Statutory Rape Laws
Sexual Orientation Equality isn’t yet achieved in Statutory Rape Laws
In February of 2000, Matthew Limon, an 18 year old, performed consensual oral sex on a 15 year old male. This happened in Kansas where there is a” Romeo and Juliet” law. A “Romeo and Juliet” law covers consensual sex between couples within a close age span from being charged with a felony. Kansas’ law reads:
(a) Unlawful voluntary sexual relations is engaging in voluntary: (1) sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and child and the offender are the only parties involved and are members of the opposite sex. (“Limon vs. Kansas-Case Background”)
Because Kansas excludes gays in the Romeo and Juliet law, Limon was charged with 206 months in prison (17 years and two months). If the same event happened with a heterosexual couple, the maximum sentence would be 15 months. This exclusion violates the Equal Protection Clause of the 14th Amendment “by discriminating based on a defendant’s sex and sexual orientation.” (“Limon vs. Kansas-Case Background”)
Statutory rape has a “double-edged” nature. It protects many heterosexuals, but shows disfavor to homosexuals. The reason statutory rape laws were put into effect was to protect “the very young and vulnerable from unequal, manipulative, or predatory relationships…” (Cocca, pg. 2) Everyone’s goal is to protect the young, but it is how to protect and who to include in these protections that becomes a controversial topic among many. It is prominent in many different cases that homosexuals are discriminated against in statutory rape laws and convictions.
There are many different reasons gays are being targeted in statutory rape laws, one example of this is a sodomy law. A sodomy law is a statute that outlaws anal sex and sometimes oral sex. Historically, these laws were used to try to ban “immoral behavior”, or homosexuality. Today, 12 states still have refused to change their sodomy laws. “One such state is Louisiana, where gay rights groups contend police have used anti-sodomy laws to target gay men (“12 States Still Ban Sodomy a Decade After Court Ruling”).” Lawmakers refuse to repeal the law. Other states that have not repealed the sodomy law include: Alabama, Florida, Idaho, Kansas, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, Texas and Utah (“12 States Still Ban Sodomy a Decade After a Court Ruling”). Terry Young Jr., a 27 year old gay man, spoke out about this issue saying, “It’s a reflection of the overall homophobia. (“12 States Still Ban Sodomy a Decade After a Court Ruling”).” This is not and should never be an American value to discriminate against for one’s sexual orientation.
Sodomy laws impact statutory rape laws too. For example, if a homosexual couple was charged with statutory rape while performing one of the mentioned sexual acts under the sodomy laws, one’s conviction might double, because not only did they break a statutory rape law, but a sodomy law also. How do sodomy laws affect straight couples? “In practice, sodomy laws have rarely been enforced against heterosexual couples (“Sodomy Laws”).”
Not only are these laws discriminatory, but they have been declared unconstitutional by the Supreme Court in Lawrence vs. Texas. Because sodomy is largely a matter of state and not of federal jurisdiction, it is up to the individual states to repeal (“Sodomy Laws”). Only two states have repealed their sodomy laws, leaving 12 states with these unnecessary and harsh laws that are against the Eighth and Fourteenth Amendment.
The Eighth Amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (“Eighth Amendment”).” This unfair and biased law is penalizing homosexuals for having a different sexual orientation, whereas their counterparts are not being disciplined as harshly. It is cruel because not only are these people discriminated against in everyday life, but there are laws saying it is illegal to have this sexual orientation and pursue it. It is unusual because it can only be charged on a small percent of the population.
The Fourteenth Amendment states that equal protection is a guarantee for all citizens of the United States (“Limon vs. Kansas”). Equality is not seen in sodomy laws. Many have been tried, charged, and imprisoned because of this law, and their heterosexual counterparts have not. The United States protects international homosexuals more than its own homosexual population. The Clinton Administration set up asylum for homosexuals facing persecution in their country (“Gays and Lesbians”). That means if a homosexual is facing any kind of persecution for their sexual orientation they can come to the United States for protection. The United States’ homosexual citizens are being persecuted for their sexual orientation and the government has done nothing. They are being hypocrites if they are accepting of others, but not our own.
