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Constantino Diaz-Duran

The Teen Rape Double Standard

Kathy’s anger is understandable. “This issue has embarrassed our family,” she said. “I mean, how can you give somebody your name, or face your co-workers? People look at you different.”

Purnell shares her frustration, and points out that the root of the problem is not the double standard, but the fact that Alan or Norma could be prosecuted to begin with. “These are kids,” he said. “It’s ridiculous. Lawmakers criminalize common behavior among children, and it’s frustrating, really.”

Dr. Klein agrees. “What is fundamentally not fair,” he said, “is treating consensual sex between teenagers as a crime in the first place. Once you criminalize sex between teenagers, then it’s only a matter of how much harm you’re going to cause; how much destruction you’re going to bring into people’s lives. In the case of the 17-year-old girl, you’re bringing in a small amount of destruction into her life. In the case of the 17-year-old boy, you’re bringing a lot of destruction into his life.”

Alan has not yet been convicted, and his lawyer is negotiating a plea agreement. In the meantime, as Norma and other 17-year-olds look forward to finishing high school, Alan is left wondering if he will be able to come back for his senior year. He might be in prison by then.

Constantino Diaz-Duran is a writer living in Manhattan. He has written for the New York Post, the Washington Blade, El Diario NY and the Orange County Register.

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March 19, 2009 | 6:46am
Comments ()
fenngibbon

This is beyond outrageous. That DA should be kicked out of office.

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7:17 am, Mar 19, 2009
scott1607

You think this is bad? Try changing the facts and make the sex between two boys! Once again our Puritan hysteria is burning people at the stake.

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7:29 am, Mar 19, 2009
sweetmoses

There is a big difference between an older man having sex with a younger female and vice versa. The two genders do have different roles in society, no matter how much people try to deny that fact.

That said, there's also a huge difference between a 17 y.o. having sex with a 14 y.o. and a 30 y.o. doing it. Given the fact that the kids are all in the relatively same peer group, it's only normal that such interactions will inevitably happen.

But this illuminates the problem with the criminal justice system as a whole. People within the system are so caught up with the letter of the law that they willfully ignore the human conditions that may have caused a person to break the "law." Couple that with politicians' affinity for creating laws on an almost daily basis and you have a society that locks up more of its citizens than it educates. It really is pathetic.

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8:31 am, Mar 19, 2009

This user is no longer registered.

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9:02 am, Mar 19, 2009
connie47

This is a travesty. Further, if convicted this boy will have "sex offender" attached to his name and it will follow him wherever he goes. His neighbors will be able to pass on the information, without the little detail that he was with his girlfriend.

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9:32 am, Mar 19, 2009
Derida

Media sells sex to women. Young girls learn to sell a "sexy" self. Young men respond. They 'fall in love'. Whats new about this? Ah yes the legal industry has begun a campaign to target the young as a source of funding. 50 year olds from the free love generation figured out yet a new way to make money to support their greed. The gift that keeps on giving from a generation that will feed off any issue to make money. Reminds me of labeling the young as pediphiles for sex messaging...........THE LEGAL INDUSTRY HAS GONE TOO FAR- PARENTS PAY UP OR WATCH YOUR KIDS GO STRAIGHT TO PRISON! If the legal industry of watch dogs is so intent to purify the culture why not start in Hollywood? Charge the film makers first for selling smut er art. This double standard has gone too far!

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10:04 am, Mar 19, 2009
BearlyLegal

The unreasonable discrimination in this matter is a clear example of denial of equal protection under the law to both the "offenders" in this crime as well as the "victims". If our society chooses to (irrationally) criminalize this form of behavior, we must at least provde equal protection of the laws to involved parties.

The DA's discriminatory treatment of the defndants in this matter are plainly evident, but as the article implies, our criminal justice system is skewed toward draconian measures toward boys and men. This phenomenon is plainly evident in prosecutions for statutory rape, domestic violence, and a number of other issues.

As much as we claim equality under the law, the 14th amendment is a de facto sham.

