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should have "carte blanche to engage in gratuitous sex without culpability," as Wampler put it. pleaded guilty to two misdemeanors in May 2011 and District Judge Vanessa Dickson designated him a juvenile sex offender, which under the law required that he be removed and placed in a secure youth center for treatment for about 11 months as a sexual predator.

And even though the boy's parents could have gone to the county attorney's office and taken out charges against the girl — just as C. H.'s lawyer, assistant public advocate John Wampler, said in an interview. Indiana statute provides an affirmative defense if the defendant can prove that he had an "ongoing or dating relationship" with the victim. W was truly consensual, it was a "classic case of adolescents being adolescents and making careless and less-than-well-reasoned decisions."He said the courts and society need to "reset" the future path of such teenagers, rather than adopt policies that "forfeit" their future."It is complicated — but imperative — to be smart about kids when they make an ill-advised decision," Brooks said.

"The simple fact is that unfortunately, many young teens under 16 are having sex with each other and engaging in sexting."If the Commonwealth's position is held to be correct, then approximately one third of all teenagers, according to recent statistics, could be charged with a felony sex offense," Wampler said. had sex, and it is clear that the sex was consensual," Wampler writes in his brief. And in neighboring Ohio, the state Supreme Court in 2010 held that it was unconstitutional to criminally charge a child who was himself legally unable to consent when he engaged in sexual conduct with a same-aged peer."Each child is both an offender and a victim," that court said, "and the distinction between those two terms breaks down."Terry Brooks, executive director of Kentucky Youth Advocates, which is not involved with the case, said that if what happened between B.

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