Suspended Sentence For Underage Sex Charge

February 27, 2013 | 73 Comments

In Magistrates Court today [Feb 27] Ajani Albouy-Lovell, 22, was given a six month suspended prison sentence after being convicted of three counts of unlawful carnal knowledge of a girl aged 14.

Magistrate Archie Warner heard from Prosecutor Susan Mulligan that the Crown had taken into consideration the facts that the 14-year-old victim had invited Albouy-Lovell to her home on the three occasions; had ensured that her parents were out; and had cleared up after he had left. The offences occurred in 2012, and the defendant pleaded guilty to the offences in a prior court appearance.

The Crown said that this showed no suggestion of unwillingness on the part of the victim or coercion by Albouy-Lovell; nor was there any evidence of grooming nor was Albouy-Lovell in a position of trust or care. It was also pointed out that there was a Victim Impact Statement from the victim’s father, but no such statement from the victim herself.

The Crown suggested that a sentence of imprisonment was still in order as it would demonstrate the seriousness of Albouy-Lovell’s action in that he was a mature man who ought to have made better decisions.

Albouy-Lovell’s lawyer agreed that young girls needed to be protected, even from themselves. He pointed out that the Social Inquiry Report on Albouy-Lovell had indicated that he is remorseful and that there is little risk of his re-offending in this way. He said that Albouy-Lovell had been unable to get a bail surety and, as a result, had been held in custody since November 2012.

His lawyer objected to the recommendations of a post-release curfew and use of an electronic monitoring device. The Crown Prosecutor agreed with this saying that the Crown saw no need for Albouy-Lovell to be restricted. The defence lawyer pointed out that Albouy-Lovell had already been incarcerated by being held on remand for three months, and agreed with a suspended sentence.

Magistrate Warner’s sentence was that Albouy-Lovell was for six months in prison, but that this prison time was to be suspended for two years. In addition Albouy-Lovell was to be put on probation for two years and was required to take any programs as recommended by the Department of Court Services.

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Comments (73)

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  1. Nuffin but de Truth! says:

    Warner needs to GO!

    get rid of this useless magistrate!

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    • Eye For an Eye - Tooth For A Tooth says:

      I agree!!! I often wonder WTF it will take for Warner to lock someone up? Does he not consider this serious?!

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    • K.T.B. says:

      Yes he does!!!!!!! This isn't the first time he's let some sick perv off with a slap on the wrist.

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  2. Real talk says:

    I know this guy personally n his a creep! I hope he reads this n understands dats his gross. Get a girl ya age ya looza #DoBetta

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    • somebody says:

      I know him also and I knew it would only take a matter of time before it caught up to him, I wish they would have locked him up!!

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  3. Orbit says:

    How about instead of the original march on Friday, change it to Throw Archie Warner Out march!

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  4. Verbal Kint says:

    Time to bring the courts into the 20th Century. No that's not a mistake, I did mean Twentieth Century.

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  5. Local says:

    What's the problem people? It is ILLEGAL to touch anyone under the age of 18 if you are over 18.

    This goes for GUYS AS WELL AS GIRLS!

    Seriously people, get this through your heads!

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    • jon says:

      @local

      its illegal to touch anyone under the age of 16. By law a 16yr can give consent for sex.

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      • Local says:

        Thanks for the info. Still confused though. What is Statutory Rape defined as? So, for example, a 40 or 30, or 20... yr old person can have sex with a 16 year old and it's legal?

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    • fish says:

      I have always wondered how this works... If the age of consent is 16 does that only apply in situations involving people between the ages of 16 and 18? Does the age of consent then 'change' once one person is over 18 (to 18)?

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      • Richard says:

        see I thought I heard wrong about the age of consent (which have nothing to do with this case) I also heard it was 16 and wonder how is that.

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  6. Amazed says:

    If the law is designed to protect young girls from themselves, then why would the judge take into consideration her willingness to participate? I just dont understand this judgement.

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    • Zombie Apocalypse says:

      I agree, it makes no sense at all. It's as if the courts (or judges) here have no understanding about who the statutory rape laws are supposed to protect. Any creep just gets the under-age girl to "consent", and he's off scott free.

