October 26, 2007

School health centers didn't report underage sex

Maine law prohibits having sex with a person under age 14, regardless of the age of the other person involved, Anderson said.

...

"When it's somebody under age 14, it is a crime and it must be reported," Anderson said. "The health care provider has no discretion in the matter. It's up to the district attorney to decide."

...

Although Portland officials intend to comply with the law, exactly what the law requires remains unclear, Wood said. Having sex with a 13-year-old is clearly illegal, he said, but the law doesn't address the possibility of the other person involved being 13 years old, too.

"I think (Anderson) has raised a legitimate point," Wood said. "I'm just not sure that consensual sexual activity (between two 13-year-olds) constitutes abuse."

If Anderson's office received a report of two 13-year-olds having sex, she said, each minor would be considered a victim and a perpetrator and the case likely wouldn't be prosecuted.

"Likely"?

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