The Other McCain

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Aggravating Circumstances: Against the #FreeKate Campaign for Sexual Anarchy

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.

Beyond the outright lies of the #FreeKate mob — a movement I’ve sarcastically dubbed “Occupy 14-Year-Old Vagina” — their arguments typically boil down to a few sophistries:

  1. Kate is gay and the younger girl’s parents are bigots;
  2. Both girls were in high school together and their sexual activity was consensual, which makes it OK;
    and/or
  3. 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:

  1. 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.
  2. 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.
  3. 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.”

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?




 

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Comments

  • RS

    At the risk of sounding horribly old-fashioned, the sophistries you mention are only possible because our society shifted a long time ago to countenance teens having sex. If the old rules applied, we would need “Romeo & Juliet” exceptions. Instead, society promotes libertine behavior for all, including children, promotes it, instructs it and facilitates it. Then it gets all vexed when stuff like this happens. Heaven forbid, we teach our kids abstinence, though. That’s just bigoted, Christianist thinking.

  • Jermaine

    Thank you – the lies out there and the vile people nastily committed to promoting them are driving me INSANE!

  • dicentra

    A long-time reader over at Protein Wisdom, a mature lesbian woman, is totally not confused by this: http://proteinwisdom.com/?p=49386#comment-986802

    The world is not divided into gay and straight but decent and indecent. Pity there are no external markers for that.

  • Finrod Felagund

    She wasn’t necessarily held back in school in order to be 18 and a senior; it all depends on where the school district draws the line between school-year classes. My oldest brother was born in October, two months difference, and he turned 18 just a month into his senior year. Also in some school districts, it can be up to the parents’ discretion which year to put the kids in if their birthmonth is close to the dividing line.

  • motownmutt

    There’s a guy in Florida who used to be a 14 year old with a 17 turning 18 y/o girlfriend reading this blog with interest.

  • dicentra

    There’s reason to believe that Sodom and Gomorrah was destroyed not (or not only) because there was lots of homosexuality going on but because they had degenerated to the point that there were ZERO constraints on sexual behavior.

    Given what Lot’s daughters did after they left, it’s likely that the inhabitants were doing their kids. His daughters were merely emulating what they’d grown up seeing. If all their little children were being molested, it would be a sin for God to permit them to continue having families and ruining their own souls. Destroying them had become the lesser of two evils.

    The condemnation of homosexuality in Romans 1:26-27 describes an entire society given over to what must have been prison sex: everyone does everyone for the sake of doing it: no longer was sex a means to cement marital bonds or to procreate. (Verses 28–31 enumerate all of the other characteristics they had given themselves over to.)

    We’re headed that way, me hearties, toward sexual chaos. Just as many societies before us have done. We’re not so different.

    And we can’t expect better results from it, either.

    Oh, what’s an #inner? I suspect it’s not a belly-button thang?

  • RichFader

    I’m not seeing the problem with making her register. If it were an 18-year-old guy, would they have a second thought about making him register? Or maybe I should phrase the question, would they even think of NOT making him register?

  • robertstacymccain

    Indeed, all you say is true. Sin begets sin and, if there is never revival — if no one ever has the courage to stand up and call sin by its right name — decadence can happen quite rapidly.

    When the bohemian “Beat” counterculture first manifested itself in San Francisco and New York in the early 1950s, most Americans were shocked, outraged, and hostile. By the 1970s, the nightly anonymous orgies in “glory hole” clubs and bathhouses were sufficient to incubate an epidemic and, when public health officials tried to shut down these clubs, the ACLU took them to court arguing that there was a constitutional “right” to operate such venues.

    That transformation happened in the span of about 30 years despite the strong and active opposition of conservatives. Now ask yourself what could happen in the next 30 years, in an environment where the “JournoList” types, Media Matters, Hollywood, academia and the Democrat Party are doing everything they can to silence or marginalize conservative dissent.

  • dicentra

    When it rains, it pours. The hipsters are already venturing out with the “c’mon, can X be all that bad?” sophistry, “X” being bestiality, polyamory, and incest.

    When it’s more important to strike a pose than to wrassle with the truth, this is what you get: people whose “opinions” are formed solely by fear of being mocked by the cool kids, not by What Is.

    The pace of degeneration can only accelerate. The rest of us will have to flee from among them or “shelter in place,” as it were.

    Mockery has always been the devil’s most potent weapon, because we social animals are not inclined to accept rejection for mere principle. Only a few can escape that kind of peer pressure.

    26 And I also cast my eyes round about, and beheld, … a great and spacious building; and it stood as it were in the air, high above the earth.

    27 And it was filled with people, both old and young, both male and female; and their manner of dress was exceedingly fine; and they were in the attitude of mocking and pointing their fingers towards those who had come at and were partaking of the fruit [of the tree of life, which symbolized the Love of God].

