From Commonwealth v. Kushmanick, which was decided last year by a Pennsylvania appellate court, but which I just came across last week (all quotes are from the opinion):
1. The facts: Kushmanick started dating S.C. when he was 18 or 19, and she was 16 (according to defendant, just a week shy of her 17th birthday). The age of consent for sexual activity generally in Pennsylvania is 16. (There is the possibility that someone may be prosecuted for “corrupting the morals of a minor” when the minor is 16 or 17, but this was not an issue raised in this case.)
As part of their relationship — according to Kushmanick, after S.C. turned 17 — he would photograph S.C. naked. “The photographs depicted S.C. naked in a blatantly sexual way. However, the photographs also graphically establish that S.C. was a willing and voluntary model.” Her face was apparently not visible on the photographs, but she recognized them at trial because of various items of clothing and linens they depicted. Full Article
Very well written article, showing both sides.
Strangely enough, I partially disagree and partially agree with the outcome.
There should be laws that can kick in at different ages over related subjects. Sure, teens should be able to have sex before 18. That doesn’t mean they should be able to consent to being photographed having sex before 18, which is what the judges said they should be able to do. A person can be mature enough to engage in the sex but not understand the lifetime ramifications of being photographed and exploited later by that. Sex is more of a liberty we shouldn’t easily take away even if there are issues, but being photographed naked isn’t the same level of liberty deprivation to prevent laws against it.
On the other hand, taking or having the pictures shouldn’t rise to the level of lifetime sex offender. Where the law fails miserably here, is the lack of different levels of severity. I would have preferred the judges voided the charge because of it being excessive to the point of cruel and unusual, and sent a message to legislature to create laws appropriate to the circumstances. I guess their hands were tied though, since that wasn’t the defense the lawyers put forth.