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  7. SeriouslyWarner says:

    Wow Warner!! Suspended sentence for an adult who preyed on a teenager for sex. That is crazy!! He shold be locked up!!

    Parents watch out Ajani Lovell-Albouy is out and may prey on your daughter next.

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  8. CHEEE KUMS BIE says:

    .....i dont condone this behavior however most of you hypocrites lost your virginity at the age of 14 some less,im asking how old is 14, obviously she knows right from wrong and this guy as well but he is only 8 years older than her and she invited him over.I wouldnt be surprised if they end up together later on in life

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    • Mad Dawg says:

      So you defend a pedophile sex offender. Well done. You and the judge appear to have something in common.

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    • Eye For an Eye - Tooth For A Tooth says:

      CHEE KUMS BIE....Are you serious??? The law is there to protect her from herself, her hormones, his smooth talking ways, his lies, sick thoughts...whatever! He is 22, she is 14!!

      I can only assume that you; are related to this individual, have no young sisters or daugthers, or more than likely you are a sick pervert as well that defends or tries to reason with this behavior because you haveperhaps participated in the same.

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  9. Simple says:

    I've had enough of this clown Judge. He just spits in th eface of people pretty much. Who cares if she was willing and eager, what typa nonsense?!! Sooo it's irrevelant that she's like a middle school student or S1 and this guy is in his 20s??? If this was my daughter, I'd want to punch this Ajani clown and the judge in the face..TWICE!! Her personal morals are on the parents to sort out but this is disgusting.

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  10. Black says:

    What's the point of having these laws if they toss them aside because the underage person was "willing"? If an 10 year old is willing to have sex does that mean a 22 year old should take advantage of that? Warner needs to GO! Especially when this guy has been in front of him in court numerous other times. How many slaps on the wrist does he get?

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  11. weiorjawelkrj says:

    Any other western country the punishment is prison.

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  12. Sick and tired says:

    is he going to be put on the sex offenders register? Wait do we have one here?

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    • hrmmmm says:

      Yes we do have one it just isn't public. I doubt he will be put on the list due to the fact that there was a suspended sentence and that the victim refused to see herself as such. there is so much b.s. surrounding it the whole thing needs and overhaul.

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  13. be real to yaself don says:

    all u ppl do is bash any1 thats convicted of a crime or a sin, the bible says theres no greater sin then the next, knw um not excusing the fact that he done wat he done but in the same token bash the girl to for inviting him over knwing that she was gonna enage in a sexual act, n for u guys on here to out rite bash him is wrng. y not help the young man, name calling doesnt do anything but bring hatred for a fellow bermudian. cause i'm pretty sure all u on here have skeletons in the closet that u wouldnt want the world to knw so stop. like cheek kums bie said alot of u out there lost ur virginity way beyound that so, y u acting like this towrds him. wen i was middle school at the age of 13/14, 11th and 12th graders were hitting on the gurls in my class n it prolly still goes on to this day, n in fact the girls were the ones flaunting themselves round wonting these guys to get at them. jus look at how they dress knw n its prolly ur kids dressing the same way body parts hanging out n these our young girls, which gets me cuss they dnt have jobs to buy there clolths so u as the parent ur buying them for them, then u get upset when u find out that there having sex n all type folly, get a life. if u dnt want this to happen to ur daughter teach them at that age cuss ur only to blame for them wanting to experience what they r not ready for. n yes am defending a cussin but not his action.

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    • Observant says:

      Huh? Real words, punctuation, grammar....your post makes no damn se se whatsoever. And, BTW, it's 'GIRLS', not 'gurls.

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    • Kami says:

      F*%k what the bible says!

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    • I see that you chased the underage too. I also believe your best subjects were recess, lunch and school is out. Your spelling is atrocious and you should not blog anymore until you re-learn the alphabet and put the letters in their proper space. You have no etiquette and dang no graduation diploma. Hope you straighten up and do right for your children's sake. Sad! but this is exactly what the education system does.....pass you thru school even when you can't read, write or spell. Hope you get the real rhythm of spelling......one day.

