Neither Could Legally Consent, Only the Boy Gets a Felony Charge

Article here. Excerpt:

'If two people are equally unable to give consent, but have sex anyway, should either be charged with a crime? It's a question that many college administrators wrestle with when drugs and alcohol are factors in sexual assault disputes. The verdict often seems to be that male students are uniquely responsible for ascertaining that their sexual partners are in a state of mind to consent, even when the female is the initiator and both are intoxicated.

This double-standard for men seems to apply to underage teenagers as well. Take, for example, this recent story in The Courier-Journal: the Kentucky Supreme Court has agreed to hear the case of "B.H.," who was 15-years-old when he was charged with sexual misconduct and possessing pornographic material featuring a minor (the latter is a felony charge). B.H. was in trouble for having sex with his 13-year-old girlfriend and exchanging nude pictures with her. The acts were voluntary, though neither teen could legally consent to sexual activities since they were both underage at the time.

The girl's parents went to the cops when they found out, and B.H. was prosecuted. (Even though his parents could technically have done the same thing to his girlfriend, they opted against that course of action.) He plead guilty, had to register as a sex offender, and was remanded to a youth treatment center for almost a year. He is now challenging that outcome after the fact.

Assistant Attorney General Gregory Fuchs maintains that B.H. pressured the girl and had been involved in one other incident—a prank of a sexual nature—that justified his punishment...'