• Skip to main content
  • Skip to primary sidebar
  • My Social Media
  • About
    • About Mark Draughn
    • Testimonials
    • Other Authors
      • About Gary Olson
      • About Ken Gibson
      • About Joel Rosenberg
    • Disclosures
    • Terms and Conditions

Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

The Youngest Sex Offenders

December 8, 2006 By Mark Draughn 8 Comments

As long as I’m on a rant, I might as well come to the defense of a couple of child molesters. Apparently the law in Utah considers young children who have sex with other young children to be the victims of a sex offense and the perpetrators of a sex offense.

Utah Supreme Court justices acknowledged Tuesday that they were struggling to wrap their minds around the concept that a 13-year-old girl could be both an offender and a victim for the same act – in this case, having consensual sex with her 12-year-old boyfriend.

The Ogden, Utah, girl was put in this odd position because she was found guilty of violating a state law that prohibits sex with someone under age 14. She also was the victim in the case against her boyfriend, who was found guilty of the same violation by engaging in sexual activity with her.

“The only thing that comes close to this is dueling,” said Associate Chief Justice Michael Wilkins, noting that two people who take 20 paces and then shoot could each be considered both victim and offender.

As liberal as I am about many moral issues, I’m still not in favor of 12- and 13-year-old kids having sex. This is grounds for some stern discipline. However, in our politicians’ zeal to show how tough they are on crime, the official reaction is going to be terrible overkill. Kerry Howley explains what’s in store for these kids as they grow up:

For as long as these kids decide to live in Utah–or anywhere else that deems them sex offenders–they’ll be treated as potentially dangerous. If they decide to move, the FBI will track them. In many localities, they and their families will face residency requirements.

Share This Post

Filed Under: Crime and Punishment

Reader Interactions

Comments

  1. KipEsquire says

    December 8, 2006 at 11:49 am

    Most states are enlightened enough to have either a “Romeo & Juliet” statute reducing sentences for young-on-younger statutory rape or, better, a flat-out proscription against prosecuting someone protected by statutory rape laws from being prosecuted for statutory rape.

    Then again, this is Utah.

    Reply
  2. patricia w says

    October 12, 2010 at 2:12 pm

    THIS is just another example of the insanity perpetrated by these laws. Now, the MAJORITY on the registry are not dangerous, and especially to children. There are some very sick people in this country if they think NORMAL child sexual play should put CHILDREN on the registry.
    So now we have a majority of non-dangerous men on there and also CHILDREN. What kind of country is this?

    But, it’s a boondoggle for unscrupulous politicians, drama-driven media and horrendous, overzealous prosecutors who want to use and abuse the law to push themselves up the ladder in their jobs. What insanity !!!

    Reply
  3. patricia w says

    October 12, 2010 at 2:14 pm

    If you care, read what’s happening to young people with these laws.
    http://www.ethicaltreatment.org/

    Reply
  4. Steve says

    May 26, 2011 at 12:25 am

    The worlds youngest sex offender was katelyn overkamp of michigan.

    She was put on at 8 yrs of age.

    Reply
  5. Shaken says

    September 24, 2011 at 6:12 pm

    This is unbelievable. Someday, there will be an uprising in this goddamned so-called “land of the free”. How dare the legal system devastate these two young kids for making a consensual and childish mistake? And that too permanently? If I were in the teenage boy’s shoes, I would have lost all motivation to live. I believe this just as bad (if not worse) as killing them. I would not be surprised if the boy in this case either becomes a real criminal due to his bitterness for the system or commits suicide. They have no future, no hope, just nothing to live for. Congratulations, lawmakers, prosecutors and all other scumbags involved in causing them their fate. You have destroyed yet another 2 innocent kids lives. This is would definitely infuriate the framers of the Constitution. This leads me to believe that America is NOT a free country. A small mistake, even if made accidentally, can result in someone’s life destroyed. What is shocking is that these horrible atrocities are being committed openly by the legal system and most people are just quiet. The legal system, as it stands, fosters more crime, since its goal is to always punish, not rehabilitate. People of America need to overthrow this despicable legal system and make new laws that are humane, rehabilitative, and allow people to return to society and pursue their lives normally like they did before once they have served their punishment. Huge human rights violations are taking place all the time in this “land of the free”, I guarantee it. The prosecutor of this case is a scumbag and a piece of garbage and should be dis-barred and jailed. He is a BIG disgrace to American society… May God bless America. The above is just my humble opinion. Thanks.

