Thursday, September 25, 2008

Sexual "Assault" ain't always what it seems

One of the really frustrating things about Wisconsin's (and most other state's) sexual assault laws is that they are very often blind to reality. The reality I speak of is that kids - teenagers - are sexually curious and, increasingly, sexually active. In the past year, however, I have represented 5 individuals - 18 year olds - who either had sex with or were discovered in mid-grope with girls in the 14-16 year range. In each instance, the girls were more than on board - they were active, interested participants and, in 2 cases, the aggressors. The boys (men?), however, were hauled off to jail and faced between 25 and 40 years in prison for their dalliance.

One kid (let's face it, 18 year old's are still "kids") actually pled guilty to felony sexual assault and served 9 months because he touched (brushed up against) a girl's breast. After I convinced the judge to reverse the conviction, a jury (luckily!) saw right through the charge of "assault" and acquitted him.

So the system works, right? Sure, after 2 anguishing years, public humiliation, financial ruin and the risk of being labeled a sexual predator.

Another case in point: an 18 year senior is pursued by a 15 year old party girl who trumpets on her "My Space" page about all the drinking and fooling around she does. They finally have sex after she aggressively pushes the issue. Later, in school, she is heard bragging about it by a teacher (who is a mandatory reporter). The next thing this kid knows, a detective is calling about potential charges of sexual assault of a child. Is this just or right? Of course not! It is more of the same sexual hysteria that has infected the system and our society run amok!

That's my rant for today! With all of the unsolved robberies, murders and REAL rapes, don't the police have higher priorities? There is such a thing as judgment and discretion in law enforcement....let's use some folks!

John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214
Milwaukee, WI 53203
414.831.5465 -

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