A man in Nebraska is faces up to 50 years in prison for having sex with a 13 year-old girl. I think we're all shouting hooray so far. The problem is that the girl, now 14, is 7 months pregnant and legally married to the man. Kansas has no statute with a minimum age for marriage, it only requires that both parents of a minor or one parent a district judge consent.
The girl's mother gave her consent after they learned she was pregnant, and the 22 year-old man's parents both consented to the marriage. So they went over the state line into Kansas and were legally married.
“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.”
I'm not a lawyer or an expert, but I'm pretty sure that what is personally repugnant to the Nebraska attorney general is not grounds for prosecution, especially since he has admitted that their marriage is valid. He just says that the Kansas law is "ridiculous" and plans to prosecute anyway.
I'm not about to go into a soliloquy defending this guy, because I'm not. But, just on the merits, this looks like 'judicial' activism. I put that is quotes because this is an attorney general not a judge, but it is the same sort of thing. Bruning doesn't like a law in another state, so he's prosecuting people in his state that have done something legally.
Now, there is some murkiness on the sexual assault charge. Legally, you can charge someone with sexually assaulting their spouse. But to declare any act with one's spouse sexual assault? There is also the fact that she was pregnant before they were married. It does not say that he was the father, but I'm making that assumption. Still, her mother consented to marriage after she learned that.
Putting aside the fact that I find what he's doing morally repugnant, I can't see why one person's morals are more legal than the letter of the law. If we had the reverse in this case, an attorney general that did not think pedophilia was wrong and an unmarried 14 year-old girl being assaulted, would we apply his personal morals as the standard? Of course not.
Or an attorney general who prosecutes a gay couple who have been legally married for breaking a sodomy law (assuming the Supreme Court had not already ruled those unconstitutional)? The problem I have is that one person is applying his personal morals as the legal standard when the girl's family, the girl, the man and the man's family all seemed OK with the situation. If not OK, they were at least willing to consent to this course of action. Now, the man will almost surely get convicted and spend the next 50 years in prison, leaving a 14 year-old girl a practical widow and single mother. If their way is bad, Bruning's way is possibly worse.