EQUAL PUNISHMENTS 1

Equal Punishments for All

Amelia Pastor

ENC1101

Robin Rogers

July 19, 2017

Abstract

There are many different forms of rape. Rape is an unlawful sexual intercourse usually

done through force. Rape can be committed with the use of alcohol or drugs. Also, someone who

has a disability and is unable to give consent, or to even threaten someone through arrest or

deportation. Rapes such as “Date Rape” and “Stranger Rape” can occur also. Different states and

counties have different laws and consequences on rape. Statutory rape refers to sexual relations

with a minor or someone who is below “age of consent.” The “Romeo and Juliet Law” keeps the

offender from being listed as a registered sex offender if he or she is within 4 years of the victim

at time of offense. It also allows a previously registered sex offender to be removed from the list.
EQUAL PUNISHMENTS 3

Equality for All

Ever thought about crimes why there are differences between them if the crimes are so

similar? People fight for equality through laws for example, MLK fighting for the treatment of

equality. Why is it that it is not the same for the offenders? The same crime should be worth the

same time. There are several ways to distribute equality for everyone. Florida’s laws fight for the

many ways to protect the victims. Not only does Florida protect the victims but it protects the

offenders too. The offender is protected by laws such as the “Romeo and Juliet Law.”

“Individuals who otherwise meet the Romeo & Juliet eligibility criteria, but who were convicted

prior to its 2007 enactment, may also petition the court for removal from the sex offender

registry in the county where they were originally convicted.” (Hornsby, 2017). This law is for

when an offender is at most four years apart in age from the victim, the offender will not be

registered under a sexual offender. This allows the offender to avoid a life time consequence

through statutory rape. The laws for Florida should have equal punishment for all of the

offenders.

Not all offenders fall under the “Romeo and Juliet Law.” Many get registered as a sex

offender. This stops many from future jobs and even some public events. For example, in

Bradenton, Florida, there was a 16-year-old girl who had just gotten a job with a 36-year-old

man at Cracker Barrel. The man knew about her age and he took her on two dates before

bringing her to his home. “Over the next three days, Field and the girl communicated through

text messages, phone calls and Facetime. The victim’s phone was examined by investigators and

included explicit messages, including Field asking the girl to send nude pictures of herself.”

(Irby, 2015). Although when he brought her to his home, she had made the first approach. The

offender told the officers that while he was in bed, the victim went to the bathroom and returned
EQUAL PUNISHMENTS 4

only in a shirt. Since the girl is 16 and is not allowed to give legal consent. He is facing charges

and is in jail, even though the girl may have initiated sexual relations or even gave her consent.

“Field, who faces charges of unlawful sex with a minor and using a computer to lure a child, was

arrested on Friday and is being held in the Manatee County jail on $17,500 bond.” (Irby, 2015).

A man now is in jail with high bail and a teenager can commit the same crime and get a lesser

consequence.

“Romeo and Juliet Law.” This law shows that even though someone may have

committed a crime involving rape that there are different consequences. If the man was 18 or

anywhere in the four-year window, then he would fall under the “Romeo and Juliet Law.” Rapist

should be all treated the same, the punishment should be the same all over the world. Why does a

19-year-old get to not be registered as a sexual offender if he did rape a woman or male but, a

man of 24 can be charged for sexual contact with a 16 or 17-year-old? “Therefore, it is legal for a

person aged 18-23 to have consensual sex with a 16- or 17-year-old. Of course, where there is no

consent, age is not a factor: The crime would be sexual battery, i.e., rape, where the conduct was

forced or coerced.” (Kulik, 2017).

Consequences of Sexual Activity

In addition, “Unlawful sexual activity with a minor is a second-degree felony under state

law, and it’s defined as a Level 6 severity ranking under the Criminal Punishment Code. If

convicted, a judge can issue a sentence that includes any combination of penalties...” (Kulik,

2017). It is as if the law protects some and not all. How is it that if unlawful sexual activity is a

minor second-degree felony only a portion of the offenders get registered? It is also said that

Florida has harsh penalties. “Florida law provides harsh penalties for those convicted of sex

crimes, including unlawful sexual activity with a minor. Due to the complex legal and procedural
EQUAL PUNISHMENTS 5

rules, you need an experienced criminal defense attorney that will fight for your rights in court.”

