Matthew Koso, the ADULT who started dating a 12 YEAR OLD when he was 21 was sentenced to at least nine months in prison. The article by the Omaha World-Herald is here.
I love how the dad say that the Judge and the Attorney General have "committed political suicide." Right. Nebraskans are all for adults sleeping with kids that aren't even in high school yet.
The article does say that some Nebraskans think it's okay if they both consent. HELLO!!! The point of the statutory rape law is that a 13 year old CANNOT CONSENT. They do not have the intellectual maturity to consent to sex with an adult. If you think they can, then at what age do you think they are incapable of deciding?
The real question now is what happens after he gets out of prison? Is Nebraska forced to recognize his marriage? Probably, under the Full Faith and Credit clause of the Constitution. I have not looked into that issue. The safer alternative would be for him, his 'wife' and her family to move to Kansas where it is clearly legal. Thankfully, Kansas has or is in the process of changing the law because of this case. But that won't affect their marriage.
Tuesday, February 07, 2006
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Actually, if Nebraska were required to recognize the marriage under the Full Faith and Credit Clause I don't think the judge could properly have considered the post-marital sex in deciding to reject probation for Koso.
My personal theory -- highly speculative, I admit -- is that Koso was prosecuted precisely as part of a strategy designed to establish the precedent that Nebraska isn't required to recognize out-of-state marriages that violate Nebraska public policy. Not because Nebraska is worried about a rash of dirty old men marrying pubescent girls but because, once established, that precedent would be useful in keeping gay marriage out of Nebraska.
I go into more detail in this post.
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