Last Updated:August 20 @ 02:55 pm

Suddenly, statutory rape no longer applies

By Miami Herald (FL)

Nearly 80,000 supporters since Friday have signed an Internet petition demanding felony sex charges be dropped against an 18-year-old lesbian who dated a 14-year-old high-school basketball teammate.

Kaitlyn Hunt of Indian River County is charged with two felony counts of lewd and lascivious battery on a child 12 to 16 years old. If convicted, she would be given a sentence ranging from probation to 15 years in prison and have to register as a sex offender.

Hunt turned 18 on Aug. 14, 2012. She and a 14-year-old classmate, known as C.S., began dating in November. They first had consensual sex just before Christmas in a bathroom at Sebastian River High School. The relationship continued through February, according to an arrest affidavit.

"It's outrageous that a law intended to stop adults from preying on children is being used to destroy a high school senior's life," said Nadine Smith, executive director of Equality Florida, the state's largest gay-rights group. "These are schoolmates, teammates. I suppose every school in Florida should start letting high school seniors know they can face 15 years in prison if they turn 18 before the school year is up."

Indian River sheriff's deputies showed up at Hunt's home on Feb. 16, according to her mother.

"My husband answered the door and they asked for my daughter. She wasn't home at the time," Kelley Hunt Smith told The Miami Herald on Monday. "They refused to tell my husband anything. They said it was no big deal. It was just something that happened in school."

Smith said that when her daughter arrived home, deputies handcuffed and arrested her.

"I flipped out, my husband flipped out, my other daughter was crying hysterically," she said. "I can't wrap my head around how they could prosecute an 18-year-old for a felony that carries 15 years in prison. She's scared to death and trusting her parents. We've done everything we can to protect her. We're doing our best."

At the sheriff's office, deputies read Hunt her Miranda rights and she told them about her relationship with C.S. "Your affiant asked Kaitlyn if she knew it was wrong to have sex with C.S. due to C.S. being 14 years old. Kaitlyn stated that she did not think about it because C.S. acted older," detective Jeremy Shepherd wrote in his report.

Hunt's friends and family set up a Facebook page, called "Free Kate."

"When the girls' basketball coach found out that two of her players were dating, she kicked Kaitlyn off the team and informed her girlfriend's parents that their daughter was in a same-sex relationship," the page reads. "The parents then conspired with police to entrap Kaitlyn and press charges."

According to the group, which now has more than 25,000 members, the Indian River County School Board expelled Hunt from Sebastian River and transferred her to an alternative school.

On Friday, Hunt's friends began an online petition at Change.org, "Stop the prosecution of an 18 year old girl in a same-sex relationship."

Within 24 hours, the website collected 57,414 signatures from all over the world, said Jon Perri, Change.org's deputy campaign director.

In Florida, the legal age of sexual consent is 18. In 2007, the state adopted a "Romeo and Juliet" law that would keep 18 year olds from being registered as sex offenders if they had consensual sex with classmates age 15 or older. Hunt doesn't qualify because her girlfriend was 14 at the time they had sex, Indian River State Attorney Bruce Colton said Monday.

C.S. turned 15 in April, according to Hunt's mother.

"She looks a lot older and she's bigger than my daughter," Smith said. "She's in school and goes to classes with upperclassmen."

A month ago Colton's office offered Hunt a plea deal, which she must accept by Friday.

Hunt would plead guilty to third-degree child abuse, face up to five years in prison and not have to register as a sex offender, Colton said. "The plea offer is that we, the state, would recommend two years of community control, plus one year of probation," he said, adding that his office "would stand silent" whether Hunt is adjudicated guilty.

Many Change.org signers say Hunt is being treated unfairly because she is a lesbian.

"Being gay and in a same-sex relationship, I find this ridiculous and appalling," wrote Nathan Johnstone of Melbourne, Fla. "I highly doubt this would be happening in if it were a 'traditional' relationship."

Untrue, Colton said.

"People are saying it's being singled out because it's a gay relationship and that has nothing to do with it," Colton said. "It has no bearing on whether it is two girls or two boys, or an older boy and a younger girl or an older girl and a younger boy. Whatever the combination, it doesn't matter."

___

(c)2013 The Miami Herald

Visit The Miami Herald at www.miamiherald.com

Distributed by MCT Information Services

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27 Comments

  1. walkermanComment by walkerman
    May 21, 2013 @ 1:25 pm

    “It has no bearing on whether it is two girls or two boys, or an older boy and a younger girl or an older girl and a younger boy. Whatever the combination, it doesn’t matter.”

    That is exactly right!
    An 18 year old should know better. Just because “she did not think about it” doesn’t make it right. Now she has to pay the price.