(Kulik, 2017). The law already cuts enough by letting a four-year difference slide why not just

not give a consequence at all. A woman of 40 years had a sexual encounter with four teenagers

between ages 16 and 17. “The Manatee County Sheriff’s Office charged the woman with

unlawful sexual activity, a Florida sex crime that focuses on the both the age of the perpetrator

and the age of the victims.” (Kulik, 2017). Why does the law allow less punishment for the same

crime committed because of a few years in age, it is the same crime the only difference is the age

of the criminal?

Not all sexual offenders are men. Many people look at rapes as an act of violence

mainly by men, because of their body structure or the strength they have. What many fail to

realize is that not all harsh crimes are created by a male. The court is sometimes portrayed as it

favors in woman in such cases as rape. In Bradenton two teenage girls brutally beat and gang

raped a young female. “What justification is there to drag that victim by her hair on the floor and

punch her in the face?” the judge asked. (Brown, 2013). This shows that the judge does not favor

in the girls. she had no doubt that the two girls posed a danger to the community, but by law, she

said, she had to release them on bond because of the technology that allows them to monitor the

girls with ankle bracelets and GPS devices.” (Brown, 2013).

Why one becomes a sexual offender. Many people just jump to conclusions such as

because it had happened to them in the past when, it most likely hasn’t. “In one study of 114

convicted rapists, 91% denied experiencing childhood sexual abuse; 66% denied experiencing

childhood physical abuse; and 50% admitted to having non-violent childhoods.” Many believe

that what they are doing is not classified as rape. “The national survey of rape conducted by Koss

et al. (1987) revealed that 1 in 12 college men committed acts that met the legal definition of
EQUAL PUNISHMENTS 6

rape, and of those men, 84% did not consider their actions to be illegal.” (Understanding the

Perpetrator, 2017). There is no classified profile of rape. Sexual offenders come from all

different areas mainly they are white older men. For example, “Ted Bundy was an A student,

volunteered for his university’s suicide prevention center, and was active in the church. Does this

sound like someone who would ‘fit the profile’ of a violent person?” (Understanding the

Perpetrator, 2017).

Final Thoughts

There are many things to reconsider when one thinks about rape. Why do we allow

minors to get away with committing the same crimes as adults? A person of age 26 is not

allowed to have sexual interactions with a minor but, a person who is 20 years of age gets a

lesser consequence because of the 4-year window. It also allows previously registered sex

offenders to unregister themselves. It also shows that not all crimes are committed by a male. In

the text, there are examples such as the two girls who set up a rape for on a young female and

then brutally beating her. The court did not favor in their side because they are female, the judge

is against the acts that the two teenagers committed. This shows the difference in rape crimes in

the Sarasota and Manatee County area. It shows that rape should be charged as rape. There

should be no short cuts regardless of the age limit. Also, there are no physical ways to know who

will be a sexual offender and who will not. Finally, proof shows that the court does not favor

females, and that not all brutal crimes are created by male’s. Women can cause damage too. The

laws of Sarasota should be equal the same crime should be worth the same time.
EQUAL PUNISHMENTS 7

References

Brown, J.K. (2013). Judge sets bail for 2 Florida teens in ‘depraved’ gang rape; with video.

Bradenton Herald. http://www.bradenton.com/news/local/crime/article34593663.html

Hornsby, R.E. (2017). Florida Sex Crimes: The Romeo and Juliet Law. Retrieved from Richard

E. Hornsby, P.A. Board Certified Criminal Trial Lawyer.

https://www.richardhornsby.com/crimes/sex/romeo-juliet-law.html

Irby, K. (2015) Charged with having sex with girl, 16, Myakka man uses 'not to scale drawing' to

describe what happened. Retrieved from Bradenton Herald.

http://www.bradenton.com/news/local/crime/article44013453.html

Kulik, K.J. (2017) What is Unlawful Sexual Activity with a Minor? Kevin J. Kulik A

Professional Association. Retrieved from http://www.kevinkuliklaw.com/what-is-

unlawful-sexual-activity-with-a-minor/

Unknown (2017). Understanding the Perpetrator. Sexual Assault Prevention and Awareness

Center. Retrieved from https://sapac.umich.edu/article/196