Consent And Child Sex Crimes: Can Children Agree To Sex?

On October 15, 2024, Michael Kealty, a former detective with the Smyrna Police Department, pled guilty to coercing and enticing a minor to engage in illicit sexual activity. The plea was accepted by U.S. District Judge Richard G. Andrews. Kealty faces a mandatory minimum term of 10 years in prison, with a maximum term of life in prison. The sentencing is scheduled for February 12, 2025.

U.S. Attorney David C. Weiss emphasized the betrayal of trust, stating that Kealty, who had taken an oath to protect and serve, instead preyed upon vulnerable minors. The FBI's Baltimore Field Office, led by Special Agent in Charge William J. DelBagno, highlighted Kealty's calculated and dangerous behavior, noting that he repeatedly sought opportunities to target vulnerable minors.

The investigation began when federal agents executed a search warrant at Kealty's residence on September 22, 20232. During the search, they discovered additional child pornography in his Snapchat account. Kealty was initially charged with distributing and possessing child pornography.https://www.justice.gov/usao-de/pr/ex-smyrna-detective-pleads-guilty-child-sexual-exploitation-charge

Commentary

The perpetrator was initially charged with distributing and possessing child pornography but pled guilty to an even more grievous charge of coercing and enticing a minor to engage in sexual activity.

Coercing and enticing a minor to engage in sexual activity involves using various tactics to manipulate or force a minor into participating in sexual acts. This can include persuasion, inducement, enticement, or coercion. The key elements of this offense are the absence of voluntary consent and the presence of threats, manipulation, or deception.

Under the law, minors can never provide legal consent. Although a minor may willingly participate in sexual activity without threats or coercion, the participation is not considered legal consent, and it is still unlawful for an adult or older adolescent to request, encourage, or knowingly allow such activity.

Under U.S. federal law, specifically 18 U.S.C. §2422, it is illegal to knowingly persuade, induce, entice, or coerce any individual under the age of 18 to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense. Violations of this law carry severe penalties, including long imprisonment terms and mandatory sex offender registration.

In the above matter, the source suggests that the perpetrator was not only distributing and possessing child pornography but was producing child pornography for sale or distribution. Because the perpetrator was a law enforcement officer, he likely used his position of authority to threaten targets to produce child pornography.

Here are some of the steps safe adults can take if they suspect a child sex crime has or is being committed:

  • If a life-threatening emergency exists, dial 911.
  • If not a life-threatening emergency, contact a child protective services agency or local law enforcement immediately.
  • Get a name, title, department, phone number and email address from your law enforcement and/or child protective services contact. Take notes and preserve your communications with law enforcement and/or child protective services.
  • Tell the law enforcement and/or child protective services contact the facts that form the basis of your reasonable suspicion of child sexual abuse. Be prepared to provide dates, times, and names of witnesses. Do not speculate or provide information that you know is false or misleading.
  • Follow the directions of law enforcement and/or child protective services contact on preserving the safety of the child.
  • If applicable, let your employer know that you have made a report to law enforcement or child protective services.
  • Provide emotional support to the child when possible.
  • Do not argue, blame, or interrogate the child.
  • Do not try to convince the child he or she is mistaken.
  • Do not direct any anger or retaliation toward the child.
  • Allow law enforcement and/or child protective services to interact with parents and/or caregivers.
  • Follow-up with law enforcement and/or child protective services on your report.
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