alcohol. But we would be naïve if we thought, for one moment, that adults are omnipotent to stop teens from engaging in sexual activity. No matter how hard responsible parents try to impress upon their children the dangers or potential repercussions associated with sexual activity during teenage years, parents simply cannot be with their children 24/7.
Sexual assaults should not, and cannot, be taken lightly. However, should the law criminalize adolescence? Does the law cast too broad a net when it comes to teenage relationships? Whether you believe in evolution or creationism, we cannot ignore human biology and physiology. Research suggests that boys reach their sexual peak in their late teens. If the peak is in the late teens, then the ascent to that peak is necessarily during the early and mid-teens. The sexual peak for girls is a bit later.
To be sure, many teenagers are unaware that their consensual sexual experimentation can land them, or their boyfriend/girlfriend, in jail. I have heard from teenagers, and even parents of teenagers, “So long as the sexual relationship is consensual, it is legal.” Wrong. A zealous prosecutor, focused on the letter of the law rather than the reality of a situation, can prosecute adolescents with disappointing success. The consequence of a prosecutor’s success is a criminal record for a boy/girl who barely has had time to flex his/her wings as an adult. With a criminal record to explain, efforts to acquire admittance into college or graduate school or acquiring the job of a lifetime become just that much harder to achieve.
It takes a village to raise a child, not a legislature, prosecutor or jail.
Decato Law Office
Tel No: 603-640-2020
E-mail - decatolaw@decatolaw.com
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