Tuesday, April 15, 2014

Is New York Prosecuting Teenagers For Consensual Sex?

Most therapists don't consider sex between minors close in age problematic or abusive unless there is some form of coercion or duress involved. Let me get that out of the way first. At news10.com, I found this report that a "teenager" in Corinth, New York has been arrested and charged with a felony...
A local teenager has been arrested and accused of incest.
According to the Saratoga County Sheriff's Office, the teen was arrested on Sunday evening following an investigation into a reported sex offense.
The teenager was arrested and charged with Incest in the 3rd, a felony, and sexual misconduct, a misdemeanor.
Third degree implies this was NOT assault, but rather something the other person did willingly. See for yourself...
§ 255.25 Incest in the third degree. A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the third degree is a class E felony.
If this had been an assault, then he could have been charged with second degree (which specifies nonconsent) and/or some other crimes. Third degree should not even be a matter of criminal law.

Back to the article...
Authorities say the teen is accused of engaging in the sex offense with a younger family member.
He was arraigned and remanded to the Saratoga County Jail in lieu of bail or bond.

It is rather difficult to commit incest with someone who isn't a relative. Seriously, what's really going on here? If this was assault, charge it as such. If this was consensual, leave it alone. Since they didn't name him, and since they didn't say they were withholding his name to protect the other person, my guess is that he's a minor himself, and my guess is also that someone else ratted them out. Again, if this was an assault, charge him accordingly. Otherwise, this is a waste of law enforcement and ruining a young man's life for no good reason. A reminder to all to read this.

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5 comments:

  1. AnonymousApril 15, 2014 at 8:05 PM

    I agree with you. We need more information, but if there was no assault and it was truly consensual than there was no need to file charges against this person.
    -Liz Smith

    ReplyDelete
  2. AnonymousApril 18, 2014 at 1:10 AM

    Mrs. Robinson GSA here, i'm from NY (not there now), and the penal code there is that a 17 year old can consent to sexual activity (barring sex with a relative closer than 1st cousins) only with another individual 17 or older with no "Romeo and Juliet" or close in age clause, so under NYS Law, that 17 year old committed a felony (which is kind of stupid considering the ages of the persons involved).

    ReplyDelete
    Replies
    1. Full Marriage EqualityApril 18, 2014 at 8:36 AM

      Great to hear from you, Mrs. Robinson. He could have been charged with other crimes, such as what you point out, laws against sex with minors. Instead, they charged him with a law that also applies to two 40-somethings, such as siblings, having consensual sex. "Third degree incest" shouldn't be a crime at all, period. All I know is the age of the boy arrested, not the other boy. Maybe there's an update to this news I can find somewhere online?

      Delete
    2. AnonymousApril 18, 2014 at 12:32 PM

      Mrs. Robinson GSA again, if this is consensual sex, being charged with incest is stupid (thank God I left there when I was younger), but that aside, under current NYS Law, that teen could be charged with statutory rape along with the incest charges. In NJ, across the river the age of consent is 16 in most circumstances, and where I live it's 16 if the other party is under 21, and 18+ if the other party is 21+ with criminal penalties for blood relatives closer than 2nd cousins engaging in sexual intercourse (that is why we need a federal law on sex, regardless of cconsanguinity and a uniform age of consent, also being said I forgot to mention I am not an attorney, and this does not constitute legal advice, that goes for my last post retroactively as well). That kid needs good legal help if this was consensual (He might get off or just probation and separation if he has a good lawyer). I do not know where to find out more about this case, though.

      Delete
    3. Full Marriage EqualityApril 18, 2014 at 1:25 PM

      Mrs. Robinson, have you and I talked before? I would be interested in knowing more about your situation. Thanks for your comments! Keep them coming. I can be reached a fullmarriageequality at yahoo dot com

      Delete

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