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.