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    • pistol packing mamaComment by txgoatlady
      May 21, 2013 @ 1:49 pm

      And they most certainly have used these laws against boys who have sex with under aged girl-friends. If these homosexuals want equal treatment as heterosexuals, then they have to accept the same definition of statutory rape that is applied to heterosexuals. Boo hoo. Equality stinks, huh?

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      Rating: 4.8/5 (69 votes cast)
    • drsiqueComment by drsique
      May 21, 2013 @ 1:49 pm

      BINGO! Walkerman.
      Apparently, gays want equal rights but don’t care too much for equal responsibility. An 18 year old man, who had sex with a 14 year old girl, would be charged and rightfully so. The case can easily be made that this young woman took advantage of a child and, now that the piper wants his due, she wants to use her sexual orientation as a defense. Maybe she will enjoy herself in a womens prison.

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      Rating: 4.9/5 (63 votes cast)
  2. wumingrenComment by wumingren
    May 21, 2013 @ 1:59 pm

    This is just another example of the Left’s “situational ethics” at work, meaning anything is okay if they say so.

    Leftists can’t decide when a child is a child or an adult is an adult. In the case before us, they wish to have the 18-year-old’s age ignored due to circumstance, but they demand that their age be considered when it comes to voting and drinking. But then, when it comes to paying for their own healthcare insurance, suddenly they’re children again — children until they turn 26 years old.

    Post-modern secular humanism has done this damage, and a reset will occur only as an act of God.

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    • poppoComment by poppo
      May 23, 2013 @ 5:39 pm

      They also cannot realize that a human is a human at conception. Perhaps they think that a human is conceived as an ape then suddenly evolves into a human at the moment of birth?

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  3. frank9Comment by frank9
    May 21, 2013 @ 2:11 pm

    This law is poorly written, I don’t believe the original intent was to apply to high school classmates. Boy or girl, straight or gay doesn’t matter. Laws like this have ruined too many lives and should be changed. The idea today that high school age youth don’t know what they want is stupid! To say it is OK for a 15 year old to have sex with a 14 year old but if one is 18 then that’s 10 or 15 years in jail followed by life as a sex offender makes no sense at all.

    But then it doesn’t have to make sense, it’s just the law.

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    • michiganrebComment by michiganreb
      May 21, 2013 @ 2:35 pm

      So what age do you make the cut off? SWO if an 18 year old has a relationship with a 13 year old is that ok or a 10 year old? Below the age of consent use the “age appropriate” rule 2 years apart. It is up to the adult to be responsible and in this case she wasn’t.

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  4. dwschoComment by dwscho
    May 21, 2013 @ 2:24 pm

    If the situation was an 18 year old boy having sex with a 14 year old girl, they would fry his butt. Since it involves a lesbian, they’re willing to soften the punishment.

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    • capricorn1Comment by capricorn1
      May 21, 2013 @ 3:42 pm

      protect the wicked at all cost.
      let the innocent suffer.
      liberalism 101.

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  5. whodunitComment by whodunit
    May 21, 2013 @ 2:34 pm

    Once again, we’re seeing gay people wanting special treatment. A 14-year-old is a child, and needs to be protected from anyone older wanting to have sex with them. End of story.

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  6. darralComment by darral
    May 21, 2013 @ 2:38 pm

    Over looking a few things, the relationship started when they were both minors, Our Schools are controlled by the Democratic party, Our kids are taught that sex at an early age is ok. Our kids are taught that same sex relationships are ok. These kids did not think they were doing anything wrong, Whether or we you I think they were doing something wrong is not the question, Abolish this Destructive Treasonous Democratic party.

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  7. reelmanComment by reelman
    May 21, 2013 @ 2:43 pm

    The lawless and the secularists are winning…which rots any nation…

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  8. braines57Comment by braines57
    May 21, 2013 @ 2:44 pm

    An 18-year old male having sex with a 14-year old female would be sentenced and punished, so why should a lesbian go free? That is so like the leftist libtards – they scream at the top of their lungs about “equality” and so forth when it suits them, but when it costs them then they suddenly want to cry “foul”. The only “foul” thing about this is an older deviant girl practicing her deviant behavior on an underage one. What I would like to know, is how do the parents of the victim feel? I would like to hear their side of this – are they pushing for the offender to be punished or are they defending her? It doesn’t change the law or the fact that the 18-year old should be punished, but it should impact the severity of the punishment.

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  9. whodunitComment by whodunit
    May 21, 2013 @ 2:46 pm

    No doubt NAMBLA is especially interested in this one . . .

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    • jenerseaComment by jenersea
      May 21, 2013 @ 2:49 pm

      Yeah they are trembling with excitement hoping for this and the chance to turn the Boy Scouts into a homosexual happy hunting grounds. NAMBLA has fought for years to get the consensual age lowered.

