In general, statutory rape laws are uncontroversial. Few people object to harsh prison sentences for adults who sexually prey on minors. However, in practice these laws are not always so straightforward. Some statutory rape cases do not involve stereotypical child molesters, but rather statutory “rapists” not much older than the victim. This raises two questions for state lawmakers – how to define the age of consent, and whether to allow any exceptions in the law for cases with unusual circumstances.
Nebraska statutory rape law applies when anyone nineteen years of age or older subjects a person under age sixteen to sexual penetration. Neb. Rev. Stat. § 28-312 (2009). While this law is certainly not objectionable on its face, one flaw is that it does not allow for any exceptions. This is what led to the unusual circumstances of the Matthew Koso case. The 22-year old Koso impregnated a 13-year old girl, and then married the girl in Kansas the following year. Despite the fact they were married, the Nebraska Attorney General decided to charge Koso with statutory rape (overturning the decision of local prosecutors). Since Koso clearly violated the language of the law, he was convicted and sentenced to 18 to 30 months in prison without parole.
The move obviously was a political decision. Local prosecutors used their discretion and declined to bring charges. By contrast, an elected official sought to appear “tough on crime” to voters. Supporters of the prosecution argued that the charges were necessary to send a message to the public that statutory rape would not be tolerated. This would normally be an admirable goal, but the facts of this case make it unlikely anyone would seek to emulate Koso.
First of all is the fact the he legally married the victim. At that time, Kanas law allowed 14-year olds to get married. Although his actions may have been wrong, he did seek to accept responsibility for the child. This alone distinguishes this case from others. Statutory rape laws are generally thought by the general public to be aimed at sexual predators and child molesters, not at those in a genuine relationship with their victims. Few child molesters seek to marry their victims and raise children with them.
In addition, there was no evidence that Koso was any danger to society or to other underage girls. After impregnating the victim, he immediately sought to marry her. He even travelled to another state so he could legally marry her. This shows a desire to settle down and raise a family with his new wife, not a tendency to continue to prey on underage girls.
Of course, there are troubling aspects to this case. “Romeo and Juliet” laws have been passed in some states. These laws nullify statutory rape laws in cases where there is only a small age difference between the partners. However, in this case there was a 9 year age difference. Most Romeo and Juliet laws would not apply to an age difference that large.
Despite that, society is not well served by giving defendants like Koso long prison sentences. As foolish as his actions may have been, he did attempt to take responsibility for them by marrying the girl. As a result of his criminal conviction, Koso has had a difficult time finding employment since being released from prison. Whatever one thinks of Koso, society would have been better off leaving him alone and allowing him to provide for his family.
Reference List
Neb. Rev. Stat. § 28-312 (2009).