Kaitlyn Hunt, gay Fla. teen charged for underage girlfriend

[J.R.E.]

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/cfn/2013/5/21/kaitlyn_hunt_underage_girlfriend.html

SEBASTIAN --

An 18-year-old Florida cheerleader in Indian River County is facing felony charges that she had sexual contact with her underage, 14-year-old girlfriend, leading gay rights advocates to say the teen is being unfairly targeted for a common high school romance because she's gay.

The criminal case against Kaitlyn Hunt is unusual because it involves two females, not an older male and a younger female. But advocates say older high schoolers dating their younger counterparts is an innocuous, everyday occurrence that is not prosecuted -- regardless of sexual orientation -- and not a crime on par with predatory sex offenses.

Hunt played on the Sebastian River High School basketball team with her younger girlfriend and shared the same circle of friends, said Hunt's mother, Kelley Hunt Smith. The high school is in Sebastian, just south of Brevard County.

The two had a consenting relationship that began soon after Kaitlyn Hunt turned 18, and Hunt Smith said she assumed the younger girl's parents knew that.

But Hunt was kicked off the basketball team near the end of last year after the coach learned of the relationship because players were not allowed to date each other, her parents said. Then, in February, she was charged with lewd and lascivious battery on a child 12 to 16. The day before she was arrested, police and the younger girl's parents secretly recorded a phone conversation in which the two girls discussed kissing in the school bathroom, said Hunt's father, Steve Hunt.

"It's horrible. For my daughter's sexual preferences, she's getting two felony charges. It could possibly ruin her future," Steve Hunt told The Associated Press in a phone interview Tuesday.

The alleged victim is identified only by her initials in court documents, and her parents have not been publicly identified. The AP does not identify alleged victims of sex crimes.

Kaitlyn Hunt, who hopes to become a nurse, declined to be interviewed and is scared, her father said. However, the family has received support from all over the world, with messages coming from as far away as New Zealand, the Netherlands and Canada, Steve Hunt said. He said he reads them to her to keep her spirits up, but she feels like she has let everyone down, he said through tears.

Prosecutors have offered a plea deal to Kaitlyn Hunt that would allow her to avoid registering as a sex offender if she pleads guilty to lesser charges of child abuse. State Attorney Bruce Colton said he would recommend two years of house arrest followed by one year probation if she takes the deal.

If she is found guilty, it's also possible that Hunt could apply to not have to register as a sex offender under a "Romeo and Juliet" law because the girls were no more than four years apart in age, Colton said.

Colton said the victim's family is not pushing for prison but wants Kaitlyn Hunt to be held responsible in some way. However, the Hunt family said they would accept a plea deal only if the charges are dropped to a misdemeanor.

"One of the reasons this case has gotten people's attention is because it's being publicized as a person being persecuted because she's gay, and that has nothing to do with the case, nothing to do with the law, nothing to do with the sheriff's office filing the charges," Colton said. He said the law is designed to protect younger children from older children who might be more aggressive in starting a relationship.

"The law doesn't make any differentiation. It doesn't matter if it's two girls or two boys, or an older boy and a younger girl or an older girl and a younger boy. Whatever the combination, it doesn't matter."

However, gay rights advocates aren't buying that. The American Civil Liberties Union of Florida said Kaitlyn Hunt is being criminalized for behavior that "occurs every day in tens of thousands of high schools across the country, yet those other students are not facing felony convictions ... and potential lifelong branding as sex offenders."

Her support extends beyond the ACLU. A "Free Kate" Facebook page has generated more than 30,000 followers so far, and an online petition urging that the charges be dropped crashed at one point because it got so much traffic. It now has more than 100,000 signatures. And during a press conference Monday, dozens of supporters showed up outside of the Indian River Sheriff's Department, many wearing T-Shirts that read "Stop the Hate, Free Kate" with rainbow hearts.

"It's very difficult under these circumstances when the defendant and the victim do not see what they're doing as a crime, but understandably the law is very clear that when someone is more than four years older than the victim and the victim is under the age of 16, then they cannot give legal consent," said New Jersey defense attorney Gregory Gianforcaro, who has represented victims and defendants on both sides of this issue.

Gianforcaro said that Hunt's case is clearly not a predatory situation and that prosecutors should consider that when they look at sentencing and plea bargains.

"This is a very uncommon situation because of the fact there are two women. However, if it were a man and a woman and there was more than four years of an age difference, it's very possible that that kind of situation would be pursued criminally as well," Gianforcaro said.

The family said Kaitlyn Hunt had been demonized by some, and they disabled her personal Facebook account to protect her from negative comments. At school in February, her 17-year-old sister spent a half-hour cleaning a mirror where someone had written a slur against women and other words including "rapist" and "disgusting," Steve Hunt said.

In the meantime, Kaitlyn Hunt has been attending an alternative school since her expulsion and will be allowed to walk with her class at graduation in June. Her mother said she was expelled by the school board even though a judge ruled she could stay.

Sebastian River High School's principal and assistant principal did not immediately respond to emails sent Tuesday.

[mecch]

Thanks for the article post.
So, what's your take on this situation.
I think the parents of the younger girl are wasting a lot of people's time and money and possibly ruining someone's life.  For what?
That is, assuming that the younger girl was consensual about the relation. 

[tednlou2]

Students are not prepared to deal with legal issues of dating someone younger, once they turn 18 and are still in school.  I would think many don't think anything of it.  They still feel like a minor, themselves.  Many treat these 18 year-old students as predators.  This was common practice back in the day.  My aunt was 14 when she married her husband, who was 18. 