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10:11 am, Mar 19, 2009
Martyz42

Aside from this travesty of justice, why can a 17 year old girl join the army, fight & be killed but not have sex until she is 18 in most States as well as not be able to drink in most States as well as not be able to vote. This 17 year old girl I guess is only good for one thing, join Bush type wars, fight & be murdered in the bush wars & that is OK with the Bushy people that won't allow her to have sex.......Maybe she should just say no to sex, like the millions of American girls do every day. (Oppps, they say no to birth control that is why teen age pregnancy in 2007 was the highest in the whole history of the United States)

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10:16 am, Mar 19, 2009
jaymzjay

Nothing you said in your response is relevant to the fact that the 17 year old girl is only facing nine months for doing the same thing as a 17 year old boy who is facing 40 years in prison. Yes, Bush messed up this country and the negative effects of his eight years in office will be felt for a long time to come but it is not relevant to this news story. Why would you make this about the girl when the double standard is clearly levied against the boy?

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3:33 am, Jul 10, 2009
pricklypear

There is no mention of the teens' parents in all of this. Who pressed charges?

Oh, that's right, parents don't count.

Personally, if the 14 yr olds were my kids, the 17 yr. olds would be more afraid of my justice than the authorities.

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10:32 am, Mar 19, 2009
godnosnotru

Many times when these stories have hit the news featuring such as that hot blonde who seduced a 15-year-old, I've wondered what it would be like to be that age with that experience. I cannot for the life of me comprehend or even locate the slightest downside or even irritation. So an older beauty issues me into adolescence. It would be far better than my own fumbling efforts. Am I to forever suffer some sort of qualm about English if I've slept with my high school English teacher?

Boys and girls, in persons, papers, and effects, are altogether different, and mileage always has and forever will vary.

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10:33 am, Mar 19, 2009
cudmaster

The scary thing is that these kids will be branded sexual predators for the rest of their lives... well at least the boys will.

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10:43 am, Mar 19, 2009
madamemoine

There is a big difference between an older man having sex with a younger female and vice versa. (sweetmoses)
Apart from the obvious difference in genitalia, what exactly is the big difference? Satements such as these perpetrate the double standard.

All concerned are teenagers experimenting in normal behavior for their age group. If you are not happy about teenagers having sex, get real because they will continue to do so - that is the nature of teen rebellion. Instead of preaching abstinence which is blocked from a teen brain, supply them with education on protection from STD's and more importantly unwanted pregnancies ( It has just been announced that after a 14-year decline, the rate is rising again).

I sure hope the DA is an elected position and that he gets tossed out in the next election since he certainly does not represent justice and equality.

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10:45 am, Mar 19, 2009
UltimateFitz

Martyz42
There are no 17-year-olds in the U.S. military (male or female) let alone in a combat zone. Yeah, I know you can join the military at 17 BUT you won't start serving until you're 18. Bash Bush all you want (on a teen sex article?) but get your facts straight at least.

As for the actual article, good reporting.

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10:55 am, Mar 19, 2009
jaymzjay

You can serve in the military at the age of 17 with your parents permission. Theoretically speaking, with basic training and infantry school only spanning about four months of training, that leaves a chance of about eight months of combat before your eighteenth birthday.

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3:46 am, Jul 10, 2009
pricklypear

madamemoine:

It is not 'normal'.

It is normal for kids to be involved in their studies, sports, music, worshipping, jobs, chores, families, friends, neighbors, movies, books, vegging in front of the TV, bowling, lifeguarding, babysitting, tutoring, gossiping, fantasizing, community servicing, griping, complaining, shopping, dancing, concert-going, birthday-partying, sleeping, napping, surfing, texting, IM'ing.

Once they are 18, they are adults and have the maturity to make their own decisions.

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11:17 am, Mar 19, 2009
pricklypear

Oh, don't forget grocery shopping, cooking, laundry, and mowing the lawn.

It is natural to be curious and drawn toward sex. But is up to we parents to keep them guided in the right direction which includes getting a good education and life skills to live. Sex belongs to adults. Enjoy.

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11:26 am, Mar 19, 2009
Bulldoglover100

The CITY needs to bring charges against the DA.
It can, and has been, done on the past.

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11:30 am, Mar 19, 2009

This comment has been removed by The Daily Beast's editors.

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11:31 am, Mar 19, 2009
SalisburySage

My god aren't there any good samaritans out there in Sheboygan to bail this kid our of jail.

The people of Sheboygan should be ashamed, them must be a bunch of losers.