As seen in the Michael Limon case, some Romeo and Juliet laws do not include homosexuals. California, Texas, and Alabama all have Romeo and Juliet laws specifically leaving homosexuals out. Some states also have higher ages of consent for homosexuals compared to heterosexuals (Higdon). That means that some states believe homosexuals have not developed a sense of morality at the same time as their counterparts. These states are debasing one’s moral intelligence on sexual orientation. This is unfair because it implies heterosexual teens are able to make important decisions, but not homosexual teens. So as a result of these laws, innocent teen homosexuals are being charged with statutory rape, whereas heterosexual teens aren’t. In most states being charged with statutory rape means the offender has to register as a sex offender (Higdon). Not only are we putting innocents in jail, we are taking their dignity away from them.
Aside from laws homosexuals are discriminated against in everyday life. As Michael Higdon puts it:
Unfortunately, for the lesbian, gay, bisexual and transgender (“LGBT”) community, the equivalent of Jim Crow laws still exists today. For example, in contrast to heterosexuals, homosexuals cannot marry, cannot openly serve in the military, and, in some instances, cannot even adopt children (Higdon).
These are problems that homosexual adults are having. LGBT teens also face some tough realities in the trying time of adolescence. Not only are they having a hard time finding their identity like everyone else, they are also told by society that if they do not conform to the “heterosexual norm” they will be looked down upon for the rest of their life (Higdon). As a result of this, many feel isolated and depressed. This is even before they start telling friends and family about their sexual identity. This group of children face violence, harassment, psychological trauma, and homelessness, simply because they fail to conform to society’s standards.
All these claims prove that discrimination is present in our statutory rape laws today. Some say that there is no discrimination present or that the discrimination present is valid. Although acceptance of gay rights has been trending upward in the past decade, conservative America is far behind. Although the youth of the United States has become more and more open to gays, its old timers have not. It seems like almost every week there is another anti-gay group protesting or making an offensive speech. Rick Perry, a possible Republican candidate for next years presidential election states:
“Whether or not you feel compelled to follow a particular lifestyle or not, you have the ability to decide not to do that… I may have the genetic coding that I’m inclined to be an alcoholic, but I have the desire not to do that, and I look at the homosexual issue the same way (Rauch).”
The reference to homosexuality as a disease was also seen in the Texas Republican Party convention. The convention “endorsed so called reparative therapy” for homosexuals seeking treatment for their “disease”. Others are convinced we should start a genocide to kill all homosexuals, because certain biblical passages are interpreted to say so (Rauch). While there may be peace with the liberals, the conservatives are just starting. The more people support gay rights, the more aggressive these conservatives will become.
The Catholic Church is one of these institutions that agrees that homosexuality is “not in accord with God’s purpose and plan for human sexuality (“Frequently Asked Questions About the Defense to Marriage”). As many states started changing their marriage laws in the past few years, the Church has replied with in-mass prayers for the Defense to Marriage. The Church does not believe marriage can be redefined to include two of the same-sex, because it is against science. They use an analogy of water saying, “Just as oxygen and hydrogen are essential to water, sexual difference is essential to marriage. The attempt to “redefine” marriage is as impossible as trying to “redefine” water to include oxygen and nitrogen (“Frequently Asked Question About the Defense to Marriage”). The Church also does not believe in premarital sex, therefore they are against the Romeo and Juliet laws established in some states (Saunders). The Church believes we need to protect our youth, but not our youth having sex.
As a defense to all of this, denying homosexuals marriage is a violation of religious freedom in itself. People should not have to be the opposite sex to become married. Marriage is about a loving relationship between two people and it shouldn’t matter what sex or sexual orientation they are. Therefore, denying protection under the Romeo and Juliet provisions is a violation of a minors protection. The United States should be here to protect child minorities and instead they are putting them away.
In response to this injustice, the citizens of the United States should check what the statutory rape laws and Romeo and Juliet provisions are in their states. If they exclude homosexuals, they should write to their regional representative, because it is a matter of state, not federal law. Increased support of the repealing of these laws can change a representatives mind. Tweet, post, and Instagram knowledge of this injustice. Social media can be a powerful tool to get the attention of state legislators. The more people know about this subject, the better.
Legislators are discriminating against teen homosexuals and they aren’t doing a thing to change it. Michael Limon is suffering because of this discrimination. Not only for the 17 years he is sentenced, but the time after he is released he will need to register as a sex offender. This has made a permanent dent in his future. Not only will his living options and jobs be limited, but he has to deal with telling his employers and neighbors that he is a sex offender. This discrimination is violating one’s dignity and liberty. Lets put an end to a future where homosexuals are discriminated against, and give them a safe place to be, right here in the United States.
