Posted on | May 25, 2013 | 45 Comments
“The law is what it is, and if it is truly equality the Gay rights activists want, then they have it in this case. . . . You do not get to scream ‘special privileges’ when you break the rules.”
– Doug Hagin, “An undeniable truth, sex sells”
“Judges want to f— young girls. Juries want to f— young girls. Everyone wants to f— young girls!”
– Roman Polanski
“Don’t piss down my back and tell me it’s raining.”
– Colonel Fletcher, The Outlaw Josey Wales
Some perverts get away with it and some perverts go to prison, and there are certainly people walking around scot-free today who have done things worse than what Kaitlyn Ashley Hunt admitted doing to a 14-year-old girl in Sebastian, Florida.
Does this mean Kate Hunt should go free? I think not.
- Kate is gay and the younger girl’s parents are bigots;
- Both girls were in high school together and their sexual activity was consensual, which makes it OK;
- Heterosexual cases involving 18-year-olds and 14-year-olds have been pleaded down to misdemeanors, so it was wrong for Florida prosecutors to have offered Kate Hunt a deal that required her to plead guilty to a felony.
All three of these arguments are flawed:
- Parents do not forfeit their right to the protection of the law merely because of their opinions. Even if it were proven that Jim and Laurie Smith, parents of the younger girl, were particularly prejudiced against homosexuals (an assertion they deny), this does not nullify the Florida law against sex with 14-year-olds. The parents’ motive in reporting the crime doesn’t decriminalize Kaitlyn’s action.
- Kaitlyn Hunt was older than most high school students. I’m grateful to Phil Kerpen (who is more libertarian than conservative, I should mention) for pointing out that Hunt’s birth date (8/14/94) meant that she was already 18 before she even started her senior year in high school, whereas most seniors are 17. Kerpen wondered if Hunt may have been deliberately “held back” a year, a not-uncommon scholastic practice known as “redshirting.” Whatever the explanation, the mere fact of two people going to school together does not void Florida’s law against sex with 14-year-olds, and the same law states specifically that “consent” is not a defense.
- Prosecutorial leniency in some cases cannot be used as an argument that leniency should be extended to all cases, and the discretion of prosecutors requires them to judge each case on its merits. There may be valid reasons why other perpetrators were allowed to plead down to misdemeanor charges, whereas there may also be valid reasons why prosecutors insisted that Kaitlyn Ashley Hunt could only avoid trial by pleading guilty to a felony.
The most likely reason why prosecutors are not caving in to the #FreeKate mob, I suspect, is that this case involves certain aggravating circumstances. For example, the first sexual activity between Hunt and the 14-year-old freshman (which Hunt admitted, according to the arrest affidavit) took place on school property, in a toilet stall.
Do Floridians really want to permit such things? I think not.
Another aggravating circumstance involves the night of Jan. 4, 2013, which is described in the affidavit (“Smith” is the 14-year-old) :
[Smith] told [Sheriff's Department Detective Jeremy Shepherd] that there was one occasion that she ran away from home in January of 2013. [Detective Shepherd] researched this and learned that [Smith] ran away on January 4, 2013. [Smith] stated that Kaitlyn picked her up and took [Smith] back to Kaitlyn’s house at 231 Stony Point Drive, Sebastian, Florida. That night, while in Kaitlyn’s bedroom, [Smith] and Kaitlyn put their fingers inside of each other’s vaginas, put their mouths on each other’s vaginas, and both of them used a vibrator on each other to insert it in each other’s vaginas. . . .
During the interview [with Kaitlyn Hunt] . . . Kaitlyn also confirmed that she put her finger inside of [Smith's] vagina the time that [Smith] ran away from home and they met up. [Detective Shepherd] asked Kaitlyn if she knew it was wrong to have sex with [Smith] due to [Smith] being 14 years old. Kaitlyn stated that she did not think about it because [Smith] acted older.
No further questions at this time, your honor. Defense, your witness.
You see what an open-and-shut case this is? Kaitlyn doesn’t deny what prosecutors would call “digital penetration,” although the younger girl’ s claims about cunnilingus and penetration with a vibrator are evidently still a she-said/she-said situation.
