14 Old Teen Sex

14 Old Teen Sex
14-year-old could face life as sex offender for sex with 12-year-old girlfriend
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A 14-year-old junior high student is facing the possibility of life as a registered sex offender after being arrested for having sex with his 12-year-old girlfriend, according to his attorney.
The teen, who was in seventh grade, is charged with aggravated sexual assault of a child. His girlfriend was a sixth-grader at the time.
"He had consensual sex with his little girlfriend and he loved her. They were boyfriend-girlfriend," the teen's mother told the Chronicle. "And because he turned 14, they want to make him a sex offender, put him on the registry with pedophiles and child molesters - really sick and dangerous people."
The law carves out a defense for juveniles having consensual sex with someone within three years of their age, sometimes called a "Romeo and Juliet" rule, which would allow a 17-year-old to legally have sex with a 14-year-old.
But in Texas that does not apply if one of the parties is under 14.
Romeo and Juliet law: In Texas, the law provides a legal defense for consensual sex between a minor who is 14 or older but still under the age of consent (14, 15 or 16) and someone older who is within three years of that age.
Criminal responsibility: A person has to be at least 10 years old to be charged with a crime.
"The idea that a 14-year-old who has sex with a person just a little bit younger than him or her would be treated as the worst of the worst in our society and placed on the sex offender registry is really sick," said the teen's attorney, Joseph Gutheinz. He spoke on the condition that his client not be identified.
The Harris County District Attorney's Office did not return calls for comment.
The case illustrates the gray area of criminal responsibility for teens having sex before they are legally able to consent at age 17.
Gutheinz said the injustice is that the same 14-year-old who is now a defendant would not have been charged if the teens were the same age. And he would be considered the victim if the other person was 18 or older, he said.
"If he has sex with someone who is younger by just days but is still 13 years old, he could be charged with one of the most serious offenses we have," he said. "It just blows my mind."
He said the discrepancy thwarts the intent of the law.
"It defeats the whole purpose of the Romeo and Juliet defense where you have two people relatively close in age and maturity," he said. "You would think the law would be more sympathetic as you go younger, because both parties are immature."
The teen's mother said her family "is going through hell."
"Because he was 14 by two months, they want to ruin his life," she said. "What kind of life is he going to have if he's a sex offender?"
Experts said charges being filed for a consensual sexual relationship between minors is not unusual in Harris County, even for teens and tweens.
"I had that exact fact pattern that I fought for a year," said Jackie Stewart Gravois, an attorney with the Harris County Public Defender's Office. "They ended up dismissing it because, ultimately, everyone agreed it was a consensual act."
In her case, the two students were also in junior high and he was 14 and she was 12. After prosecutors were assured that there was no violence or threat of force, it was dismissed.
She said similar cases seem to be on the rise over the past few years.
Gravois was not familiar with the teen's legal battle and spoke generally about those types of cases.
"Usually, if the prosecutors can prove that it was consensual and it was not forced in any way, they typically don't file these cases or they end up dismissing them," she said. "That's going to be up to the discretion of the prosecutor."
She noted that Harris County's juvenile judges have wide discretion over whether a teen will have to register as a sex offender.
"Very rarely do the juvenile judges in Harris County force anyone to register," she said. "They usually delay it and send them to sex offender treatment and then make a decision."
Jay Jenkins, an attorney for the Texas Criminal Justice Coalition, which is pushing to raise the age of criminal responsibility in Texas, has studied prosecution disparities because of age.
He said he is aware of several criminal cases filed against Houston teens accused of having sex with tweens.
"That's the arbitrary nature of our sexual offense laws," he said. "There's very little rationality to those laws."
Brian Rogers covers Houston crime and courts. A licensed attorney who loves telling stories, Brian covers breaking news, civil and criminal trials, and the political underpinnings of criminal justice.

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Imagine the headlines if a 15-year-old British girl was discovered to be having a sexual relationship with her 47-year-old uncle.
There would be utter uproar. A manhunt to find the man and make sure he was put behind bars for having sex with a minor.
Despite being a relative by marriage - rather than a blood relation - her uncle would still be seen as a family member, and that would be a huge factor in the case. There may even be accusations of grooming (the relationship began when she was 14) and he could be jailed for years.