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  14. Kim Smith says:

    Unbelievable ruling by this magistrate. I suggest people email the Premier, the Deputy Premier and the Attorney General to register a complaint against Magistrate Archie Warner. This can be a first step but we must DO SOMETHING and not just whine on the comments pages of the newspaper.

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    • Verbal Kint says:

      While I agree with you, Kim, the truth is that the judiciary and the lawyers on the Island answer to no one. Until the citizens of Bermuda take that back, this will be the type of result you can expect. Like so many things in Bermuda, there is no accountability in this situation. If people want to march on Parliament, the legal system is what they should march about.

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      • Justice NOW says:

        I could not agree more - the judiciary and lawyers SHOULD be accountable, but are they in reality? Doesn't seem that way, does it? On top of it we have the new Attorney General recently saying that he doesn't see the need for a Judicial Complaints Authority. Incredible.

        Bermuda, we need to break out of our complacency and do something about the system we are in. You may not be affected today, but your neighbour probably has - and it could be you tomorrow. Please don't leave it to a few to voice their concerns and try to expose the wrongs.

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        • Pastor Syl Hayward says:

          @ Justice NOW: I missed that remark by the new Attorney General. Wish I had seen it, I would have responded quite vociferously. For years, the magistrates have objected to having anyone interfere with their "right" to sentence as they will. My hope is that the new Chief Justice will make some much needed changes. And the new Attorney General needs to have letters and emails from every one who disagrees with his assessment that a Judicial Complaints Authority is not needed.

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  15. Lisa says:

    Archie Warner needs to step down! In the UK this offence is taken serious by the courts. Bermuda we need to march on Parliament for concerns like this not term limits.

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  16. Come On Man!!! says:

    WTF am I reading!! He should know better a 14 year old invites you to her house you don't go. If that was my daughter I would cut her a$$. His a$$ needs to go to jail. Damn creep. He did that to my daughter I'd kill him.

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  17. ggurl says:

    Sad. He needs to be taught a lesson

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  18. A new tourism industry? says:

    Maybe if word gets around that there are no serious consequences for having sex with children here, Bermuda can start competing with Thailand to attract sex tourists? The way things have gone, that might be all we have left in a few years.

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  19. Look both ways before crossing the street says:

    Just a question (i am not defending the guy lets put that out there) but if this was a 22 year old woman and a 14 year old male would these comments really be the same?

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  20. bermuda boy says:

    Warner needs to GO!

    get rid of this useless magistrate PLEASE!!!

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  21. Come On Man!!! says:

    @Look Both Ways: Answer to your question. YES......Age does not discriminate.

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  22. concern says:

    Wow, this is the second case in a week that Magistrate Warner has dished out an very inadequate sentence. I sincerely hope that the chief justice and the governor look into this. Hopefully the crown will have some sense and appeal this case.

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  23. Think About It says:

    OBA, please do what needs to be done and intervene with the powers that be to:

    1) remove this magistrate forthwith - he is an embarrassment to the rule of law and the reputation of our country and our legal system; and

    2) move forward immediately with the creation of a PUBLIC Register of Sex Offenders.

    Please help to make this terrible behavior stop by taking decisive and immediate steps to help parents to protect their children from pedophiles.

    Enough is enough!

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  24. Common sense isn't so common says:

    You people make me laugh. A lot of underage children are in relationships as well as just messing around with older men. Know days it goes even further to catching something or getting pregnant for these men. How can you be a high school student messing with a man that’s in his late twenty’s? What is that really? In some cases these older men know what they are getting themselves into and other times they don’t. There are many cases surrounding this topic, but as usual Bermudians see and don’t see. Everyone rather talks behind everyone’s back or looks at people with that disgusted look.

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  25. Cool your parts says:

    did all those complaining this is not just happen to read the part where it was stated she invited him willingly and purposefully while her parents where out and cleaned up thereafter. Yes, I agree a 22 year old with a 14 year old is disgusting. Meanwhile, this young man will go on the sex offenders list for the rest of his life, unless the law changes.

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    • 1minute says:

      She could be standing at the door butt naked with a sign saying free sex. She was only 14 and it is still illegal, he should not of done it and he should be punished. He is an adult and should of known that it was wrong.