Nevertheless, fingering a 14-year-old is sufficient offense to convict Kaitlyn Ashley Hunt on the felony charge of “lewd and lascivious conduct” under Florida law, and Hunt admits that this occurred in her bedroom on Jan. 4, while the younger girl was a runaway.
The 14-year-old’s parents, Jim and Laurie Smith, say when they woke up the next morning and discovered their daughter missing, they had no idea where she was and feared she had been abducted — every parent’s worst nightmare, a situation that any responsible adult would seek to prevent. Kaitlyn was 18 years old, an adult old enough to be considered responsible and — we might well ask — where were Kaitlyn Hunt’s parents during this Jan. 4 episode?
This is unknown, but I’ve seen enough of the arguments made by Kaitlyn’s mother to believe that she condoned her daughter’s affair with the 14-year-old, and to suspect that Kaitlyn’s home environment was one of permissiveness bordering on negligence. Leaving aside that question, however, the known facts regarding the incident of Jan. 4 qualify as aggravating circumstances which, I think prosecutors will argue, would make them negligent of their own duties if they were to let the defendant plead down to a misdemeanor.
Many of those in the #FreeKate mob have argued — and this would be Number Four on the list of their common sophistries — that the felony charge is wrong because it would require Kaitlyn’s name to be placed permanently on the sex offender registry. This argument, like all their arguments, is false.
The applicable statute includes a “Romeo & Juliet” exemption if the defendant is no more than four years older than the (consenting) victim. The age difference between Kaitlyn and the Smith girl is three years, eight months (44 months), so this exemption would be applicable, and prosecutors said quite clearly that it would be up to the judge at sentencing to determine (as the law provides) whether or not to put Kaitlyn’s name on the sex offender registry.
Most lawyers would probably advise their clients in such a circumstance to accept the deal, but Kaitlyn turned it down, and the prospect of a June 20 trial in this case is fraught with peril on both sides.
The 14-year-old (who turned 15 just last month) might be required to testify, and there is the prospect that Kaitlyn’s lawyers, having given her bad advice so far, might be foolish enough to have her testify in her own defense, which could set up a dramatic cross-examination by the prosecution. A trial like that might become the biggest tabloid-TV drama since the O.J. Simpson case.
The back-and-forth stuff between pro- and anti-Kaitlyn factions on the Internet is just a warm-up for the big show, but like the man said, “Don’t piss down my back and tell me it’s raining.”
— Robert Stacy McCain (@rsmccain) May 25, 2013
Right now, I don’t know what angers me more: The deceptive sophistry practiced by the #FreeKate mob, or the ostentatiously disinterested poses of legalistic even-handedness struck by Jazz Shaw and Doug Mataconis. People who care about America’s future should be angry about this case and, personally, I’m so angry I’m starting to get angry at other people for not being angry about it.
If we can’t draw the line here, folks, there is no hope at all.
Supporters of Kaitlyn Ashley Hunt are making flawed and dangerous arguments which, if we don’t argue back against them, could subvert the rule of law and bring about a culture of sexual anarchy, where school children are violated and corrupted “consensually” and parents have no legal recourse to prevent such outrageous behavior.
Are judges and prosecutors in Indian River County, Florida, reading this blog? Are the citizens of Florida reading it? Are readers concerned about the direction of our culture sharing these arguments on your Facebook pages and via e-mail with your friends?
“All that is necessary for the triumph of evil is that good men do nothing.” Will you let it be said that you did nothing?
- May 25: #FreeKate Lies Rejected by Daily Kos Staffer, and Other New Developments
- May 24: Because She’s Cute, That’s Why
- May 24: BREAKING: Kaitlyn Hunt Refuses Plea Offer, Will Face Trial on June 20
- May 23: Damn You, #FreeKate Liars! UPDATE: Parents of 14-Year-Old Girl Speak Out
- May 22: Liberals Now Arguing for a Lesbian’s Right to Have Sex With a 14-Year-Old Girl