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Tuesday, May 30, 2017

US Supreme Court: Criminalized Sexual Intercourse based Solely on the Ages of the Participants the Generic Federal Definition of “Sexual Abuse of a Minor” Requires the Age of the Victim to be LESS than 16


I’ve been waiting for the decisions on two separate RSO cases that have been heard by the U.S. Supreme Court. 

Today May 30, 2017 the U.S. Supreme Court ruled https://www.supremecourt.gov/opinions/16pdf/16-54_5i26.pdf  on Esquivel-Quintana v. Sessions . 

SCOTUS reversed a lower Federal court ruling to deport an immigrant who had consensual sex with a 16 year old girlfriend when he was 20 years old. 

I’m posting the above link to the ruling and some articles on it below because it’s a VERY big deal for a whole other reason. 

The U.S. Supreme Court Justices said in the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants the generic federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16 

Esquivel-Quintana had sex in California where the age of consent is 18 years old, similar to Virginia. California didn’t try to deport him, but when he moved to Michigan they decided he should get kicked out of U.S. because of his CA conviction. 

Now, SCOTUS was quick to note that their decision does not change age of consent laws in any state, only whether legal immigrants can be removed from the U.S. based on statutory rape laws. 
 

In VA we have Carnal Knowledge with a 3-year age gap but no Statutory Rape and consensual relationships in Virginia with 17 and 16 year olds have been charged as Rape, Sodomy and Object Sexual Penetration. All of which requires lifetime registration as a “Violent Sex Offender” on the Virginia State Police Registry. 

But today the U.S. Supreme Court has stated that to criminalize consensual sex the victim must be less than 16 years old (for deportation) but if they are firming up a definition of what is a minor when it comes to consensual sex I think their stance on less than 16 sets a precedence.

I’m not an attorney but I think today’s ruling  could open the door for those who were in Romeo-and-Juliet relationships where there was no force, threat, intimidation or coercion but were convicted in Virginia of a sex act because the victim was 17 or 16 years old.

If you fall into that group, I suggest you contact an attorney. Tell them about today’s SCOTUS ruling and then about your conviction. 

If you do please let me know what they say. 

Mary Davye Devoy 

He had sex with his 16-year-old girlfriend and was almost deported. Now he can stay, May 30, 2017
http://www.sacbee.com/news/politics-government/article153329569.html
 

Justices side with Mexican immigrant in deportation case, May 30, 2017
http://www.bostonherald.com/news/national/2017/05/justices_side_with_mexican_immigrant_in_deportation_case

Justices Block Deportation of Mexican for Sex With Teen, May 30, 2017
http://www.courthousenews.com/justice-block-deportation-mexican-sex-teen/
 

Supreme Court sides with immigrant in case challenging sex laws, May 30, 2017
http://thehill.com/regulation/court-battles/335613-supreme-court-sides-with-immigrant-in-case-challenging-sex-laws
 

Does Sex With Younger Girlfriend Require Deportation? March 2, 2017
https://www.bna.com/sex-younger-girlfriend-n57982084670/
 

Deportation and the law
America’s Supreme Court hints it may keep a closer eye on the executive branch, February 28, 2017
http://www.economist.com/blogs/democracyinamerica/2017/02/deportation-and-law
 

Argument analysis: Justices divided on meaning of “sexual abuse of a minor” for removal purposes, February 27, 2017
http://www.scotusblog.com/2017/02/argument-analysis-justices-divided-meaning-sexual-abuse-minor-removal-purposes/
 

Immigrant’s Sex Story Strikes Chord With High Court, February 27, 2017
http://www.courthousenews.com/immigrants-sex-story-strikes-chord-with-high-court/
 

A Mexican immigrant’s past was no big deal in California. But deportable once he moved to Michigan. February 26, 2017
http://www.bridgemi.com/children-families/mexican-immigrants-past-was-no-big-deal-california-deportable-once-he-moved