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    • Mad Dawg says:

      So in your view if the creep finds a vulnerable child and gives her money, candy, video games, clothes to make himself appear desirable, that should lessen the sentence?

      That is exactly why the law says the child can't "consent". To protect the child from older creeps.

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  26. The Dark Knight 2 says:

    lets get this straight, an under aged girl cannot consent to sex but she can decide if pregnant whether she keeps the child or not. the law just doesnt make any sense

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  27. crazy says:

    Warner needs to go. There is no excuse for a 22 yr old grown man, taking advantage of an underage girl. Would warner Consent to this if it was his child? I doubt it.

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  28. Malachi says:

    As mentioned previously in this blog, it is unlawful to have sex with someone under the age of 16. If one DOES, however, have sex with a person under the age of 16 WITH or WITHOUT their consent, he or she is guilty of statutory rape.

    In this particular case the correct verdict was indeed adjudicated, in that the defendant was found guilty as charged.

    The problem with this case is the sentence.

    There needs to be mandatory custodial sentence - let's work on that.

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    • Verbal Kint says:

      Well said, and I agree.

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    • Pastor Syl Hayward says:

      @ Malachi: You are absolutely correct. However, 20 years ago, these same magistrates fought against mandatory sentencing. I am betting their opinions are even more cast in stone. We all should be writing to the Chief Justice, the Attorney General, and if no relief is forthcoming, the Governor and I would guess, even the Privy Council, although I may have that wrong.
      Sentencing should not only fit the crime, it should also send a message to the public about what is and is not acceptable behavior.

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  29. Real Talk (original) says:

    Wow. Some of the comments on here defending this depraved individual make me want to pack up my crap and my kids and get on the next plane smoking... preferably to somewhere where the people don't try and justify unjustifiable behaviour.

    If we are willing to lower to the bar to the point where a 22 year old preying on a 14 year old (I don't care how much she *wanted* it) is justified and goes without punishment in the courts, then we are well and truly SCREWED.

    Oh. And we can march for term limits or against some arrogant Minister but we can't march to demand the protection of our most valuable resource: our kids.

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    • knowthyself says:

      While I believe love has no boundaries. 14 is pushing it...maybe 16 I would have felt differently.

      Besides it's justifiable in many countries. Check the facts.

      The age of consent really is indefinable.

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  30. Me says:

    Eventhough at 22 he shouldn't be looking at 14 year old girls but on the other hand my parents are 10 years apart and have been happily married for 20 years.

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  31. Why? says:

    Why is it Bermudians do not seem to grasp the concept of ILLEGAL??? Weed.. smoke it.. get caught... stop list.. complain... (may not be just) but it is ILLEGAL... get a pitbull.. whine and cry to the Minister that you want you ILLEGAL dog back and it not be put down... again it is ILLEGAL.... Is Bermuda the only country in the world that its people have this entitlement or high self worth that because something is ILLEGAL doesn't mean you are not entiteled to do or have it?? Do they not teach what ILLEGAL means in our schools??

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  32. Sad day on everyone concerned in this matter. (1) the parents had to know what their 14 year old was into! They didn't meet her yesterday. It is probably not the first time. (2) train up that child the correct, respectable and God fearing way, she may have known better. But when left alone at home all sorts of hell can break loose. Spoilt children do as they please. (3) this guy has no morals; no conscience and one head that has no batteries included as he should have known from jump that it was absolutely wrong to enter the home without parental consent. By the way it wasn't the first time either....I bet you.
    (4) The Wor. Archie Warner prehaps is got minimal time left before retirement and really don't give a damn. Anyone that is as haphazard in doing the job, hired to do and doesn't apply the correct formula of punishment should be removed "pronto".
    Our judicial needs revision and new applications as we live in a more serious and worthless society.
    This gives others the same trend of thought as they hope they don't get caught. Appeal this case and send this weirdo to Westgate. There he will find Bubba and Flubba. Retry this man.

