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TX Supreme Court: Prostitution charges for 13 year old criminalize victimhood

Rick Casey at the Houston Chronicle describes a fascinating appellate case ("When the victim is the 'criminal,'" June 23):In a decision fought by the Harris County District Attorney's Office, the Texas Supreme Court ruled last week that a 13-year-old girl who had made an offer to an undercover vice cop could not be charged with prostitution.Why? Because, the high court ruled, a 13-year-old cannot legally consent to sex. And if you can't consent to having sex, you can't consent to selling it.Makes sense to me. See the rest of Casey's story for the sad details of the case. Bottom line: Should criminal law treat a 13-year old prostitute as a criminal or a victim? The Texas Supreme Court said she's a victim. But how about a 14 or 15 year old prostitute? The high court's logic would allow them to be prosecuted, but what are the costs of ignoring her victim status to focus on criminal prosecution? Indeed, the courts are not alone in rethinking the status of prostitutes...continue to full post

Full post as published by Grits for Breakfast on June 23, 2010 (boomark / email).