Today’s WDEL Talkback: Legalize Sexting?
Apr 17th, 2009 by RSmitty
I called in response to this question, but the window of opportunity is incredibly small, relative to the time it demands. It’s based on the State of Vermont considering “legalizing” the practice of sexting. What is sexting? As WDEL describes it, it is basically the practice of sending sexually-suggestive, or even pornographic images of one’s self to another person, very typically that person’s dating-partner. OK, married/civil partner, too, but really, how long have you been married? Back to point, the motivation of the basis of this question is the black-and-white application of the Child Predator law. You either did it, or you didn’t, period. There is no consideration of consent. Yeah, consent.
16-year-old to another 16-year-old really is an entirely different set of psychological circumstances than that of, say, a 30-year-old interacting with a 16-year-old. I may be turning 40 this year (OMG), but I distinctly remember my teen years (it’s the early 20′s that is a complete blur). I remember my raging hormones, I remember my thought processes, I remember the attempt to justify doing something, making it right, but realizing it was a bad decision only after having already acted. I didn’t do anything illegal, mind you, but I certainly did things, that even as a 20-year-old or 21, etc., that I would have never even thought of doing. What I am describing is a critical-thinking immaturity that is prevalent among teens (and, unfortunately, some young adults…older adults…sigh). In general, many teens don’t see or understand consequences later for their actions now. Some can understand immediate consequence, but the critical thinking to see what can be a consequence to a second, third, fourth, etc. degree just isn’t there.
The Child Predator law is intended to help parents be extra vigilent in knowing someone with a history of sexual assault of a minor is within their area. It also establishes a no-tolerance of future actions of a similar nature. Basically, you’re a dirtball who did something vile and disgusting, but you did your penal time. If that wasn’t enough to set you straight, do it again, and you’re done.
Should 16-year-olds with raging hormones and low critical thinking skills be subjected to this black-and-white application of the Child Predator law when they naively send suggestive pics of themselves to their affectionate target? Intent is a nasty process to decipher for a third-party, but that is what needs to be done here. Just the thought that a 16-year-old will be saddled FOR LIFE as a child predator for what was not an assault, attack, etc., but a serious lapse of judgement, likely due to raging teen hormones, is a gross misapplication of the intent of the law. Of course, if it were a sexual assault or attack, then that is not what I am speaking of. Handle that as it should: a felonious action.
So, to the question of legalizing sexting, that’s the wrong way to look at it. Rather, I’d like to see discretion added to the application of the punishment of Child Predators in these specific cases. These kids, as far as we can tell, aren’t predators. They did something very short-sighted and stupid, but they’re apparently sexually active and consenting (hello, mom…dad…hello). A lifetime sentence of Child Predator is a gross miscarriage of the application of the law in this case.
The whole concept of ‘zero tolerance’ is an abdication of reason and might be expected among the educational establishment. Perhaps we should expect more of our elected officials.
The application of draconian punishment to those whose ‘crimes’ are more folly than maliciousness tends to trivialize the serious crimes and increase the general disrespect for the law.
We see people being branded as ‘sex offenders’ for what may be no more than ‘thought crime’. They can be lumped in with violent and predatory monsters who should never be free to harm innocent victims.
We need not legalize folly but neither should we overreact and allow the hysteria of a few prigs to cause a rush to legislation.
I suppose that common sense is not in great supply in most of our legislative halls.
I remember the attempt to justify doing something, making it right, but realizing it was a bad decision only after having already acted.
Send in the card….
I wonder if this is what free agency feels like to pro athletes?