LINCOLN, Neb. - A 22-year-old man faces criminal charges in Nebraska for having sex with an underage 13-year-old girl, although he legally married her in Kansas after she became pregnant.
The man's lawyer said the couple, with their families' support, "made a responsible decision to try to cope with the problem."
Matthew Koso, 22, was charged this week with first-degree sexual assault, punishable by up to 50 years in prison. He is free on bail.
After the girl became pregnant, her mother gave permission in May for Koso to take the young woman to Kansas, which allows minors to get married with parental consent. The girl is now 14 and seven months pregnant.
"The idea... is repugnant to me," said Nebraska Attorney General Jon Bruning. "These people made the decision to send their... 14-year-old daughter to Kansas to marry a pedophile."
He said the marriage is valid, thanks to the "ridiculous" Kansas law, "but it doesn't matter. I'm not going to stand by while a grown man... has a relationship with a 13-year-old -- now 14-year-old -- girl."
The couple were married in May by a judge in Hiawatha, Kan.
Nebraska requires people to be at least 17 before they can marry.
Kansas law, however, sets no minimum marriage age, although judicial precedents set the minimum age at 14 for boys and 12 for girls. The marriage must be approved by both parents or guardians, or by a District Court judge, said Whitney Watson, spokesman for Kansas Attorney General Phill Kline. A judge also must approve if only one parent approves.
It is unlawful in Kansas for a person under 16 to have sex -- unless they are married, Watson said. Otherwise, the law says they can't consent to have sex. He didn't know how many people under 16 might be married.
The Kansas attorney general's office has no involvement in the Nebraska case, Watson said.
Koso's lawyer, Willis Yoesel, said the girl's mother and Koso's parents approved of the marriage. He said the girl's father has not lived with the family for some time.
"The families are all united in this effort," Yoesel said. "I don't know who is complaining.... What benefit is there to anybody in the prosecution of this young man?"
Hey, I'm really pissed. You can have sex with girls as young as 12 in Kansas? Why hasn't anybody done anything about that? Also, what's wrong with this girl's parents? Jesus Christ. Jesus Christ...
I suspect the headline (the original, not here) is inaccurate, unless the Nebraska AG is an even bigger dumbass than he seems here. If I had to guess they're gonna charge him with having had sex with her before they were married.
No AG in their right mind is going to question the incidents and rights between states of a valid hetero marriage under the current climate. Then again you don't generally get to be the AG by being the smartest lawyer in the room.
Mike said:
The AG doesnt have a chance in hell of winning. Maybe he thinks he will use this case to get laws changed.
Actually he does, not for the post marital sex, but certainly for the pre. For all his "Gee, I can use the attention to run for Governor..." grandstanding, Nebraska doesn't recognize the rehabilitation of statutory rape by subsequent marriage, at least not for 13 year olds. She got pregnant before they were married. Her pregnancy is proof positive of both the unlawful act and, via paternity testing, the identity of the perpetrator. That's a slam dunk conviction, even without a cooperating victim or witness. The post marital sex is a harder issue, but its unnecessary to send him away.
Unless of course he's not the father, which would be funny as fuck.
bones_708 said:
My Grandmother got married at 12. It was 1914 and my Grandfather was 18. Sounds strange now but they were happy.
It made sense for people to get married at 13 when they didn't live as long as people do today.
It's scary that rather than maybe, you know, get an abortion or even put the baby up for adoption, they'd rather their CHILD get married. What the hell kind of life can a 13-year-old girl give a baby? That kid is going to be FUCKED. UP.
Mike said:
The AG doesnt have a chance in hell of winning. Maybe he thinks he will use this case to get laws changed.
Actually he does, not for the post marital sex, but certainly for the pre. For all his "Gee, I can use the attention to run for Governor..." grandstanding, Nebraska doesn't recognize the rehabilitation of statutory rape by subsequent marriage, at least not for 13 year olds. She got pregnant before they were married. Her pregnancy is proof positive of both the unlawful act and, via paternity testing, the identity of the perpetrator. That's a slam dunk conviction, even without a cooperating victim or witness. The post marital sex is a harder issue, but its unnecessary to send him away.
Unless of course he's not the father, which would be funny as fuck.
bones_708 said:
My Grandmother got married at 12. It was 1914 and my Grandfather was 18. Sounds strange now but they were happy.
It made sense for people to get married at 13 when they didn't live as long as people do today.
It's scary that rather than maybe, you know, get an abortion or even put the baby up for adoption, they'd rather their CHILD get married. What the hell kind of life can a 13-year-old girl give a baby? That kid is going to be FUCKED. UP.
as well, there's also the issue of HOW this 13 year old is gonna have a kid. she's probably not fully developed, and having a kid will damage her reproductive system so that she'll never again be able to. (more likely than not).
this also explains the higher mortality rate of young people in the past, hmm? especially without modern medicine to help her.
bones_708 said:
My Grandmother got married at 12. It was 1914 and my Grandfather was 18. Sounds strange now but they were happy.
It made sense for people to get married at 13 when they didn't live as long as people do today.
It's scary that rather than maybe, you know, get an abortion or even put the baby up for adoption, they'd rather their CHILD get married. What the hell kind of life can a 13-year-old girl give a baby? That kid is going to be FUCKED. UP.
My grandfather lived to 84 my grandmother 90, so length of life wouldn't be much of an issue. I also think it's wrong to believe that there is only one way to live your life. Wouldn't happen to a daughter of mine, but raised in a diffrent household with diffrent values?
Mike said:
The AG doesnt have a chance in hell of winning. Maybe he thinks he will use this case to get laws changed.
