An unidentified 13-year-old girl and 12-year-old boy were both sex offenders and victims because they had consensual sex in 2003.
They reportedly violated a Utah state law that criminalizes sex with someone under 14 years old.
State authorities claim the boyfriend and girlfriend each committed sexual abuse of a child.
The girl, who became pregnant from the encounter, is now 23 years old and appealed her conviction to the Utah Supreme Court.
She claims that consensual sex shouldn’t qualify as a crime because it doesn’t apply for 16-year-olds or 17-year-olds who have sex with someone in their own age group. For obvious resaons, she believes younger people should be treated equally.
“The only thing that comes close to this is dueling,” said Associate Chief Justice Michael Wilkins, referring to two people who shoot each other.
According to the Salt Lake Tribune, Chief Justice Christine Durham labeled the convictions a “peculiar consequence.”
A juvenile court judge originally denied the girl’s appeal and the Utah Court of Appeals upheld the judge, claiming the law had to protect minors from each other.
The girl then appealed to the Utah Supreme Court.
“A child [victim] cannot also be a perpetrator in the exact same act,” said Randall Richards, the girl’s attorney, in court.
Sources: Salt Lake Tribune, Daily Mail