Unlucky Number
As a future law student, I've begun to pay a lot more attention to legal cases around the country, particularly to see if (and how) they'll shape current statutes.
This one has caught my attention recently:
http://www.msnbc.msn.com/id/8716780/
Apparently a gentleman in his 20's married a 13-year old girl in Kansas. Which, in Kansas, is perfectly legal as long as both sets of parents agree, which they appear to do. Apparently the fact that she became pregnant had a great deal to do with the decision, rightly or wrongly.
Nebraska Attorney General Jon Bruning sees things differently, however. He is trying to convict Koso (the husband) on first-degree sexual assault, a crime for which he can face up to 50 years in prison. He has been released on bond.
I feel that Bruning should drop the case. Whether he likes it or not, Kansas state law is Kansas state law. You can't prosecute because something strikes you as "repugnant". We learned this lesson from the flag burning cases of the 1980's.
Legally, his only recourse might be to charge Koso with statutory rape, since he admits to sleeping with her before the marriage. But even this prosecution, while "legal" would send the wrong message. We don't want grown men to have sex with minors, but we also don't want to dissuade them from committing to a problem and attempting to resolve it, either. A prison sentence will not and can not undo what has been done, and would only serve to deny the wife and child a husband, father and income-earner for the household.
All cases of course should be looked at individually, but unless it's obvious that Koso brainwashed her and that the marriage was made under duress, it should be affirmed. My gut sense tells me that at most, a jury will slap Koso on the wrist. His conviction, from what I've read, doesn't pass the "smell" test.
Update: After doing some more research, I discovered that both the wife and husband likely suffer from a mental disability to some degree. They were both in special education programs in high school. Furthermore, Koso's mother claims that Koso was a virgin until he met the girl, which she proffers as evidence that Koso is not a predator.
How all of this will influence the case remains to be seen, but now the most likely legal question is "did Koso have the mental capacity to understand his actions?"
I'm interested in seeing how this all works out.
This one has caught my attention recently:
http://www.msnbc.msn.com/id/8716780/
Apparently a gentleman in his 20's married a 13-year old girl in Kansas. Which, in Kansas, is perfectly legal as long as both sets of parents agree, which they appear to do. Apparently the fact that she became pregnant had a great deal to do with the decision, rightly or wrongly.
Nebraska Attorney General Jon Bruning sees things differently, however. He is trying to convict Koso (the husband) on first-degree sexual assault, a crime for which he can face up to 50 years in prison. He has been released on bond.
I feel that Bruning should drop the case. Whether he likes it or not, Kansas state law is Kansas state law. You can't prosecute because something strikes you as "repugnant". We learned this lesson from the flag burning cases of the 1980's.
Legally, his only recourse might be to charge Koso with statutory rape, since he admits to sleeping with her before the marriage. But even this prosecution, while "legal" would send the wrong message. We don't want grown men to have sex with minors, but we also don't want to dissuade them from committing to a problem and attempting to resolve it, either. A prison sentence will not and can not undo what has been done, and would only serve to deny the wife and child a husband, father and income-earner for the household.
All cases of course should be looked at individually, but unless it's obvious that Koso brainwashed her and that the marriage was made under duress, it should be affirmed. My gut sense tells me that at most, a jury will slap Koso on the wrist. His conviction, from what I've read, doesn't pass the "smell" test.
Update: After doing some more research, I discovered that both the wife and husband likely suffer from a mental disability to some degree. They were both in special education programs in high school. Furthermore, Koso's mother claims that Koso was a virgin until he met the girl, which she proffers as evidence that Koso is not a predator.
How all of this will influence the case remains to be seen, but now the most likely legal question is "did Koso have the mental capacity to understand his actions?"
I'm interested in seeing how this all works out.
posted by Yorick at 2:05 PM
2 Comments:
a 13 year old cannot be a WIFE. she is a child. this is not a solution to a problem - this is another problem heaped on top of a first problem.
I understand your opinion- I truly do. However, the state of Kansas sees things differently. If there is a problem, it is with Kansas state law, not Koso's actions. What Koso did may not be right, but it is impossible to legislate morality.
As far as the age goes, I agree that in our society today that 13 is too young to be married- however, it was not that long ago (in the grand scheme of things) that it was accepted and quite common for young women to get married at that age. Historically, the notion of a "teenager" is relatively new. We must remember that at one time the life expectancy of humans was around 35-40, which makes 13 seem MUCH older than it is today. Biologically she is ready to be a mother- one hundred years ago she would have been ready socially and psychologically as well.
Perhaps the fault in Kansas' law is that it has not been updated to keep pace with current culture. At any rate, it is current law, and Koso should not be blamed for doing something perfectly legal. The statutory rape element, however, is a totally different ballgame. That was against the law.
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