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Lesbian student rejects plea in sex-with-minor arrest

Thousands sign petition urging Florida prosecutor to drop case

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Kaitlyn Hunt, Lesbian, Gay News, Washington Blade
Kaitlyn Hunt, Lesbian, Gay News, Washington Blade

Kaitlyn Hunt, 18, faces 15 years in prison for a consensual relationship with a younger teen. (Photo courtesy of Facebook)

An 18-year-old lesbian arrested in February for having consensual sex with her then 14-year-old girlfriend and high school classmate has rejected an offer by a Florida prosecutor to lower the charge against her in exchange for a guilty plea.

At the advice of her lawyers and parents, Kaitlyn Hunt turned down an offer to plead guilty to third-degree felony child abuse, even though the charge doesn’t require her to be listed as a sex offender and the prosecutor promised to recommend she be sentenced to home detention rather than time in prison.

She is currently charged with two counts of lewd or lascivious battery, a second-degree felony that carries a possible sentence of 15 years in prison and lifelong registration as a sex offender.

“Our client is a courageous teenager who is choosing not to accept the current plea offer by the State of Florida,” said defense attorneys A. Julia and Joseph Graves in a statement released to the media.

“This is a situation of two teenagers who happen to be of the same sex involved in a relationship,” the attorneys said. “If this case involved a boy and a girl, there would be no media attention to this case.”

Hunt’s decision to reject the plea offer came after more than 100,000 supporters from throughout the U.S. and several other countries signed an online petition initiated by her parents calling for the prosecutor to drop the case.

In response to a campaign started by her father, Steven Hunt Jr., and her mother, Kelley Hunt Smith, about 30,000 supporters joined a Facebook group called Free Kate.

The prosecutor, State Attorney Bruce Colton of Indian River County in central Florida, said his office has no plans to drop the charge. He took exception to claims by Hunt’s supporters that Hunt was singled out because of her sexual orientation, saying his office would have filed the same charge if an 18-year-old male had a sexual encounter with a 14-year-old girl.

“If one person is over the age of 18 and the other is between the age of 12 and 16, that’s the crime, regardless of the sex of either or both of them,” the New York Times quoted Colton as saying.

“The State Attorney’s Office tendered an extremely lenient plea offer in this case which would have ensured the defendant avoided any term of incarceration and the stigma of being labeled a sex offender,” Colton said in a statement released on May 24. “In fact, in all probability, the defendant would have avoided being a convicted felon.”

Hunt’s parents and supporters said that under the plea offer, a judge would have the option of rejecting the prosecutor’s recommendation and could hand down a sentence of as much as five years in prison.

Colton said the case is now scheduled to go to trial in mid-July. Observers said the younger girl would likely be called as a witness and asked about the intimate details of her sexual relations with Hunt.

Hunt’s parents disclosed in a statement posted on Facebook and in the online petition that the arrest of their daughter was initiated by the parents of the younger girl, whose name has been withheld from the public court record because she’s a minor.

According to Hunt’s parents and lawyers, the other girl’s parents contacted the county sheriff’s office after learning their daughter was in a romantic relationship with an older girl she met in school and that the relationship involved sex.

“They are out to destroy my daughter because they feel like she ‘made’ their daughter gay,” Hunt’s mother, Kelly Hunt Smith, said in the petition.

“They see being gay as wrong and they blame my daughter,” she said. “Of course, I see it 100 percent differently. I don’t see or label these girls as gay. They are teenagers in high school experimenting with their sexuality – with mutual consent. “

Added Smith, “And even if their daughter is gay, who cares? She is still their daughter.”

Hunt’s parents and friends point out that Hunt was a member her school’s women’s basketball team, where she met her girlfriend, and sang in the school choir. They note that at the request of the younger girl’s parents, school officials expelled Hunt, preventing her from graduating with her class this year.

An arrest affidavit filed in court says the younger girl told a detective with the Indian River County Sheriff’s Office that she and Kaitlyn Hunt began dating in November 2012, three months after Hunt turned 18 in August 2012, and while she was 14 and a freshman. Hunt was a senior, authorities said.

