If a legal person (age 18 and up) solicited a youth over age 13 years old and the courts proved that the child

Question

I was watching Dateline's To Catch A Predator last night with my husband and thought of a great question to ponder about.

If a legal person (age 18 and up) solicited a youth over age 13 years old and the courts proved that the child was in the right mind frame to also know that it was wrong to be solicited by a legal adult and the child committed a sexual act, should the adult be punished?

My thought on that is if a court case can prove without a doubt that the minor know that it was wrong, but still committed sexual acts with a legal adult, then the adult shouldn't get the punishment or they should both receive a punishment. Personally, what makes an 18 year old and a 66 year old together legal, but not say a 13 or 16 year old with a 40 year old? Either way, it's immoral but society turns a blind eye on that.

Another question to ponder:

Could the minor knowing understand that the legal adult could get in serious trouble for soliciting them and aggressively go after older people

I must admit, I love the answers that are well thought, now, are laws made to protect people, or are most laws just based upon people's moral thoughts?? This is for a juvenile justice class. I just thought I would share this with people.

Answer 1

Interesting question. You are addressing the issue on a moral ground rather than a legal ground.

Legally, even if the 13 year old is the seducer (ie, as often occurs in a student/teacher setting), the 13 year old is considered not legally able to consent and the adult is in a position to legally "know better" than to give in to the 13 year old's demands. The law was designed to prohibit the 13 year old from being legally responsible for a decision that rests solely on the shoulders of the adult. In other words, the 13 year old can't have sex with an adult unless the adult allows it.

The law was designed to protect children from adults who prey on children. After researching, you might find that many children were "okay" with being molested at first. They are often confused and believed that the adult "loved" them. Children who are molested are often very psychologically damaged during or after the molestation process.

They are often seduced by the adult by a process called "grooming". The law is designed to inhibit this "grooming" process by adults.

Once a child reaches the age of 18 (or the age of legal consent), that child is now considered an "adult" and capable of deciding who they want to sleep with.

Society has to turn a blind eye to an 18 year old sleeping with a 66 year old because at some point society has to determine the age "cut off" point. Again, 18 year olds are much more capable of deciding whether to have sex and with who they will sleep with than 13 year olds. This can be proven by studying how many 18 year olds do sleep with 66 year olds (it is virtually unheard of).

Answer 2

Our courts don't always base that judgment on the fact it is a 13 year old that might know better but the fact that person isn't of age of legal consent and normally still a minor in another adults care. There are many cases where in our country now a minor child has committed an act of crime towards another person and have been tried as an adult because they know better than commit the act of the crime yet they did and were tried as adults.So they courts I can't say base their judgment solely whether the child knows bettter but I would have to say the courts find the guilt on the adult more than anything because the adult knows better and is socially immoral in any case due to the child's parental care still making that child's overall decisions.

Answer 3

I don't think a person under 18 should be in trouble even if they are the most promiscuous, lying, dirty little brats they can be. Some kids go through that stage where they think they know everything, but do not. Just look back and reflect on your own young teen days. I do, and I was a little ****! The thing is a child is STILL a child, and their mental capacity is not the same as a grown adult. That is what makes us adults. And it's us as adults to act accordingly to ALL children. Someone has to be the responsible party, and it's the adults. That is what being a grown-up is. I watch that show too and they all try to blame the child, and they all say it's their "first time." Bologna!

Answer 4

a minor is a minor till there 18th birthday, whether or not the minor consented to a sexual act does not make one damn bit of difference right or wrong the adult should know it`s wrong but does it anyway therefore he`s a child molester and the youth should get a therapist. And the adult should and would get prison. think about this you have to be 18 to 39 to join the armed forces but dont take any one 40 or older,also why do priests abuse children because they think its a legal way of getting away with it sometimes, why are young girls considered jailbait, answer under 18 and you go to jail, in court minors are victims whether or not they did it intentionally or not or to get revenge, to a judge a minor does no wrong, also 50 years ago they put adds in magazines like life and such advertising child porn and back then it was ok. child molesters are the scum of god`s work and if there is a god then why would he create molesters and such, got the picture?

Answer 5

A minor is still a minor. At 18+ an adult should know better than to exploit a minor, even if "the courts" could prove that a 13 year old knew what was right and what was wrong.

And I think you're giving too much credit to the emotional status of an average minor. Most minors don't have sex because they want to get the adult in trouble. They are in 'love' and that adult is abusing their authority and taking advantage of this emotional immaturity.

It's like assisted suicide. Do you think it's okay to assist someone's own death if they knew it was against the law?

Answer 6

legal stuff : Juvenile Definition:
Generally this refers to people between the ages of 14 and 17. They lose their juvenile status on their 18th birthday.

minor


In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are "emancipated"--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.

Based on this I would think that the parent or guardian of the minor would be punished not the minor .

Being 18 and 66 is legal under the eyes of the law .Because
In most situations, any person 18 years of age or older is considered an " adult ".

Answer 7

There is a HUGE difference between a 13 yr old and an 18 yr old. You can't possibly believe a 13 yr old is capable of making the same decisions as an 18yr old. The adult SHOULD be held responsible!! A 13 yr old is a child! Children do wrong things all the time because they are children. They don't have the reasoning skills to think it all the way through. I am really disappointed an adult would think this way! How could you possibly try to flip it to the childs fault and punish them??

Answer 8

Yes the adult should be punished. A 13 yo is a child no matter how you try to spin it therefore does not have proper judgment. The adult male is responsible since HE is the adult and is perfectly capable of making adult decisions and is the responsible party. I don't care if a 13 yo is dressed like a hooker, it gives NO right to any adult male to take advantage of a child. Until the child is of legal age, which means able to consent, the adult male should and will be prosecuted.

ETA: Excuses of predators range in many ridiculous things, but the fact is, even if a 13 yo looks 18, the male committed a crime not to mention the mental and emotional damage he inflicted on a mentally, emotionally and physically developing child.

Juicy your argument is infantile. There have been many cases of very young children "seeking sex" that, in fact, we being sexually abused. Are you saying that if a 5 yo exhibits sexual behavior it's perfectly OK for an adult to take advantage? "She was coming on to me!" You know how many times I've heard that? Who is the adult? If a child is exhibiting destructive behavior it is up to the adult to take proper action not take them to bed.

Answer 9

A 13 year old is still a child and whether they know something is wrong or not, does not have the maturity to make those types of decisions, where as an adult does.

This is such a clear issue. The adult should always be held liable and therefore not solicit minors.

Answer 10

Legally, the minors state of mind has no bearing at all, except to make the difference between rape and statutory rape.

Personally, I think that a child who knowingly seeks sex (how would that be proven in court?) is mature enough that the age of consent laws should not apply.

I new a man, 23 at the time, who's mother was a short-term foster parent. There was one little girl that stayed with her for just a few weeks. She accused this guy of molesting her, she was removed form teh home immediately, he was arrested, and there was a serious investigation. His life and reputation was utterly ruined. Turns out, he had an iron-clad alibi and absolute proof that he couldn't have done the things he was acused of. The little girl used sexual alegations to get relocated from foster homes she didn't like for any little reason, and the social worker knew this. All charges were of course dropped, but this guy was never able to shake the effects of the accusations.

So, yes. Minors can and do attack adults using the molestation laws.