This bill removes mistake of age as a defense to criminal sexual conduct with a minor. It strikes the exclusion of people under 18 from liability under this section. This is the “Romeo Provision” that was added at the last minute of last session. It returns the age of consent at 17 years old. Basically, this draft gets things back in line with how most people expected it to be in Jessica’s Law. This change was added in the Jessica’s law ping pong on the last day of 2006 and this bill will correct that flaw.http://www.scstatehouse.net/sess117_2007-2008/bills/127.htm
Senator, since you are sponsoring the change in the law on this, I am sure it is safe to assume it is one you have looked into a bit and have strong feelings about. Do you think their is currently and unfairness towards males in the fact that even if both persons are underage (in consensual sexual encounters) only the male is charged, or when the males underage have consensual sex with females over the age the females are rarely if ever charged? Should this be an issue to worry about? I don’t have what I deem to be a “right” answer and this is not a ‘gotcha’ question, but as a legislator who is concerned about this issue I was curious your thought.
Great point. If I’m not mistaken there is no bias in the law, but in the application. These kinds of situations are difficult to deal with, so hopefully, this bill will get a fair chance in subcommittee to iron these kinds of discrepancies.