15 Shocking Tales of How Sex Laws Are Screwing the American People

By Ellen Friedrichs, AlterNet. Posted June 12, 2009.

7) In February 2008, Wisconsin mom, Amy Smalley, was charged with the felony of “exposing a child to harmful descriptions.” The issue came to light after her eleven-year-old son told a counselor about conversations his mom had with him and his brother. These included talking about her sex life, explaining how to perform oral sex and showing the boys a sex toy. The charges, which could have landed Smalley three years in prison, were plead down to a misdemeanor. Smalley was placed on probation and had to undergo court ordered counseling. As the Court TV website put it, “Smalley called it education. Prosecutors called it a crime.” I call it terrifying. As a mom myself, I can easily see having similar conversations. (Okay, not for a while as my kids are only both under three. But still…).  Sure, Smalley probably made a bad judgment call. But really, is this any worse than parents who let their kids watch Family Guy and South Park, despite the endless stream of rape jokes and blow job humor?

8) Come 2010, a law designed to protect child prostitutes will take effect in New York State. Until that time, kids as young as twelve can continue to be charged with the crime of prostitution. This is true even if they were forced into the business by pimps. Interestingly, since 2000, foreign-born teens have been protected from prosecution by anti-trafficking laws which view them as victims. For the next year, however, teens with American citizenship may still find themselves in juvie for being the victim of something most people would consider pretty horrific abuse. Hopefully, this is a sign that we are making progress not only the issue of sex work, but on the treatment of juvenile offenders in general.

9) In December, a Florida woman reacted to the penis being forced into her mouth by biting. Twenty-seven-year-old Charris Bowers told police that despite the fact that she didn't want to have oral sex, her husband, Delou pushed himself into her mouth, and that she clamped down to get him to stop. He responded by punching her in the head until she let go. In the end no charges were filed against Delou, even though it is illegal for anyone, including a spouse, to make another person perform a sex act. Charris, on the other hand was arrested and charged with battery.  Apparently, the era of blaming the victims of sexual assault is not a thing of the past.

10) That sexual double standards for men and women are alive and well shouldn’t come as a shock to anyone. But a Wisconsin town recently showed just how damaging such notions can be. On consecutive January days in Sheboygan, Wisconsin, seventeen-year-old Norma Guthrie and seventeen-year-old Alan Jepsen were charged with sexual assault for having consensual sex with their fourteen-year-old partners. However, that's where the similarities between the cases end. Guthrie was charged with a misdemeanor, which carries a maximum nine months in prison. Jepsen, on the other hand, was charged with a felony, which carries a maximum twenty-five years in prison. The Sheboygan Press reports, “Assistant District Attorney Jim Haasch, who filed both complaints, said the misdemeanor charge was filed in part because Guthrie has no prior criminal record. But online court records show Guthrie has a pending charge of misdemeanor battery, filed in October. Haasch would not say whether Jepsen has a prior juvenile record -- which is typically sealed -- but the boy has no adult charges listed in online court records. Haasch also said the cases are different because Guthrie's boyfriend is “almost 15,” with a birthday in February. Jepsen's girlfriend turns 15 in April.”

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Ellen Friedrichs is a sex educator based in New York City, where she teaches high school and college classes.

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