Age Discrimination is Alive and Well
Teen actress Jamie Lynn Spears, younger sister of pop diva Britney Spears, recently announced that she is pregnant. Jamie Lynn is 16 years old while her boyfriend, Casey Aldridge, who is responsible for her pregnancy, is 18. So far, there has been no talk of prosecuting him for any crime. Assuming he is never prosecuted, this is a complete outrage and a clear case of legalized age discrimination. Why? Because if a 38-year-old man, for example, had gotten her pregnant, law enforcement officials would be nailing him to the wall right now, likely charging him with statutory rape and forcing him to register as a sex offender.
This inequity of justice is actually coded into the law in most states. For example, in California, where spears now spends most of her time, it is considered a misdemeanor for someone who is one or two years older to have consensual sex with someone under 18. However, for someone as much as three years older, it is considered a felony. What kind of sense does that make? While the laws vary by state, most states follow California’s example and punish older offenders more severely than younger ones. I’m not a lawyer and I don’t play one on TV, but this seems me to be a brazen violation of the Constitution’s equal protection clause. Any older person who has ever been prosecuted for consensual sex with a teen in California should use the Spears case to file an age discrimination suit against the state. Hopefully, at least one of those cases would make it to the U.S. Supreme Court, resulting in all such age discrimination laws invalidated nationwide.
We can see how stupid and unjust these laws are when we hypothetically apply them to other crimes. Let’s say a state had a law that said armed robbery is a felony for most people, but just a misdemeanor for those under 25. Or, worse yet, a law that said murder is not a criminal act for anyone under 25. How much sense would those laws make? Absolutely none, and neither do laws that prosecute older people who sleep with teens more severely than those closer to their age who commit the same acts. Now, am I in favor of older people having sex with teens? Of course not. However, if consensual sex with minors is going be illegal, it should be illegal for everyone and the punishment should be equitable, no matter what the age of the offender.


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