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
because of his CA conviction. U.S.
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
statutory rape laws. U.S.
In VA we have Carnal Knowledge with a 3-year age gap but no Statutory Rape and consensual relationships in
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. Virginia
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
Justices side with Mexican immigrant in deportation case, May 30, 2017
Justices Block Deportation of Mexican for Sex With Teen, May 30, 2017
Supreme Court sides with immigrant in case challenging sex laws, May 30, 2017
Does Sex With Younger Girlfriend Require Deportation? March 2, 2017
Deportation and the law
’s Supreme Court hints it may keep
a closer eye on the executive branch, February 28, 2017 America
Argument analysis: Justices divided on meaning of “sexual abuse of a minor” for removal purposes, February 27, 2017
Immigrant’s Sex Story Strikes Chord With High Court, February 27, 2017
A Mexican immigrant’s past was no big deal in
But deportable once he moved to Michigan. February 26, 2017 California