You would probably guess Georgia, Mississippi, or West Virginia, but this is from Utah:
SALT LAKE CITY The Utah Court of Appeals is upholding a judge’s refusal to dismiss a sexual abuse allegation against a 13-year-old Ogden girl who became pregnant by her 12-year-old boyfriend.
The appeals court on Friday ruled that the law’s “rigorous protections” for younger minors include protecting them from each other.
The decision leaves the teens in the position of each being both a victim and a perpetrator in the same offense.
“The Legislature certainly may act to protect the health and safety of children, and may more vigorously protect those of more tender years,” Judge Gregory Orme wrote for a three-member panel of the court, which made its decision “with some reluctance.”
The girl’s Ogden attorneys, Randall Richards and Dee Smith, are considering an appeal to the Utah Supreme Court.
Richards pointed out that Utah law says minors under age 14 do not have the ability to consent to sexual activity.
“It’s a paradox,” he said. “How can they be old enough to commit an offense if they’re not old enough to consent to it?”
Juveniles who are 14 or 15 and have sex with peers can be charged with unlawful conduct with a minor but the law provides for mitigation when the age difference is less than four years, making the offense a misdemeanor.