But none of this has happened. Why? The 15-year-old girl and her uncle at the heart of this disturbing case are both German. The girl, Josephine, made headlines last year when she ran away with her uncle at the age of 14. When found, she told police she was in love with the older man and had left home voluntarily.
They were powerless to do more - because in Germany, the age of sexual consent is 14.
As shocking as this may seem, it's not unusual in Europe. Italy, Portugal, Austria and Hungary all have 14 as the official age of consent, while in France, Greece, Iceland, Sweden and Denmark, it's 15.
It means that in cases like Josephine’s, the unnamed uncle is not technically breaking the law. Her worried parents have tried to fight this, seeking a court order to prevent their daughter making contact with him, on the grounds that the relationship was endangering her welfare.
But the teenager fought it, and the court ruled this week that, as she is over 14 -the age of consent - her wishes have to be taken into account.
The judges said that she risked “serious damage in her social-emotional and mental development” if she was forced to never see her uncle again, but they stressed they weren't giving a moral view on the relationship.
“The court does not offer any opinion on the non-judicial question of whether a 47-year-old married man should return the love of a 14-year-old fired by adolescent affection and enthusiasm,” they wrote. “The relationship may be socially undesirable and unacceptable, but it is not covered by criminal law, and not categorically forbidden.”
The judges have followed the word of law, and in doing so, have honoured the wishes of the teenager. They have trusted that at 14, she was old enough to know what she doing in beginning a sexual relationship with the man she knew as her uncle, who is 32 years older than her.
Right now Josephine is probably thrilled; the authorities believe in her not her parents. That's a teenager's dream. But in five or 10 years time, how will she feel?
In England the age of consent is 16 for a reason - though teens slightly younger are unlikely to be prosecuted for mutually agreed sexual activity, where there is no sign of exploitation. But if a child under 13 is found to have had sex, it will be treated as rape. The courts believe that anyone under the age of 13 does not have the capacity to consent to to sexual activity.
It is chilling to think that if Josephine had been two years younger, her case could have been treated as rape over here in the UK. But because of a matter of months and geography, she's now free to live with her married uncle.
An NSPCC spokesman said: “We find this case incredibly disturbing. Under British law it is illegal for any adult to have a sexual relationship with a family member under the age of 18, and adults guilty of doing this face up to 14 years in prison. No adult should have any kind of sexual relationship with children – whether within their family or outside of it.”
As patronising as it sounds to tell a teenager that they don’t know their own mind, it’s true. How many of us made decisions as teens that we went on to regret? How many of us are thankful that someone stopped us from doing things that could have had a devastating impact?
A 26-year-old friend who lost her virginity, consensually, aged 13 to a boy her own age, didn't think much of it at the time. But today, she tells me: “I wish I hadn’t. I was just too young, and I don’t think it has permanently scarred me, but it did have a negative effect.”
Ann Olivarius, partner at McAllister Olivarius agrees, stressing: “You cannot give a child that growth experience again. Society runs the risk that she will be haunted by early, intimate and powerful, sexual experiences for the rest of her life. Thirteen, 14, or 15, are very young ages for anyone to be having deep and intimate sexual experiences, particularly with a vastly older adult, who is related by marriage to them.
"In these relationships, betrayal is mixed with sex which combines with newly tapped emotions and experiences. She is still a child at an age of transition, where she thinks she’s not. Her body might have developed but it’s still early on. As a society, we have to rule, to enact and force laws, to protect our young, our teenagers, who are most vulnerable.”
I think Josephine’s story should be used to spark a change in consent laws across Europe. More countries would do well to consider increasing their legal age of consent, or at least introduce a measure of flexibility - a 'grey area' that would allow them to treat each case individually.
There's naturally a huge difference between a 14-year-old girl having sex with her 14-year-old boyfriend, and that same 14-year-old having sex with a man many years older than her, who could arguably have betrayed a position of trust and responsibility.
The law needs to have space to deal with cases like this, and make sure that all children - because 14-year-olds are still children - are kept safe. Even if it sometimes goes against what they want.
Children who are worried about the issues raised in this article can call Childline on 0800 11 11.
