Maine middle school may distribute contraceptives

“If King Middle School in Portland, Maine distributes contraception to 13-year-old children, school officials are encouraging illegal activity,” said Andrew Flusche, JD, legal researcher at American Life League. “Regardless of the other person’s age, it is illegal in Maine to engage in sexual acts with a child under 14.”

On Wednesday, the Portland School Committee will decide whether King Middle School can distribute prescription birth control to sixth through eighth grade students. These students would generally be between the ages of 11 and 13.  However, under current Maine law, a child under 14 cannot consent to sexual activity.

Flusche said that Maine's Criminal Code (section 253) defines “gross sexual assault” as engaging in a sexual act with another person when “the other person, not the actor’s spouse, has not in fact attained the age of 14 years.”

“It is totally reprehensible that a school board that is charged with educating and protecting students in their care would even consider enabling these children to engage in illegal activity,” said Flusche. “In my opinion, the school board, if it votes for this program, is opening itself up for lawsuits.”

Release issued: 17 Oct 07