Ft. HUACHUCA, Ariz. — The U.S. Court of Appeals for the Ninth Circuit is reviewing the appeal of a ten-year-old boy who was found delinquent – guilty in the juvenile court setting – on charges of “being gay.” The lower court sentenced him to five years of probation and required that he register as a sex offender for allegedly engaging in sex with other boys.
“Sure, he’s only ten,” said Assistant U.S. Attorney Bruce Ferg, “but we felt obligated to send a message that sexual activity with other minors – especially of the same sex — will not go unpunished.”
The U.S. Justice Department initially prosecuted the Arizona youngster under a federal sexual-abuse statute, which outlaws sexual acts with children under 12. The statute, however, fails to specify the necessary age of the offender.
“Because of the statute’s ambiguity and general absurdity,” argued legal scholar Andy Witkoff, “the Justice Department decided it would be easier to prosecute the boy under a stronger, more defined criminal charge: homosexuality. Suffice it to say, the prosecution’s strategy was enough to turn this boy’s life into a living hell.”
Ferg, who argued before the Ninth Circuit to uphold the initial ruling, believes that the lower court decision was “the best thing that could’ve happened to [the boy].” “He might not realize it just yet, but when he does, he’ll thank us,” continued Ferg. “Trust me. It’s better to root out weird homosexual habits from a young age.”
Marsha Levick, chief counsel at the Juvenile Law Center in Philadelphia, took umbrage with the prosecutor’s position.
“The prosecution seems more of a folly than a meaningful exercise in promoting public safety,” said Levick. “He’s ten years old and he’s been labeled a sex offender. He’s effectively been lumped in with sleazy, mustached pedophiles and rapists for committing a non-existent crime. This is a disgrace to the legal system. And frankly, to anyone with a brain.”
While Levick remains less than optimistic that the Ninth Circuit will overturn the decision, she is at least hopeful that the court will lessen the punishment.
“If they’re so keen to punish a ten-year-old with homosexual tendencies, they should just send him to public school,” continued Levick. “Government authorities are no match for the average group of kids when it comes to cruelty.”