    Reply
  6. JustMom says

    November 10, 2011 at 7:18 am

    The SOR is nothing more than legalized political thuggery.
    So many lives have been , and are being destroyed by this unfair , unjust , unconstitutional mandate , to include children (mostly boys) who are on the registry – and children of a parent or sibling on it , who face constant ridicule and bullying because of it.
    The public schools TEACH kids how to have sex , as well as the many varieties to choose from , all with complete immunity from legal action.
    Honestly , what is really the agenda of a teacher in the school system who would want to teach this kind of ” curriculum” to MINORS ???
    Of course , you will be told that since the parents aren’t teaching it at home , the school HAS to. Oh yeah ? … well just for the record , people have been figuring out sex , long before schools were in existance.
    These kids in this story have done nothing that merits anything more than a reprimand by their PARENTS. Now they face a life of being branded and banished. Our legal system and the politcians who created it are the ones who need to be put on trial.
    As the mother of an autistic RSO , my heart goes out to the families of these children.

    Reply
  7. what is a sex offender says

    April 1, 2013 at 4:33 am

    It’s remarkable to visit this website and reading the views of all friends regarding this piece of writing, while I am also keen of getting know-how.

    Reply
  8. Johnny Joyner says

    April 4, 2021 at 10:05 am

    Ias a country boy can write your way but know that at that age i am with all the above. The courts has lost all reality. look at the big shots of this so call free country which every day one gets by with that as and adult. Wake up America those are just innocent kids with nature calling them. Let’s face it puberity hit all at different ages. Once tha feeling takes over only natuure can handle it . This has beenn around almost since the beggining of time. Who is at fault here? Do schools teach to much and don’t leave it to parents . This is runing young lives forever WAKE UP AMERICA.

    Reply

Leave a ReplyCancel reply

Primary Sidebar

Search

Recent Posts

  • On the shooting of Renee Good
  • Swift Descending
  • GOA on Trump
  • Yes, It’s a Bribe
  • Talking to my fellow libertarians about DOGE
  • Late night thoughts on the current crisis
  • Joining The Cult
  • Trump’s dumb attempt to define sex

Where else to find me

  • Twitter
  • Post
  • Mastodon

Follow

  • X
  • Mastodon

Bloggy Goodness

  • Agitator
  • DrugWar Rant
  • Duly Noted
  • Dynamist
  • Hit & Run
  • Honest Courtesan
  • Nobody's Business
  • Popehat
  • Ravings of a Feral Genius

Blawgs

  • a Public Defender
  • appellatesquawk
  • Blonde Justice
  • Chasing Truth. Catching Hell.
  • Crime & Federalism
  • Crime and Consequences Blog
  • Criminal Defense
  • CrimLaw
  • D.A. Confidential
  • Defending Dandelions
  • Defending People
  • DUI Blog
  • ECIL Crime
  • Gamso For the Defense
  • Graham Lawyer Blog
  • Hercules and the Umpire
  • Indefensible
  • Koehler Law Blog
  • Legal Satyricon
  • New York Personal Injury Law Blog
  • Norm Pattis
  • not for the monosyllabic
  • Not Guilty
  • Probable Cause
  • Seeking Justice
  • Simple Justice
  • Tempe Criminal Defense
  • The Clements Firm
  • The Trial Warrior Blog
  • The Volokh Conspiracy
  • Underdog Blog
  • Unwashed Advocate
  • West Virginia Criminal Law Blog

Bloggers

  • Booker Rising
  • Eric Zorn
  • ExCop-LawStudent
  • InstaPundit
  • Last One Speaks
  • Leslie's Omnibus
  • Marathon Pundit
  • Miss Manners
  • Preaching to the Choir
  • Roger Ebert's Journal
  • Speakeasy Blog
  • SWOP Chicago

Geek Stuff

  • Charlie's Diary
  • Google Blogoscoped
  • Schneier on Security
  • The Altruist
  • The Ancient Gaming Noob
  • The Daily WTF
  • xkcd

Resources

  • CIA World Factbook
  • Current Impact Risks
  • EFF: Bloggers
  • Institute for Justice
  • Jennifer Abel
  • StrategyPage
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • W3 EDGE, Optimization Products for WordPress
  • Wikipedia
  • WolframAlpha

Gone But Not Forgotten

  • Peter McWilliams

Copyright © 2026 Mark Draughn · Magazine Pro On Genesis Framework · WordPress

Go to mobile version