Sixteen Will Get You Twenty?

That's an old saying about the risks of going after "jailbait" when it comes to sex. But take a look at this:

A high school athletic trainer was placed on three years probation and ordered to perform 240 hours of community service today for having an unlawful sexual relationship with a high school student.

Harold Adam Johnson, 24, San Juan Capistrano, pleaded guilty earlier this month to six counts involving sexual contact with a minor.

He admitted he engaged in a consensual affair – including sex acts in his San Juan Capistrano home and in his car – with a student he met while working as an athletic trainer at Tustin High School in 2008.

Johnson worked at the school for about a year and worked with several athletes in different sports until he resigned in November 2008 while he was under investigation.

Superior Court Judge Gregory W. Jones accepted Johnson's guilty pleas and reduced all felony counts to misdemeanors over the objections of Deputy District Attorney Nikki Buracchio.

Buracchio contended that Johnson should sustain felony convictions, arguing that Johnson took advantage of his position of trust and engaged in a continuous course of unlawful conduct over a lengthy period of time.

Jones, however, said misdemeanor convictions were appropriate because the sexual contact was consensual, the student was 16 and 17 during the course of conduct and was a willing participant who had engaged in some deception to maintain the relationship.

The judge noted that Johnson is a college graduate on his way to a productive life and is not likely to re-offend.

Jones also said that the age of consent in most states for sexual activity is 16.

Wow. Outrageous. A slap on the wrist.

But guess what? I changed the story a little bit. I changed the perp's name and references to the perp's gender, and I removed references to the student's gender. The perp in this case was actually Hope Ashley Jacoby and the victim was a boy. Does that change anything? What if I told you that people tend to find Jacoby attractive? The paper won't even name the boy, which is strange considering the actions and words of hte judge.

I want to look at a few quotes from Larry Welborn's Orange County Register article.

She admitted she engaged in a consensual affair - including sex acts in her San Juan Capistrano home and in her car - with a male student she met while working as an athletic trainer at Tustin High School in 2008.

So can minors consent to sex with adults many years older, or not? Sure, they can consent to abortion without so much as parental notification, but haven't we always heard that minors can't consent to sex?

Jones, however, said misdemeanor convictions were appropriate because the sexual contact was consensual, the male student was 16 and 17 during the course of conduct and was a willing participant who had engaged in some deception to maintain the relationship.

I see. I would be very interested if this judge would apply the same statements if he deals with a similar case where the sexes are reversed.

The judge noted that Jacoby is a college graduate on her way to a productive life and is not likely to re-offend.

Huh? I wonder on what that is based? And plenty of college grads on their way to a productive life do things that warrant prison time.

Jones also said that the age of consent in most states for sexual activity is 16.

So what? California has medical marijuana laws, and other states don't. Different states have different laws. For example, if my wife were to divorce me after ten years, California law would give her alimony for life. I couldn't appeal to the laws of another state to avoid this. This was in California, and is subject to California laws.

Manny of the people commenting on the article on the website are livid, rightfully pointing out that there is a double standard. This woman abused her position of authority. While it is tempting for some to say "lucky boy!", the law must be applied equally, right? Sure, I just wrote about my consensual relationship with an older woman, but I was 19 when that started – it was all legal.

This kid was not old enough to deal with the possibilities of STDs, pregnancy, child support, and the emotional issues.

It looks to me like there was a vagina and/or beauty discount here as far as her punishment and what her record will be. Even if you think this was no big deal and shouldn't be a crime - do you also say that about guys who have sex with underage girls?