Is Jamie Lynn Spears Boyfriend Guilty of Statutory Rape?
Posted on December 21, 2007
Filed Under News, Sex Offenders |
It has been impossible to miss the news that Britney Spears little sister, Jamie Lynn, is now pregnant. The media coverage had focused a lot on her young age -barely over 16 – and the fact her boyfriend is 18. Was this technically statutory rape because of the age difference between the two? The answer depends on where and when the sex took place.
In Louisiana, Jamie’s home state, it is a crime for, “someone age 17 to 19 to have consensual sex with someone age 15 to 17 if the difference between their ages is more than two years.” In fact, The New York Post quoted Deputy Sheriff Jimmy Travis of Tangipahoa Parish, Louisiana, where the Spears family lives as saying that the couple broke no state laws if the child was conceived in Louisiana.
In California, where she works, “it’s a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older. Someone more than three years older could be charged with a felony.”
In other words, it’s not clear what laws apply, but it is unlikely any charges can be brought unless Spears cooperates with the prosecution – an event, given her celebrity status, that seems unlikely . Additionally, prosecutors generally have a lot of discretion (some people say too much) in bringing statutory rape charges and they would be under tremendous public pressure not to attack Jamie Lynn. Notwithstanding the fact that, in nearly all cases these laws presume coercion, because a minor is legally incapable of giving consent to a sexual act.
The Bottom Line: Because of the law and the PR needs of Jamie Lynn, Spear’s boyfriend should not worry about being charged.
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4 Responses to “Is Jamie Lynn Spears Boyfriend Guilty of Statutory Rape?”
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No, I do not think he will be charged.
1. the ages - to close in age, if he was at least 21, maybe charged
2. depends on the press, which one they will favor
3. has she declared her self emanacated?
4. she would have to say he forced her
5 maybe she raped him, uhm
Okay, so Jamie is 16 and the boyfriend is 18? In that case it needs to be determined what months they were born, is her boyfriend more than two years older than her, ie, two years and two months? If so, then he would be guilty of statutory rape according to Louisiana’s law. In California, it’s illegal if they’re less than 3 years older (misdemeanor), so again, it could be considered statutory rape. Of course the media will decide, like they do in Hollywood, not the actual law.
It seems to me like the situation needs to be looked into further. Of course with it being famous people that are involved nothing will be done.
Jamie Lynn Spears boyfriend, according to California law, is indeed guilty of statutory rape. In addition, since Jamie became pregnant, the State of California has the ability to charge the boyfriend even if she consented to the sexual act and her parents do not bring up charges. However, no laws were broken in Louisiana. It appears it will be Jamie Lynn Spears choice if her boyfriend will be charged depending on which state she claims they had the relations.