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Embattled R&B star R Kelly - who has been plagued by harrowing sex abuse claims - was allegedly filmed having sex with a girl who identifies as 14-years-old in a sickening 43-min tape
R KELLY was allegedly filmed having sex with a 14-year-old girl in a video tape passed to US authorities this week, according to explosive claims made today.
Footage purports to show the embattled singer "engaging in multiple sexual assaults of a girl underage", celeb lawyer Michael Avenatti said.
The girl in the tape - which has been seen by CNN - reportedly refers to her body parts as 14 years old.
It was passed to the leading Hollywood lawyer by an alleged "whistleblower" against Kelly, Avenatti said - and it has been handed to prosecutors in Chicago.
Authorities there are already allegedly investigating claims made in an explosive documentary series named Surviving R. Kelly that aired last month.
In that series, several women came forward with harrowing allegations of having abusive sexual relationships with the star.
The 43-minute long tape allegedly shows two explicit scenes featuring a man "who appears to be R Kelly performing multiple sex acts with the girl", CNN reported.
She also allegedly calls him "daddy" multiple times, the report claims.
And the girl reportedly refers to her genitals as 14-years-old.
The man also asks the girl to urinate before he urinates on her, CNN says.
In a statement, Avenatti - who has represented Stormy Daniels, the porn star who allegedly had an affair with Donald Trump - said his client knows both R. Kelly and the girl in the video.
Avenatti added: "He identified the two of them on the videotape. He worked for and has known R. Kelly for decades and he met the girl on a number of occasions."
Responding to the fresh allegations in a lengthy statement, R Kelly's attorney Steven Greenberg told The Sun Online: "This morning I woke up to reports that a video had surfaced showing R Kelly allegedly with an underage girl.
"The reports were prompted from a tweet by Michael Avenatti, who himself was the subject of unfavourable news articles just yesterday. Timing is everything.
"The calls and emails I received were the first I've heard of these allegations. I understand that CNN says that they have seen this video.
"If the video were what it is claimed to be, by sharing it with CNN Mr. Avenatti would be committing a felony, as would the reporter who viewed it.
"I doubt if either would put themselves in that position. That combined with the other facts that I know lead me to question the reports.
"I have not been contacted by anyone connected with law enforcement, nor has R Kelly.
"Mr. Kelly denies that he has engaged in any illegal conduct, of any kind whatsoever.
"He would like to be able to continue to write and sing and produce and perform.
"Unfortunately, as a result of a documentary that regurgitated long ago rejected claims, he has been adjudged guilty in the public eye.
"In this age of hashtags we are too quick to rush to judgement simply because something is associated with a hashtag.
"A hashtag does not make claims credible."
Absent conclusive evidence, proof beyond reasonable doubt, I would ask that people follow the principles that make this country great.
The alleged tape did not appear as evidence in Kelly's 2008 trial in which he was acquitted on child pornography charges.
Kelly - one of the most successful R&B acts in history - has been plagued by claims of sexual abuse against several women and girls - which he denies.
All of the claims made against him excluding the 2008 acquittal were settled out of court.
But a campaign under the hashtag #MuteRKelly led by former fans and music industry colleagues against Kelly has gained prominence.
His attorney Mr Greenberg's statement added: "All of the claims by these women were brought forth years ago, rejected by the police, and/or rejected by the courts, but now for their own gain they have rehashed them.
"Each of the women in that documentary are out for money, whether they have suddenly filed a lawsuit, they have all of a sudden released their own song, or they have written a book.
"Indeed, some of the women are going on a 'Surviving R Kelly Tour,' charging for people to hear them speak about their lives.
"Accuse R Kelly and boom, make a buck.
"There are three countries in the world where people are presumed guilty, China, North Korea, and Myanmar.
"Unfortunately, that is the standard of justice that is now being applied to R Kelly.
"In this country people are entitled to presumption of innocence.
"Absent conclusive evidence, proof beyond reasonable doubt, I would ask that people follow the principles that make this country great.
"Thanks to all his fans and their support.
"He will continue to work on his album."
The Sun Online has also contacted Kelly's attorney for comment.
A spokesperson for Cook County State's Attorney's Office in Chicago said they can neither "cannot confirm or deny an investigation".
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