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12:14 pm, Mar 19, 2009
finderj

Usually when a sentence begins with "Everybody knows...", it ends with crap. In this case, though, everybody knows that there is definitely a double standard in dealing with underage sexuality and the way girls and boys are treated. Young girls who lie about their age to convince an older boy to date them, and who initiate sex with older boys are a reality today. The boy, however, is almost always the one prosecuted. What is he supposed to do? Ask for ID? And if hers is fake, then what?
Older boys who prey on younger, more vulnerable girls are a reality as well. Again, however, consensual sex, even between underage partners, is not the same thing as a 25-year-old man seducing a 12-year-old girl.
Courts and district attorneys need to have the sense to prosecute criminal behavior and leave morality to God.

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12:43 pm, Mar 19, 2009
smithstar4

Even though it is not politically correct to say -
-sweetmoses is correct. A 30-year-old male teacher having sex with a 15 year-old girl would be wrong but a 15 year-old- boy having sex with a good-looking 30-year-old female teacher would be called "getting lucky" back in my day. (But there were no 30-year-old good-looking teachers in those days for some reason-l) But that's just the way it is and all the screaming from liberals will not change it. It's the biology,stupid.

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12:55 pm, Mar 19, 2009
tnflyboy

@pricklypear
You and I have a difference of opinion on what is normal and I think it comes from the activity listed between music and jobs. Adolescents are running around with crazy amounts of hormones in their blood, compared to their previous years, and these are usually pushing them to try new things and maybe explore their sexuality. The traditional religious view is to suppress these feelings until later on in life, whether that be the magic age of 18 or more typically marriage. But in my opinion it makes more sense to acknowledge these feelings/desires and control them in such a way that one doesn't get hurt (physically, emotionally, whatever), and this does not mean preaching abstinence as the only option.

More on the topic though, I'm very glad to see reporting like this in TDB. This is an egregious case of a double standard that needs to be stopped. If there were an add-on piece to this, I'd be interested to see what NOW and other women's lib organizations have to say about it. If they truly want equal rights, then this is also a topic that should be taken up.

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1:04 pm, Mar 19, 2009
PatriceFitz

On the other hand, I know of a case where a 15-year-old girl tried to get police to prosecute the two boys (15 and 16, peers and then-friends) who held her down and committed sexual battery -- but the police dismissed it as "just kids."

There is another side to this picture. The reason for statutory rape laws is that the young people involved are not considered mature enough to give consent.

It is not okay for my kids to have sex any old time they feel like it -- and I am happy that there are laws that support that.

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1:18 pm, Mar 19, 2009
sickandtired

I agree with tnflyboy's comment on how NOW, etc. would view this topic. I am a feminist & the mother of 2 boy's. One of which is turning 13 this month & has hit hormones head on. We talk about sex openly in this house... all aspects of it without giving him permission. But, I want to be the one who is honest with him about it so he will feel comfortable to talk to his parents when he needs to.
And, yes there is a double standard in this society. If my son had sex with his 11 year old girlfriend, the people around here would blame it all on him. (Not the poor "innocent" girl) Yet, it is the girls burning up our phone all the time, tracking him down in the neighborhood. And trust me they know how to be cute as a button. So, why don't we just get real & admit that sex is revelevant in our teenager's lives. It sure was in mine & I am still married to my high-school sweetheart after 16 years.
The point is to stop acting like it doesn't exist & be open with them. Teach them right & wrong & what they need to know to keep safe. And when they leave your house, simply hope that you raised them well. Talk to your kid's & they will talk to you.
And make the laws the same for both boys & girls. If it is a felony for the boy (which is ridiculous) then it should be for the girl, too.

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1:34 pm, Mar 19, 2009
scott1607

Pricklypear, there is a huge difference between your wishes/hopes of what "normal" is and the reality that the rest of us live in. What, you actually think kids magically morph into adults at age 18?! And lulz, "sex belings to adults" -- kind of like Trix is for kids? That always works on the rabbit, huh?

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1:50 pm, Mar 19, 2009
smithstar4

sickandtired
What a burden it must be on your son to be so good-looking that the girls are actually"tracking him"--Wow--Do they use bloodhounds? Maybe you can get him in a witness-protection program. Only God knows what fiendish thoughts these 13-year-old girls have in their heads while they're pretending to be "cuter than buttons". Has your son ever been sexually molested by these vicious girls? Probably so. How tragic- Boy,that could ruin him for life.

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2:17 pm, Mar 19, 2009
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The Teen Rape Double Standard

by Constantino Diaz-Duran

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