Consensual sex between adults leads to jail and sex offender registration for an Ohio Deputy?

The following article came from the Canton, Ohio, newspaper.

As distasteful as it might be to some of us that this guy plooked his step-daughter, they ARE consenting adults.  If they HAD to charge this guy with a felony, why didn't they charge the woman as well?

Supreme Court upholds ex-Stark deputy's sex conviction
UPDATE: 3:49 AM, Thursday, March 1, 2007
By PAUL E. KOSTYU
COPLEY COLUMBUS BUREAU CHIEF

COLUMBUS The Ohio Supreme Court upheld the conviction of a former Stark County sheriff's deputy accused of having sex with his adult stepdaughter.

In a 6-1 decision, the court said a state law that includes a ban on consensual sex between a stepparent and his or her adult stepchild is constitutional.

Today's decision upholds the sexual battery conviction of Paul E. Lowe, who was convicted in July 2004 of having sex with his then 22-year-old stepdaughter, Amanda Halter, in March 2003. The felony conviction ended Lowe's 13-year career as a deputy.

Lowe had argued the legislative intent of the incest statute was to protect children against adults in positions of authority over them. His attorney argued before the court in October the law was ambiguous, inconsistent and violated Lowe's due-process rights.

Lowe pleaded no contest to the charge. He was found guilty, was sentenced to 120 days in jail, three years of probation, 250 hours of community service and was designated as a sexual offender.

Justice Judith Ann Lanzinger, writing for the court, said the statute does not limit its reach to children.

"Courts have found the statute clear and unambiguous in its criminalization of all sexual conduct falling within its purview, regardless of the victim's age or consent," she wrote.

Justice Paul E. Pfiefer dissented and agreed with Lowe, saying the statute was designed to protect children and not criminalize sexual activity between consenting adults.

Reach Copley Columbus Bureau Chief Paul E. Kostyu at (614) 222-8901 or e-mail paul.kostyu@cantonrep.com.

 
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