    28 And after they had tasted of the fruit they were ashamed, because of those that were scoffing at them; and they fell away into forbidden paths and were lost.

    citation

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  • Robin H

    It would depend on how consenual it was. If they were dating and the dating advanced at a “normal” pace, then they could reasonably argue consent. However, to me, this relationship started in a bathroom stall and did not seem very consenual.

  • Robin H

    Where does a normal 18 year old get a vibrator? They don’t sell them in Wal-Mart. It will be very interesting to get mom on the witness stand.

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    Well, maybe Kate will luck out and the jury will be three Andrew Sullivans, three Rosie O’Donnells, three Amanda Marcottes, and three Roman Polanskis.

    Oh wait, is Polanski even a citizen anymore? Oh what the hell, three Romans anyway.

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    You can order them through The Other McCain’s Amazon link.

    Since you asked.

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  • 0tty

    Well, I think everyone should order their vibrators and toys using the The Other McCain’s Amazon link, just saying. LOL

  • Shawny

    Mmmmm, I’ll see that and raise you two EB’s and a Shawny. ; ) Other teens watching this need to know this is absolutely inappropriate, stupid and more importantly illegal behavior.

  • AndyN

    Apparently all she needs to do is find a compliant therapist to diagnose her as hypersexual. A 33-year-old teacher just had her 11 year sentence for having sex with a 17-year-old student reduced to 4 months because the judge decided her condition made it impossible to for her to control her sudden urges.

    http://www.nydailynews.com/news/crime/judge-slashes-sentence-va-student-sex-case-article-1.1353552

  • FOAF

    This is too easy. Treat her the same as you would if she were an 18-year-old guy, no more, no less.
    Isn’t that what gays have been demanding, to be treated exactly the same as heterosexuals? If they don’t like it, f*ck em – wait, let me rephrase that …

  • http://wizbangblog.com/ Adjoran

    My reading of the “Romeo & Juliet” clause in Florida is that the convicted person could petition for a reduced amount of time on the sex offender registry under those circumstances, but that is only after conviction and the sentencing report.

    The idea that it’s a “slam dunk case” is questionable, though, since the prosecution seldom offers a plea deal that amounts to a slap on the wrist if their case for a major felony is so strong. There could be some defect in the statement or the waiver that led her attorney to advise rejecting the deal.

    OTOH, if the attorney is some LGBT crusader using her as a martyr, that’s just plain malpractice to let her face ten years for a political point.

  • http://wizbangblog.com/ Adjoran

    Hunt might have avoided legal jeopardy (even though the conduct as alleged is certainly felonious under current law) by refusing to be interviewed without an attorney. Even innocent people can incriminate themselves – even if they told the truth and offered no incriminating evidence.

    Example: You are suspected in a robbery but know you are innocent because you were visiting your mother in another town at the time, so you decide to speak to the cops. Unfortunately, you made no calls and bought no gas on the way, and only Mom can vouch for you – and Mom isn’t much of an alibi on her own, no matter how saintly her visage.

    But an old acquaintance told the cops she saw you in a bar about a mile away from the scene shortly before the crime. She’s mistaken, it was actually the night before, but she has no reason to lie. If you go to trial, your statement and the witness’ together make it appear you lied to the cops!

    But if you had kept your mouth shut and demanded a lawyer, there would be no conflict, the witness statement alone doesn’t incriminate you.

    There are several other good reasons, too: http://youtu.be/6wXkI4t7nuc

  • Good Stuff

    I agree with Rich Fader and FOAF

    If she was an 18 year old boy; it would be jail time and marked for life

    However…
    Internet vigilantism is on the rise. So far, digital avengers have more or less limited their activities to shaming and exposing pedophiles, con men and giant douchebags. However, one can easily see a future where the moral-minded folks dish their harsh citizen justice out on anyone who steps outside the tight parameters of their idea of acceptable behavior.

  • Pablo

    #inners are those who can bear to watch Rachel Maddow’s male alter ego, Chris Hayes.

  • Pablo

    No, they have to be treated better than heterosexuals. They’re your victims, so shut up, h8er.

  • http://youhavetobethistalltogoonthisride.blogspot.com/ keyboard jockey

    About the twitter campaign to nullify criminal punishment for performing sex acts on a child. I had a thought, shouldn’t the people who run twitter make sure that hashtag #FreeKate, isn’t being used by pedophiles and registered sex offenders? I really don’t think that ghey people want their identies associated with “pedophila”. Doesn’t it behove twitter to look into who is promoting sexual child abuse using their social media?

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  • Quartermaster

    Alas, for her, homosexuality is indecent by definition.

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