General Discussion
In reply to the discussion: Is it okay for a 18 year old to have sex with a 14 year old [View all]Ms. Toad
(34,246 posts)is to require the same kind of proof which is required in every other sexual assault case - an evaluation of what actually occurred to determine whether the sexual activity was unwanted by the "victim."
This case is treated differently from all other sexual assault cases solely because of the age of the two involved. If Kaitlyn had been a young kindergartner, rather than an old one, their actions would not have been criminal. If Kaitlyn's birthday had been in March, rather than August, their actions would not have been criminal.
In some cases, that different treatment is warranted to protect very young victims. I don't believe it is warranted for peers in the same high school. Coercion and bullying within a high school are not based on the age of the participants - there is no reason to believe that the relative age of the participants created a coercive or bullying relationship here. If there was such a relationship, it should really not be that hard to establish in court.
The problem I have with laws of this nature in a high school or college setting (for minors in college) is that it makes absolutely no difference whether these two were just kids who hit it off together in their interactions in the activities they engaged in just as part of being in high school together - or whether the older one took advantage of the younger one.