Why Is Gay Underage Sex Criminalized When Straight Sex Is Not?
A “Romeo & Juliet" law in California keeps many young adults out of the state’s sex offender registry, but not in the case of two Romeos or two Juliets. Now, a new bill filed by state Sen. Scott Wiener, D-San Francisco, could end that inequity and prevent stigma on many LGBTQ young adults in the Golden State.
It’s illegal in California for an adult to engage in sexual intercourse with a minor and normally lands individuals on a registry if convicted. But a provision in the law says that in cases where one partner is age 15 or older and their partner is within 10 years of their age, the adult in the relationship won’t automatically go on a registry even if convicted of having inappropriate relations.
In other words, in an 18-year-old “Romeo” has vanilla, missionary sex with his 17-year-old “Juliet,” he can still be charged with a crime, but he won’t be branded in a public database as a sex offender automatically. A judge can still decide to do so if circumstances of the case warrant it, and this only applies with willing partners.
But if there’s any oral or anal sex involved, the provision goes out the window. Those wicked sodomite tricks land someone in the registry regardless of age or consent. The particularly complicates matters for Romeo-Romeo or Juliet-Juliet relationships where the partners may fall into the same age windows, but the law will consider sex acts so odious it will land the older partner of the registry regardless.
“SB 145 puts an end to blatant discrimination against young LGBT people engaged in consensual sexual activity,” Wiener said. “This bill is about treating everyone equally under the law. Discrimination against LGBT people is simply not the California way.”
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… should be uniform. Hopefully, California will lead the way in fairness for all... I wish they would do something about the age problem... it always bothered me. Two 17-year-olds could be having a consensual, loving sexual relationship; one turns 18, and it's considered rape! Also, when an 18-year-old female has sex with a 17-year-old male, isn't she a rapist? Different if they're married... what about people who don't want to get married?
