Op-Ed: Case of Lesbian Teen Kaitlyn Hunt Raises Questions About Sexual Double Standard

I feel sorry for Kaitlyn Hunt, the Florida high-school senior who was arrested February 16, charged with sexual battery of a minor and later expelled from her school for having a sexual relationship with a younger girl.
By: Victoria A. Brownworth
May 21 2013 3:04 PM

I feel sorry for Kaitlyn Hunt, the Florida high-school senior who was arrested February 16, charged with sexual battery of a minor and later expelled from her school for having a sexual relationship with a younger girl.

Kaitlyn Hunt, a senior, is 18. The other girl, a freshman at their high school, just turned 15. The two first became involved when Kaitlyn was 17.

I feel sorry for Kaitlyn Hunt because as a high-school junior, I was Kaitlyn Hunt: expelled from my all-girls high school after my girlfriend’s mother listened in on a phone conversation, then later searched her daughter’s room and found what would later be called "incriminating” lesbian and gay newspapers and books, as well as letters from me.

My girlfriend’s parents called the school and told the principal that I had lured their daughter into a sexual relationship against her will. My parents were called in and they were told I would be expelled to "protect" the other girls at the school from me. That I was a "bad moral influence” on the other girls and could not be trusted around them. I would be a "dangerous and disruptive influence" on the "character of the school and its student body," the principal said.

My girlfriend’s parents intended to press charges–I was 16, she was fifteen and a half–but their parish priest convinced them not to, saying the ensuing scandal would follow the entire family.

The high school I attended was academically prestigious and one of the best in the country. It was also a family tradition: my grandmother and mother had attended and my younger sister would be going the following year.

My expulsion was devastating. It was late fall, which meant finding another school would be difficult. And it was: the reason I was expelled was in my record. No other school wanted to take the risk. I ended up at a high school for problem kids–kids with drug and alcohol addictions, kids who’d been arrested, kids with serious emotional issues, kids who had been kicked out of every other school and had nowhere else to go.

Instead of graduating from the best school in the city, I graduated from the school where no one wanted to end up, the school whose name was synonymous with trouble.

This is what has happened to Kaitlyn Hunt. Her high school kicked her out–even after a judge said she could stay–because the parents of the other girl petitioned the school board. Kaitlyn ended up at another school, a pariah. She’ll be allowed to walk at graduation with her original classmates, but it won’t be the same.

Kaitlyn also won’t be able to just move on to nursing school as she had planned after graduation. Because Kaitlyn is still facing criminal charges.

According to a May 20, blog post on xoJane.com written by Steven Hunt Jr., Kate Hunt’s father, his daughter was first arrested by police on Feb. 16, and charged with sexual battery on a minor 12-16 years old. At the time of the arrest, Stephen Hunt says the police refused to tell him or Kaitlyn’s mother why she was being arrested. She was handcuffed and taken away, screaming and crying for her mother, he said.

Police arrested her based on details from a phone conversation that was taped between the girlfriend and Kaitlyn where the two discussed their relationship.

Steven Hunt says that this taped call was precipitated by his daughter’s girlfriend’s parents discovering the relationship between the teens. The parents called police and had his daughter arrested without contacting them or their daughter to discuss the situation or what their concerns might be.

The charges were later reduced to two counts of felony lewd and lascivious battery on a child 12-16. But the charges are still felonious and a sex crime.

A plea deal would offer Kaitlyn Hunt two years house arrest and a year’s probation. Otherwise, according to Florida law, she could be sentenced to up to 15 years in prison and have to register as a sex offender for life.

According to Steven Hunt, both the prosecutor and the girl’s parents refuse to drop the charges.

Kate Hunt’s mother, Kelley Hunt Smith, brought the case to the media last week. She started a Facebook campaign to tell her daughter’s story and to urge the Assistant State’s Attorney, Brian Workman, to drop the case.

Since Kaitlyn’s mother made her daughter’s case public last week, LGBT blog sites have reported the story and on May 19, the NY Daily News published an interview with Kelley Hunt Smith.

Change.org has put up a petition urging prosecutors to "stop the hate" and rescind the prosecution. On May 18, the international hacker group Anonymous started a Twitter campaign about the case with #OPJustice4Kaitlyn and a letter that began "Greetings, Bigots."

The Anonymous group has recently come out strongly in defense of justice for rape victims, particularly in a series of gang rapes of teenaged girls, like the Steubenville case. (See Op-Ed: Gender Crime is Hate Crime  and also Op-Ed: The Social Medium of Rape) Anonymous has stated that Kaitlyn Hunt is being wrongly prosecuted because of "selective enforcement" of laws and because she was in a same-sex relationship. They are calling for the resignations of those prosecuting Kaitlyn.

Every state in the U.S. has statutory rape laws. These are usually in two categories–first degree rape and second or third degree rape. First degree involves a perpetrator 18 or older and a victim 12 or under. Second or third degree is applied to perpetrators 17 and older and victims 12 to 16. It is also illegal in every state in the country for someone to have sex with a minor between the ages of 12 and 16 if that person is three or more years older than the minor.

Kaitlyn Hunt, a senior, and her 15-year-old freshman girlfriend have a three-year age difference between them, and the girlfriend is in that 12-16 range, having just turned 15. (Kaitlyn turned 18 in September 2012.) This specific age difference means their relationship doesn’t just violate the law in Florida, it violates the law in every state in the country.

Statutory rape laws relate to both the age of consent in individual states and the age of both parties. Anonymous is correct that these laws are applied selectively in that secondary instance which almost always involves older teenaged boys and younger teenaged girls, but sometimes older teen girls and younger teen boys.

Prosecution is almost wholly among heterosexuals and almost entirely of teenaged boys. The case of Kaitlyn Hunt is unusual because both she and her alleged victim are female.

Yet the case of Kaitlyn Hunt and her unnamed girlfriend was actually always illegal by the exact letter of Florida law because the girlfriend was 15 and the age of consent in Florida is 18. Florida law expressly stipulates that sex with anyone under the age of 16 is illegal, regardless of sexual orientation.

But once Kaitlyn turned 18, she was legally a consenting adult.

Which made her a rapist under the law.

All over America teenagers with age differences similar to Kaitlyn’s and her girlfriend are having consensual sexual relationships. Yet in many, if not most instances, those relationships violate existing laws enacted to protect children and adolescents from predatory adults.

For decades, parents unhappy with a daughter’s choice of older teen boyfriend have used these laws to either threaten the boyfriend with arrest or actually have him arrested. According to crime statistics on statutory rape, the most common age for prosecution is 19.

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