There was a recent story of a gay 18 year-old student, who allegedly sought out sex with several 13 year-olds.  I am a little conflicted about this case.  It is one thing to meet someone who happens to be younger, but if true, this would seem like someone with an obsession with 13 year-olds.  And, at 13, you're in middle school.  However, many schools combine middle with high school in one building. 

http://www.wdrb.com/story/22182945/police-new-albany-man-used-facebook-to-solicit-13-year-old-boys

[J.R.E.]

Chris Hayes, had the mother, daughter, and attorney, on his show tonight. I would certainly hope that the felony charges can be dropped to at least misdemeanor.


http://video.msnbc.msn.com/all-in-/51972480#51972480


Ray



 

[mecch]

Ted the other case you refer to is rather creepy.

I would like to know if my handle on the two girls is correct.  Its not the younger girl motivating the prosecution.  Its her parents.  Right?  And the DA is perfectly content because, well, there's a law, for one, and it's lesbian, icky stuff....   See because it sounds like a witch hunt...

Maybe there is something missing in what we know...   So far, these punitive parents sound like assholes, who can't deal with their daughter's sexuality...

All said, I do think there is reason to question the judgement of the older girl...  Don't see the point in ruining her life and having her register as a sex offender or child abuser.. 

Its such a pity when we have laws that are mostly constructive but which sometimes result in miscarriage of justice. 

[Ann]

I read an article about this yesterday (sorry, don't have the link) where it was made clear that this relationship started when the older young woman was under 18.

The article also included a quote from one of the younger woman's family members that the parents believed the older one "turned their daughter gay". So it ultimately stems from the belief that people can be "turned gay". As if. As if the "pray away the gay" type religious programs are so successful.

This absolutely sucks and the parents of the younger woman should be absolutely ashamed of themselves. I feel so very, very sorry for both young women involved.

STOP THE HATE!

STOP THE IRON-AGE ATTITUDES!

[randym431]

I'd love to be an attorney and have this case.
First of all, the affair started when both were under age.
Both were willing parties.
No doubt both are gay.
Knowing you have gay tendencies at the age of 14 is not unusual.
There are so many argumental points to be made.
At what age does one know they are gay?
Is it legal for two teens, both under 18, to have relationship?
I could go on and on.

Then you bring in the idea of so many people, married couples, claiming they were high school sweethearts.
Can this be turned into some crime come later years?

Has or can parents follow legal challenges when two kids, teens under 18, start up a relationship?

This case could easily get it tossed out. I have no question on that.
And convincing any jury that this is an inappropriate case in the first place, a "set-up" if you will, would be more than easy to make as a case.

I hope this goes to trial.
I guarantee the parents pulling this little stunt will be sorely sorry and humiliated in the end, as well as losing the love and trust of their gay child.

And the 18 year old, hopefully, will not make any "deal", because she can come out of this squeaky clean. Why risk or accept the burden of a cloud hanging over her head, for making a plea deal?
Both girls can easily walk away from this unscathed.

And the parents being exposed for what they truly are, but to me exposing the parents doesn't really matter. Not the goal here.
Its still not a crime to be a bad parent, have bad judgment, or bigoted tendencies.
 

[Jeff G]

I agree this case is one that should not be but disagree with the notion that this as a easily defended case , its far from it . The way the law is written the 18 year old is now caught up in the system that doesn't take anything into consideration except for the law as its written ... and she is clearly on the wrong side of the law on this and in danger of having to carry the label of pedophile with her for the rest of her life if she doesn't cop a plea to lessor offense . She is not in a position of having the upper hand in this matter .   

[mecch]

randym431, I agree with with Jeff.  You make arguments we feel are true and/or wish to be true.  But the law is the law.  Don't forget there are people in jail on HIV transmission and/or disclosure laws, who never put anyone at risk.  1 in 3 black men can expect to go to prison in the USA in their lifetime....  It aint a pretty picture.  Haters gonna hate and if they have a law on their side to twist the knife, they use it. Even without laws, there is "God"...

http://www.queerty.com/gop-goes-for-raving-homophobe-as-va-lt-gov-candidate-20130520/

[Habersham]

Hello - does anyone know exactly WHAT the law is in Florida? I know from college that the law in Pennsylvania is that "the parties may be no more than 4 years apart". That is whether one is of age (over 18) or not. The 18 yr old males in my class were very interested in whether they could date a 16 or 17 year old girl!!!!!!

So, is she in trouble because she had reached her majority? What is the Florida law and how was it broken?

Thanks!

[tednlou2]

She has been arrested again, and the plea offer has been withdrawn.  Allegedly, she sent 50,000 text messages to the other teen, as well as explicit pics, when she was ordered to not have any contact. 

I get true love and all that, but her alleged actions make me wonder whether she doesn't care, or has a mental issue.  Texting her would be the last thing I would do, even when I was 18.  She is 19 now.  And, if true, sending explicit pics would not be an option.  I would know her parents were monitoring her texts, and that I was leaving a trail of evidence.  Perhaps, she is willing to do anything for love.

I know the law is messed up.  A 23 year-old could have sex with a 16 year-old there, but a senior is violating the law, by having sex with a freshman.  There should be laws protecting students, who are in the same school, or within 4 years of age.  And, we are schizophrenic about what an adult is.  18 is an adult and you can die in war, but you're not mentally ready to drink alcohol, or rent a car.  You can't go to a casino, until you're 21.  Even the word eightTEEN makes you feel that you are still basically a kid.  So, maybe the age you're an adult needs changed to 21.  We send mixed messages.

http://www.huffingtonpost.com/2013/08/19/kaitlyn-hunt-arrested_n_3782890.html