“Sex offender”.  When people hear that word, there is a tendency to think of child molesters, rapists and even serial killers.  What about teenagers?  Teenagers who date someone several years younger than themselves…teenagers who get drunk and have irresponsible sexual encounters, teenagers who act out on child abuse that they have experienced themselves, and yes, even teenagers who sexually abuse children or rape peers.  These are unpleasant things to think about, but they happen among young people in every social class.   

It is important for us as a society to remember that teenagers are not the same as adults, especially not when it comes to sex.  On the other hand, teenagers need to be held responsible for their behavior, and they need to be taught what society will accept.  Society must protect the vulnerable from anyone who poses a danger to the community.  In order to make good decisions about how to handle teenagers who have committed sexual crimes, we need to have all the information. 

First, a teenager’s brain is still “under construction”.  Research is increasingly documenting the physical changes in the brain between the ages of 14 and 25. The frontal lobes of the brain mature during this time, improving judgment, impulse control and maturity.  Adolescence is a time of development for sexuality as well. The powerful hormones that begin to exert themselves in adolescence mean that sexuality is very much on the mind of the average adolescent, particularly boys. And the increase in racy TV shows and explicit sex on the internet means that even kids from protective families may be exposed to inappropriate sexual materials.  Learning how to date and who to date is one of the tasks of adolescence.

Second, we need to consider how our laws have evolved.  Society rightly has no patience for a 30 year old who seduces a high school cheerleader.  Laws are increasing harsh for teachers and adults who commit these crimes.   However, for a young man who is a teen himself, even if he is 18, an attraction to a peer is appropriate.  Add to the mixture that many teens are sexually active. This isn’t necessarily desirable, but it isn’t normally a crime either.  Until we begin to look at laws written for adults.  If a high school senior dates a freshman and her parents object, he can be charged with endangering the welfare of a minor.  If they have had sex, he can be charged with one or more sexual offenses.  This does protect the young woman from further contact with her “Romeo”.  Long before Romeo and Juliet, parents tried to shield their young teens from love affairs that could be harmful.

However, it is a new concept to label the older teen a “sexual offender”.  There are increasingly harsh consequences to this label, consequences meant to protect children from predators.  A young man can be refused attendance in school because he is a sexual offender.  If he received probation conditions that do not allow him to see others under the age of 18, he may be barred from attending his family’s holidays, and forbidden to hang out with friends who have not turned 18 yet.  If he has younger siblings in his home, he may be required to move out.  In fact, if he is tried as an adult, he may be required to be listed on the sexual offender registry. Sexual offenders are not allowed on college campuses without special permission—so his college plans may be wrecked. Some sex offenders are not allowed to have a computer connected to the internet—and the number of jobs that don’t involve computer use shrinks each year.  These rules were put in place because rapists and internet predators can use these privileges to seduce vulnerable children or young adults.  But they weren’t intended to stop young adults from getting an education or a job. 

Make no mistake--there are teens who commit rape, even murder.  The young man who murdered Penny Brown in Salamanca was an adolescent.  Should he someday be released, it is understandable to bar him from a college campus.  But these violent offenders are rare.   According to the  National Center on the Sexual Behavior of  Youth (which is part of the Center on Child Abuse and Neglect),  adolescent sexual crimes are usually less serious and aggressive than adult sexual crimes.  And, on average, adolescents are less likely than adults to commit another sexual offense.  NCSBY notes that only 5-14% of adolescents who receive treatment for their sexual offense will commit another offense.  That means that 86 to 95 out of every 100 teens who are arrested a first sexual offense will not do it again!  Visit the website, www.ncsby.org, for more information on adolescents who have committed sexual offenses.

At Family Service of the Chautauqua Region, we find that teens who have committed a sexual offense are a very diverse group.  Some need closer supervision, some need drug and alcohol treatment. While a few may be at risk for acting out in school, this is the exception rather than the rule. All of them, however, desperately need the support of their family and their community.  Sexual abuse is a terrible crime, one that is too often committed by teenagers.  But we do great harm if we treat an adolescent mistake as a life long label.