(AP) — Kentucky's Supreme Court has weighed in on a case involving a 15-year-old boy who was charged with a felony after having consensual sex with his 13-year-old girlfriend.
The court stopped short of ruling Thursday whether it was wrong to charge just the boy, or whether voluntary sexual conduct between the youngsters should have been prosecuted as a crime.
The court said it could not rule on those matters because the boy's admission to having sex with his underage girlfriend meant he waived any appeal.
However, Justice Bill Cunningham said in a concurring opinion that he's troubled by the "selective prosecution." Citing Shakespeare, he said no one would fault Romeo more than Juliet.
The case involved an eighth-grade boy and seventh-grade girl. The boy pleaded guilty to two misdemeanors in 2011.