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  10. jenerseaComment by jenersea
    May 21, 2013 @ 2:47 pm

    Over the years probably millions of guys have had sex with their girlfriends who were a little younger than them. Not the thing to do of course, but plenty have paid the consequences for doing so. Now this special girl has to pay the price of doing so. She knew better, when you especially turn 18, you loose all the innocent, I didn’t know. You are considered an adult. She is hoping that world opinion of homosexuality will bail her out of this. She is trying to play the homo card and skate free, nothing more, nothing less.

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  11. poppoComment by poppo
    May 21, 2013 @ 3:02 pm

    Sounds more to me like they want to waive the law because she is a lesbian. I doubt that the law has any clauses like ‘unless the minor is bigger than the adult’ or ‘except if the minor looks older or goes to school with upperclassmen’.
    If they had their way, it would probably be acceptable no mater what the age of the minor.

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  12. whodunitComment by whodunit
    May 21, 2013 @ 3:25 pm

    I don’t believe the gay/lesbian community is being honest about their agenda. First they wanted gay marriage, and then they started suing vendors who refused to be hired for said marriages. Now we’re hearing from some of their activists that their real game plan is to change the definition of marriage, so they can abolish marriage altogether. Another argument for gay marriage was that they were to have a definite limit regarding the age of consent. And now here we have a case where they’re trying to lower the age limit.

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  13. prairelivingComment by praireliving
    May 21, 2013 @ 3:39 pm

    If it were a 18 year old high school senior having consensual sex with a 14 year old girl you can bet he’d be prosecuted. The law is the law. Evidently the 18 year old in question has never heard the saying, “15 will get you 20.”

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  14. mickey94558Comment by mickey94558
    May 21, 2013 @ 4:25 pm

    So if a 18 year old boy has sex with a 14 year old girl that is ok, or an 18 year old girl has sex with a 14 year old boy that is ok? So is there any truth that the gay community wants to be able to have sex with any child of any age/gender? Isn’t this the start of the slippery slope?

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    • walkermanComment by walkerman
      May 21, 2013 @ 5:31 pm

      “So if a 18 year old boy has sex with a 14 year old girl that is ok, or an 18 year old girl has sex with a 14 year old boy that is ok?”

      Who said it’s OK? Of course it’s not.

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  15. Pingback: 18-Yr-Old Faces Felony Charges For Lesbian Relationship | Care2 Causes

  16. CharlieComment by vietnamvet
    May 21, 2013 @ 6:22 pm

    ” … it was wrong to have sex with C.S. due to C.S. being 14 years old. Kaitlyn stated that she did not think about it because C.S. acted older,” … ”

    That line has NEVER worked for a guy charged with statutory rape.
    Equality is a PITA, ain’t it girl?

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  17. ibiubuComment by ibiubu
    May 21, 2013 @ 8:54 pm

    Too often, debates center around what’s right (or left), or what’s “acceptable.” What’s LEGAL based on the laws on the books gets lost in the debate. 18 and 14 equals a plea deal, at best…Don’t do the crime if you can’t do the time.

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  18. jimpeelComment by jimpeel
    May 22, 2013 @ 2:57 am

    If this were a consenting act between an eighteen-year-old male and a fourteen-year-old female he would be branded a sexual predator and she would be a “victim.” Funny how, when the tables are turned and it is a homosexual relationship, the eighteen-year-old and the fourteen-year-old become mere “classmates” or “teammates.”

    Do not try to tell me that homosexuals do not want special treatment and special rights not afforded to the rest of society.

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  19. wumingrenComment by wumingren
    May 22, 2013 @ 8:19 am

    Also, what’s the deal with a 14-year-old being in the same class as an 18-year-old. Is the 14-year-old gifted and talented and allowed to skip four grade levels? Normally, an 18-year-old is in the 12th grade, and a 14-year-old is in the 8th grade. There is more to this story, and had I been the reporter, I would have provided “the rest of the story.”

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    • jimpeelComment by jimpeel
      May 22, 2013 @ 10:37 am

      There is that part about being teammates on the basketball team but how is a fourteen-year-old freshman playing basketball on a senior team? You are right about there being more to this.

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  20. truckerjoe77Comment by truckerjoe77
    May 22, 2013 @ 5:05 pm

    The reason the “gay rights” community is so upset is the TRUTH is they RECRUIT from adolescents…turn them and train them.This has been the M.O. for many years,it is why they are salivating at the thought of getting ahold of the Boy Scouts…they already have the Girl Scouts.It has nothing to do with “gay rights”. I know they are going to attack me now,but I do not fear them so bring it.

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