AL- Illegal consent

12-14-2008 Alabama:

What some teenagers might see as an innocent relationship could land at least one them in prison if they aren’t familiar with Alabama law.

More often than not, it is an older teenage boy dating a younger teenage girl who lands behind bars and is saddled with a felony rape charge.

Of the 96 registered sex offenders in Houston County, about a third of them have been convicted of felony second-degree rape, often known as statutory rape. Many of the most recent cases are teenage boys in relationships with girls legally too young to consent in the relationship.

Second-degree rape crimes have dramatically increased across Houston County over the past couple of years while for the most part the numbers remained the same across the rest of the Wiregrass. The number of charges tripled in Houston County from 2006 to 2007, and then more doubled again from 2007 through most of 2008.

District Attorney Doug Valeska called today’s teenagers different than year’s past. He said as the numbers of these crimes continue to increase, the number of teenagers losing their innocence and youth will also continue to rise.

“My explanation as the district attorney is times are changing. Morals are not what they used to be,” Valeska said. “People have become more willing to do sexual activity. Their respect for authority has changed, for their parents and law enforcement. We still have plenty of excellent kids that don’t do these things.”

Jim Parkman, who has been a criminal defense lawyer for more than 30 years, said most statutory rape charges involve people who know each other and often people who had at least a dating relationship.

“There’s a different world out there now,” Parkman said. “Dothan High is trying to pass a dress code. These kids just don’t look like they used to, and the attitudes have changed.”

Second-degree rape differs from first-degree rape in that it doesn’t involve the use of force during the sexual act. Authorities could charge someone with the crime if they’re 16 years old or older and have sex with someone else who’s less 16 years old and older than 12. The assailant also has to be at least two years older than the victim. The assailant faces the charge even if the victim consented to the act.

Second-degree rape is a Class B felony and carries a possible punishment of two to 20 years in prison if convicted, along with a requirement of lifelong registration as a sex offender.

“It’s a sign of the evolving moral standards in the country,” said David Hogg, a Dothan defense attorney. “It’s my suspicion that you have younger people who’re sexually experimenting more. If younger people are experimenting with older people of the opposite sex, then you’ll see those type of charges.”

Houston County Sheriff’s Investigator James Brazier said it’s very uncommon for a female to be charged with second-degree rape. Brazier said there are only three women on the county’s sex offender registry, including a second-degree rape conviction. Brazier, who regularly checks to see if sex offenders are property registered, called second-degree rape the more common sexual assault than first-degree rape. He said if the victim is younger than 12 years the suspect automatically faces a first-degree rape charge.

“These guys and girls have to realize if the age difference is there they’ve got to take the responsibility to say no,” Brazier said. “If they luck up and get youthful offender they’ll still have to register for 10 years.”

A young person charged with a crime between the ages of 18 and 21 has the opportunity to apply for youthful offender status, which seals their case even if convicted.

Shaun McGhee, a contract attorney for Circuit Court Judge Butch Binford, said the impact on those charged has a long-lasting effect.

“You’re basically branded for life,” McGhee said. “It does impact their lives. They have to register as a sex offender… you’re still looking at two to 20 years in prison.”

The young men charged with the crime who are younger than 21 have the opportunity to apply for youthful offender, but McGhee said more often than not they’re denied youthful offender status. McGhee said a sound defense in second-degree rape cases is that it just didn’t happen, but his not knowing the victim’s age is not a defense.

Statute Review

Several area lawyers believe state legislators should examine the law for second-degree rape, especially the punishment that goes along with a conviction for the crime. Thomas Brantley, a Dothan criminal defense lawyer, suggested legislators review the law for second-degree rape and second-degree sodomy to allow for a psychological evaluation if the defendant’s age falls within five years of the alleged victim.

“Too often, I have found young men who’re found guilty of rape second are not dangerous to the community,” Brantley said. “It’s just a snapshot, a moment in time when they exercised poor judgement probably because of hormones. I don’t think they should have to register as a sex offender for the rest of their life.”

Eric Davis, a defense attorney who handles appointed cases as a contract attorney for Anderson, called the punishment harsh for a second-degree rape charge.

“It’s a pretty harsh penalty for an 18-year-old who’s dating a 15-year-old. He may have to register for the rest of his life,” Davis said. “I think judges should be allowed to have some discretion in the registration issue as long as it’s in the context of a relationship.”

Valeska disagreed and said legislators already changed the age of consent from 18 to 16. He said if he doesn’t prosecute second-degree rape charges, the assailant could move on to another underage victim.

“They’re stealing their youth, their innocence. It’s so preventable. They know how old these girls are, they know what grade they’re in,” Valeska said. “I can’t legislate morality as the district attorney.”

Valeska said grand juries have decided against issuing indictments in several second-degree rape cases.

He suggested one part of the charge could be reviewed, which included whether a 17-year-old convicted of the crime with a 15-year-old victim should be required to register as a sex offender. But he said anyone 18 or older should have to register as a sex offender.

“My job as the district attorney is to enforce the laws,” Valeska said. “The purpose of registration is to protect society.”

He called education a key to at least slowing down the number of second-degree rape charges.

“Ignorance is no excuse,” Valeska said. “They say it’s love, but love is not sex.”

Valeska even said lawyers from the Houston County District Attorney’s Office would go to area schools and talk about criminal law and what type of consequences a violator could face, including second-degree rape.

“They need to be informed,” Valeska said. “I hear from parents ‘He didn’t know. He thought it was not a crime if she agreed.’ I’m not advocating sex, but they should be aware of the law, and the consequences.”

Education

Houston County Sheriff’s Capt. Antonio Gonzalez said he’s been to at least one county school to talk to students about the laws, including second-degree rape. But it doesn’t just fall to teachers, school administrators and law enforcement to make sure teenagers know the responsible actions to take.

“Parents have to talk to their kids constantly, not just the birds and bees, but the legality of it, too,” Gonzalez said.

Parkman suggested education of the consequences not just the legal ones, but the health dangers as well.

“Often they don’t buy that they might go jail, and they’re convicted and have to register for the rest of their life just like a serial rapist,” Parkman said.

Houston County Schools Superintendent Tim Pitchford said the school’s doors are always open for area officials to come and speak to the students.

“It’s something as a school superintendent and principal we need to make them more aware,” Pitchford said. “The unintentional trap they might fall into, you know, what is under age and what is not under age.”

Pitchford said several parents over the past couple of years have even requested someone come to the schools and talk about second-degree rape charges.

“As the world changes, we’ve got to do a better job of educating our students,” Pitchford said. “Our responsibility is not just academics. We have a responsibility to educate our children socially as well.” ..News Source.. by Matt Elofson