The affidavit says the younger girl told the detective the two began having sexual relations “before Christmas 2012” and the sex continued through January 2013. It says the younger girl disclosed their first sexual encounter took place in a bathroom at Sebastian River High School, where the two went to school.

On at least one occasion, the two had sex in Hunt’s bedroom at her parents’ home in Sebastian, Fla., a community located near the City of Vero Beach, the affidavit says.

It says that the younger girl cooperated with sheriff’s investigators by agreeing to their request that she allow investigators to record a phone conversation she initiated with Hunt. The affidavit says the younger girl asked about their sexual encounters during the conversation, prompting Hunt to acknowledge that the sexual encounters took place.

Based on that “controlled phone call,” as the affidavit calls it, the Sheriff’s detective arrested Hunt on Feb. 16. It says Hunt waived her Miranda right to remain silent and admitted to the detective that she and the younger girl engaged in consenting sex.

“Your affiant asked Kaitlyn if she knew it was wrong to have sex with [the younger girl] due to [her] being 14 years old,” the affidavit says. “Kaitlyn stated she didn’t think about it because [the younger girl] acted older.”

“This is an outrageous misapplication of the law that will destroy the lives of two high school teenagers while doing nothing to serve justice,” said Nadine Smith, executive director of the state LGBT rights group Equality Florida.

“We hold out hope that common sense will prevail and the damage that already has been done will be mitigated by halting any felony prosecution,” Smith said in a statement.

“Equality Florida is also reaching out to Florida lawmakers to address the failings of the law that criminalizes high school students and is too often used by parents who object to the race, ethnicity or gender of the schoolmate their teenager is dating,” she said.

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U.S. Supreme Court

Supreme Court declines to hear lawsuit against Montgomery County schools gender guidelines

4th Circuit last August dismissed parents’ case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Monday declined to hear a lawsuit against Montgomery County Public Schools guidelines that allow schools to create plans in support of transgender or gender nonconfirming students without their parents’ knowledge or consent.

Three parents of students in the school district — none of whom have trans or gender nonconfirming children — filed the lawsuit. 

A judge on the 4th U.S. Circuit Court of Appeals last August dismissed the case. The plaintiffs appealed the decision to the Supreme Court.

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National

Bill to support LGBTQ seniors in rural areas reintroduced

Advocates praise Elder Pride Act

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(Washington Blade file photo by Lou Chibbaro, Jr.)

Representatives Suzanne Bonamici (D-Ore.), Mark Pocan (D-Wis.), and Sharice Davids (D-Kan.) reintroduced legislation to increase access to needed services and resources for LGBTQ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging located in rural communities to better serve and support LGBTQ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ people live in rural American communities.

“LGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,” SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. “We commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.”

“LGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,” said Bonamici, chair of the Equality Caucus’s LGBTQ+ Aging Issues Task Force.”Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.”

“The Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. I’m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,” Bonamici added.

“Rural LGBTQI+ seniors have been lacking access to necessary services and care for too long,” said Pocan, co-chair of the Congressional LGBTQ+ Equality Caucus. “The Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.”

“Many of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,” said Davids. “While they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.”

The Elder Pride Act complements the Older American Act, which was updated under Bonamici’s leadership, by establishing a rural grant program designed to fund care and services for LGBTQ seniors. The grant would also support programs that:

• Provide services such as cultural competency training for service providers;

• Develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

• Expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

• Disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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State Department

State Department travel advisory warns of potential anti-LGBTQ violence

FBI issued similar warning this week

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(Photo courtesy of the Library of Congress)

The State Department on Friday issued a worldwide travel advisory that warns of potential violence against LGBTQ people and LGBTQ-specific events.

“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises U.S. citizens overseas to exercise increased caution,” reads the advisory. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”  

The advisory further urges U.S. citizens to:

  • Stay alert in locations frequented by tourists, including Pride celebrations and venues frequented by LGBTQI+ persons.
  • Enroll in the Smart Traveler Enrollment Program (STEP) to receive information and alerts and make it easier to locate you in an emergency overseas.
  • Follow the Department of State on Facebook and Twitter.

The Federal Bureau of Investigation and the Homeland Security Investigations earlier this week issued a similar advisory.

The advisory notes June 12 will mark eight years since the massacre at the Pulse nightclub in Orlando, Fla.

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