Actually he does, not for the post marital sex, but certainly for the pre. For all his "Gee, I can use the attention to run for Governor..." grandstanding, Nebraska doesn't recognize the rehabilitation of statutory rape by subsequent marriage, at least not for 13 year olds. She got pregnant before they were married. Her pregnancy is proof positive of both the unlawful act and, via paternity testing, the identity of the perpetrator. That's a slam dunk conviction, even without a cooperating victim or witness. The post marital sex is a harder issue, but its unnecessary to send him away.
Unless of course he's not the father, which would be funny as fuck.
Can the state force a paternity test?
good question.
another question i'd like to know is: if the statutory rape law sets the age of consent at 16 (?), how can two people get married if one is below the age of consent?
what kind of fucked up laws are in force in kansas?
bones_708 said:
My Grandmother got married at 12. It was 1914 and my Grandfather was 18. Sounds strange now but they were happy.
It made sense for people to get married at 13 when they didn't live as long as people do today.
It's scary that rather than maybe, you know, get an abortion or even put the baby up for adoption, they'd rather their CHILD get married. What the hell kind of life can a 13-year-old girl give a baby? That kid is going to be FUCKED. UP.
My grandfather lived to 84 my grandmother 90, so length of life wouldn't be much of an issue. I also think it's wrong to believe that there is only one way to live your life. Wouldn't happen to a daughter of mine, but raised in a diffrent household with diffrent values?
i'd say that you're right, except for the fact that in our society, in this day and age: 12 year olds are children. in the past, people had to take on adulthood early. but now you can't do ANYTHING pretty much until you're 18 (legally).
i'd say that that trumps the whole "different values" question. it's not like 10 years ago people were still getting married at the age of 14, either. these "different values" are between 75 and 150 years old. i wouldn't say that a cultural norm that outdated has any bearing on modern culture.
if i say i want to hold slaves, am i allowed to do that too?
I totally thought the headline was "Marriage to minor can't stop sex change" and I was like "Holy crap, this is gonna be wild!" I kept waiting to get to the good stuff, but it never came.
dingoes8 said:
I totally thought the headline was "Marriage to minor can't stop sex change" and I was like "Holy crap, this is gonna be wild!" I kept waiting to get to the good stuff, but it never came.
dingoes8 said:
I totally thought the headline was "Marriage to minor can't stop sex change" and I was like "Holy crap, this is gonna be wild!" I kept waiting to get to the good stuff, but it never came.
dingoes8 said:
I totally thought the headline was "Marriage to minor can't stop sex change" and I was like "Holy crap, this is gonna be wild!" I kept waiting to get to the good stuff, but it never came.
yeah, that's how I read it the first time too.
heh, yea.
Hell, that's the only reason I even clicked on it!
Mike said:
The AG doesnt have a chance in hell of winning. Maybe he thinks he will use this case to get laws changed.
Actually he does, not for the post marital sex, but certainly for the pre. For all his "Gee, I can use the attention to run for Governor..." grandstanding, Nebraska doesn't recognize the rehabilitation of statutory rape by subsequent marriage, at least not for 13 year olds. She got pregnant before they were married. Her pregnancy is proof positive of both the unlawful act and, via paternity testing, the identity of the perpetrator. That's a slam dunk conviction, even without a cooperating victim or witness. The post marital sex is a harder issue, but its unnecessary to send him away.
Unless of course he's not the father, which would be funny as fuck.
Can the state force a paternity test?
Sure, why wouldn't they, its evidence of a crime. They can force a paternity test, a BAC test, they can make you have surgery to remove a bullet for ballistics testing. There is a minor probativity test since the issue can be argued to be related to self incrimination in some instances, but all that means in practice is there has to be an adversarial hearing with a rather low burden of proof. Here there isn't even that as the evidence sought is not in the "control" of the suspect. His wife cant exercise his right against self incrimination and spousal immunity only relates to testimony, not physical evidence.
Hey, guess who's taking the Crim law and Crim Pro section of the bar tomorrow.
Mike said:
The AG doesnt have a chance in hell of winning. Maybe he thinks he will use this case to get laws changed.
Actually he does, not for the post marital sex, but certainly for the pre. For all his "Gee, I can use the attention to run for Governor..." grandstanding, Nebraska doesn't recognize the rehabilitation of statutory rape by subsequent marriage, at least not for 13 year olds. She got pregnant before they were married. Her pregnancy is proof positive of both the unlawful act and, via paternity testing, the identity of the perpetrator. That's a slam dunk conviction, even without a cooperating victim or witness. The post marital sex is a harder issue, but its unnecessary to send him away.
Unless of course he's not the father, which would be funny as fuck.
Can the state force a paternity test?
Sure, why wouldn't they, its evidence of a crime. They can force a paternity test, a BAC test, they can make you have surgery to remove a bullet for ballistics testing. There is a minor probativity test since the issue can be argued to be related to self incrimination in some instances, but all that means in practice is there has to be an adversarial hearing with a rather low burden of proof. Here there isn't even that as the evidence sought is not in the "control" of the suspect. His wife cant exercise his right against self incrimination and spousal immunity only relates to testimony, not physical evidence.
Hey, guess who's taking the Crim law and Crim Pro section of the bar tomorrow.
Yeah, I just re-read, and had missed you saying that the pregnancy was definite evidence that a crime had occurred.
I was thinking that there was some condition that would have made her sexual activity legal, like if it had been with someone the same age.
If that hadn't been the case, would they have been able to force a paternity test to discover if the crime had been committed (which is what I had thought the case was)?
Good luck on the bar btw. I'll look you up when I get arrested in N.O.
robosagogo
State College, PA
September 2004
JUL 27, 2005 12:40 PM