January 8, 2017

State lawmakers consider raising age of consent to 18

1-8-17 Indiana:

Should a 56-year-old legally be allowed to have a sex with a 16-year-old? One Indiana lawmaker says no.

State Rep. Karlee Macer, D-Indianapolis, said she intends to introduce a bill that would raise the age of consent from 16 to 18.

If the bill passes, Indiana would join about 11 other states in having the oldest age of consent in the country. The laws in most states — including Michigan, Ohio and Kentucky — allow 16-year-olds to consent to sexual intercourse, according to data provided by the National Conference of State Legislatures. Illinois' age of consent is 17.

Macer said she believes the bill would give prosecutors and judges another tool to hold people accountable for preying on children.

"I think what’s happening in our state with our children right now is a crisis," she said.

Macer said her bill would create a criminal offense called "indiscretion," which could be filed against someone at least 23 years old who engages in sexual conduct, fondling or touching with someone who is at least 16 but younger than 18. The bill had not been filed as of Friday evening.

Indiana law already makes it a crime for those in positions of power, such as teachers, coaches or mental health professionals, to have sex with someone under 18. But it is not a crime for other older adults, such as neighbors, co-workers or acquaintances, to have sex with someone as young as 16.

Connie Smith, public affairs officer for the Indiana Prosecuting Attorneys Council, said her organization has neither seen the bill nor had an opportunity to discuss what, if any, stance it will take.

Larry Landis, executive director of the Indiana Public Defender Council, expressed concern about Macer's proposal.

In the past, he said his organization supported proposals to criminalize the sexual conduct of those who abuse positions of power, such as teachers or military recruiters. But Landis said a bill raising the age of consent to 18 may create more problems than it solves.

"You can’t over-legislate and say you’re going to control the sexual behavior of people," he said, adding, "It might prevent a few abuses, but generally it doesn’t. Deterrents generally have limited effectiveness because people don’t think they’re going to be caught. It sounds like a solution in search of a problem to me."

Indiana legislators considered raising the age of consent several years ago, but it stalled amid concerns about how the law would affect sexual relationships between younger individuals. Under current Indiana law, teenagers in ongoing relationships can have consensual sex if they are under 21 within four years of age difference.

Macer said her proposal would not affect "young love." The bill is needed, she said, to give authorities another way to stop sexual predators.

"We can do more," Macer said. "We can do better." ..Source.. by Marisa Kwiatkowski

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