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  33. hrmmmm says:

    this is all pretty disturbing: the sentencing, the reasoning, the actions of both individuals...while the thought of any fool over the age of 18 going after my preteen is sickening i'd have to cut her A#$@ too if i found out that she willingly brought this fool over her house. Shame on the parents for not teaching this young girl about self respect. shame on the young girl for not using better judgment. shame on the guy for going over her house in the first place. shame on the judge for setting a horrible example of how to deal with this. what the heck is this island coming to?

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  34. Y-Gurl says:

    This sentence is an outrage, a 14 year old...really! third world justice from a third word magistrate

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  35. SMHx2 says:

    While it is not my intention to defend this young man we must realize that this is happening more and more due to the fact that our young ladies, are not acting like young ladies. I do not know this particular young lady and or what she looks like but or the details of this young mans trial but, I do know of many girls this age (and some younger) who do not look, dress and/or act there age. When you see these children with DD bra sized breast in a half top, belly pierced, pants so tight they look painted on heels 5inches high out at 10 & 11 am at night how is the young male supposed to realize that this is in fact a minor?!?!?! I think that all things need to taken into consideration and that everything isn't always as it seems.

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  36. time for change says:

    that judge is crazy and should not have that position any more.
    STATURATORY RAPE IS ILLEGAL!!!!!!!!

    If that was my daughter, that friggin boy would be dead, nuff said

    it is apparent that the law only protects criminals nowadays.

    makes you wonder who is in charge

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  37. bir says:

    girls are having sex at a very young age these days. VERY SAD

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    • Pastor Syl Hayward says:

      @ bir: Older men are having sex with very young girls. It has been going on for quite a while, they are just becoming more and more open about it, because a frighteningly large proportion of our population think it is OK.
      Children are allowed to watch just about anything on television, and television, even shows for young children, seems to have injected more sex into everything. Most magazines sexualize women's bodies. Most modern, fashionable clothing sexualizes women's and girls' bodies. Even our conversation deems something that is good as "sexy."

      This is a huge topic. Suffice it to say, adults are required by law to leave children under 16 alone. No matter how mature under-16s look, talk, or act, they are not able, under law, to give consent to any form of sexual activity. To interfere in any way with someone under the age of 16, no matter how enticing, eager, or willing, is to commit a crime. Simple. NOw lets work on minimum sentencing, please.

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  38. dun says:

    but a man with eight seedlings gets locked up.

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  39. knowthyself says:

    See this is what happens when kids spend too much time in front of the television ;)

    Unfortunately thats how most of our youth receive there education here in "Bermy"!!

    Cool people say "bermy don"!!!

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  40. spoons says:

    If you want to know what he looks like, type his name into Facebook, then show it to your daughters and tell them to keep well away.

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  41. Know Your Rights says:

    As a young Bermudian FEMALE, i would like to comment not only on the fact that in this case, she was 14 and he was 21 at the time, but also only the fact that most "adult" Bermudians are still living in the stone ages. whilst most of your grandparents where married and having kids at 15! Yet they are seen as saints, and now its seen as statutory rape.

    I wonder what the naive would have said if it was bought to court that she was having sex with a fellow 14 YEAR OLD BOY!!! (which she probably has already for her to be so comfortable)

    i really want to see an island wide survey done to show exact numbers on how many of school children (even in primary school) are sexually active. (with kids their age or older)Penetration is the final stage of sexual encounters. in PRIMARY school, its a known FACT that some kids find secluded areas around the school to conduct foreplay. ie. kissing and touching. I grew up seeing it in school as well.

    Shocking yet 100% TRUE. Kids need to be educated at even younger ages on the dangers of sex. they arent afraid to explore the unknown.on top of that, PARENTS need to admit to being enablers and start PREVENTING. Alot of parents think its cute that their child thinks they have a little boyfriend in school. and allow it to happen. All they need is that gateway.

    Personally, i believe the law needs to be changed to lower the age of "consent" to 12 years old. a 14 year old girl is MORE THAN CAPABLE of making a decision such as having sex. Especially when teens and pre-teens are trusted with greater responsibilties like babysitting other kids. Which is harder? Its time for society to open its eyes. YOUR DAUGHTERS AND SONS are doing it all when you leave them home alone with their cellphones and computers. believe that.

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