[Dingfod]

Is it possible to be both perp and victim resulting from the same sexual act?

That is the perplexing question facing the Utah Supreme Court in the case of a 13 year old girl that had consensual sex with her 12 year old boyfriend. Both were found guilty of violating a law against having sex with a minor under 14 (the legal age of consent until just recently), a crime that would've been a felony if one of them had been adult.

The girl's attorney is appealing the conviction, which was upheld by a juvenile court judge and a state court of appeals, based on not receiving equal treatment under the law because had they been 16 and 17, no crime would've taken place. Even if they had been 14 and 15, it would've been a misdemeanor because of there only being one year difference in their ages.

Matthew Bates, an assistant Utah attorney general, argued

Prosecution of the girl was not unreasonable. The statute in question is designed to prevent sex with children who are 13 and younger, even if the other person is in the same age group. By passing that law, legislators were sending a message: Sex with or among children is unacceptable.

The girl's attorney argued that prosecuting children under a law meant to protect them is illogical.

I tend to agree with him. I doubt that was the legislature's intent. Then again, it is UTAH.