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17 year old Georgia boy gets 10 years; for consensual oral sex with 15yr old
Topic Started: Dec 19 2006, 03:15 AM (1,152 Views)
jon-nyc
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Cheers
From Andrew Sullivan:


In Georgia, a seventeen year old boy has been sentenced to ten years imprisonment for the heinous crime of a spot of consensual oral sex with a 15 year old girl.

Eugene Volokh notes that the Georgia Supreme Court may have had no choice but to uphold this appalling sentence since:

1. The age of consent in Georgia is 16.


2. In 2006, the Georgia Legislature amended the statute to provide that oral sex between an under-18-year-old and a 13-to-15-year-old is only a misdemeanor, with a maximum penalty of a year in jail. This revised statute would have thus made the defendant's conduct a misdemeanor had he committed his crime after the statute's enactment, but the statute expressly provided that it wasn't retroactive.


3. Even at the time the act occurred, genital sex between an under-18-year-old and a 14-or-15-year-old was also a misdemeanor.

4. This defendant had no criminal record that would justify an especially long sentence.


The presiding judge argued he had to lock the boy up for a decade without the prospect of parole:

"...while I am very sympathetic to Wilson's argument regarding the injustice of sentencing this promising young man with good grades and no criminal history to ten years in prison without parole and a lifetime registration as a sexual offender because he engaged in consensual oral sex with a 15-year-old victim only two years his junior, this Court is bound by the Legislature's determination that young persons in Wilson's situation are not entitled to the misdemeanor treatment now accorded to identical behavior..."

A decade for a consensual "act of oral sodomy"? I suppose the lad's lucky he isn't being castrated.



Here's an article from
Atlanta Magazine on the case.
In my defense, I was left unsupervised.
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ny1911
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Is a 15 year old girl legally able to consent to sex?
So live your life and live it well.
There's not much left of me to tell.
I just got back up each time I fell.
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Mikhailoh
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This is an example, however awful, of inequity. I cannot imagine Georgia lawmakers had this situation in mind when the law was written.

Stay tuned. I'd bet this case gets attention at the executive level.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Daniel\
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And that's what happens when the sex police get their way. The fact that the young man is black and going away for ten years is an added bonus. Way to go Georgia. :thumb:

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Mikhailoh
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Daniel
Dec 19 2006, 07:48 AM
And that's what happens when the sex police get their way. The fact that the young man is black and going away for ten years is an added bonus. Way to go Georgia. :thumb:

I agree this is bad law and the punishment disproportionate. But if this is to be called 'the sex police', do you think there should be no laws protecting minors? An innocent encounter is a boy and girl are making out and it leads to oral sex. Renting hotel rooms, lining up girls younger than themselves, booze and pot and then videotaping the results does not qualify.

Interesting that you should throw in the race thing.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Daniel\
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Mikhailoh
Dec 19 2006, 04:01 AM
Interesting that you should throw in the race thing.

Didn't see that coming (yes I did). I might as well. They just got done with a notorious case where the boy who went to jail for ten years was black and the girl in the case was white and in THIS case the boy going to jail thinks it has to do with race, and I am not inclined to disagree.

Yes, of course there have to be laws regarding sex, but when the authorities in this case say "I don't think it is fair but I am only doing my job" I don't buy it. They knew exactly what they were doing, and what the outcome would be. They have discretion. They should have used it.

I think the girl in this case as likely as not knew damn well she was at a sex party. :shrug:

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Mikhailoh
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They offered the kid a plea, Daniel. He fought it, was convicted and there was no alternative sentencing under the law as it was. That's how it is done in criminal court.. you can roll the dice if you want, but you cannot do it without risk. The young man and his family felt no jury would convict, but they were wrong.

Any competent attorney will tell you they do not predict what judges or juries will do.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Daniel\
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Mik, read it. They threw every charge in the book. Don't kid yourself that they're not happy he's going away for ten years. That's their game. 10 years for a 17 year old having sex with a 15 year old is an injustice. Period. It is wrong.

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jon-nyc
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I totally agree. Its an outrage.

Maybe the guy should have taken a plea, but I can see not wanting to have to be classified a sex offender for the rest of my life.

(and lets be honest guys, if oral sex with a minor WHILE YOU WERE A MINOR made you a sex offender, a lot of us wouldn't be living near schools today)
In my defense, I was left unsupervised.
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Daniel\
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:leaving:

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Mikhailoh
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If you want trouble, find yourself a redhead
I think this case will.. and should.. receive more attention in Atlanta. But because it is bad law, not because the kid is all that innocent. You have to remember the circumstances.. this was planned in advance, and at least the one girl was under the influence to the point she did not remember. There was also a charge of rape involved. It was in adjoining hotel rooms and it was videotaped. It ain't your daughter's normal Saturday night date.
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Riley
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Frank_W
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The whole world has gone insane.... God, f*ck this place. Some days, I just really would rather check out than put up with life, here. :brokenheart: :dead:
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Me: "Man, that's a lot of lampshades!"
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John D'Oh
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Frank_W
Dec 19 2006, 08:51 AM
The whole world has gone insane

I think it's always been insane. In many ways, these are relatively sane times. We actually worry about 4000 deaths as being something very important. It wasn't always thus.
What do you mean "we", have you got a mouse in your pocket?
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jon-nyc
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[booming voice]

Let he who was never blown in highschool cast the first stone!

[/boomingvoice]
In my defense, I was left unsupervised.
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George K
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jon-nyc
Dec 19 2006, 07:57 AM
Let he who was never blown in highschool cast the first stone!

Looking for my rock....
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Nothing is as effective as homeopathy.

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jon-nyc
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George K
Dec 19 2006, 08:59 AM

Looking for my rock....

Well THAT explains a lot. :D
In my defense, I was left unsupervised.
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Daniel\
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http://en.wikipedia.org/wiki/To_Kill_a_Mockingbird

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George K
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jon-nyc
Dec 19 2006, 08:00 AM
George K
Dec 19 2006, 08:59 AM

Looking for my rock....

Well THAT explains a lot. :D

Yes, Jon, it does. And I'm a better more pathetic nastier man for it. :lol2:
A guide to GKSR: Click

"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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kenny
HOLY CARP!!!
I was a virgin throughout High School.

I guess that makes me morally superior.
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Frank_W
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Me too. I was good boy until I turned 18, and then I more than made up for lost time. :D
Anatomy Prof: "The human body has about 20 sq. meters of skin."
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katie
Fulla-Carp
Well, really.
Hard to believe or imagine in this day and age.
This kid will have to get off .
How can this be?
What a backwards state, with absurd laws, and punishment.

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Mikhailoh
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kenny
Dec 19 2006, 10:24 AM
I was a virgin throughout High School.

I guess that makes me morally superior.

I was thinking unlucky. George too.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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***musical princess***
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HOLY CARP!!!
And yet, there are murderors out there who only get 6 months then bail. Gosh the world is f*cked up. So he had a blow job from a girl who was a few months underage? Seriously, ten years? Come on, they are just taking the piss. This sort of 'justice' really gets me so angry. :veryangry:


And i'm allowed to cast the first stone because i am a good girl. :D :angel:

x
x Caroline x
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The 89th Key
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kenny
Dec 19 2006, 09:24 AM
I was a virgin throughout High School.

I guess that makes me morally superior.

:whistle: :whistle:
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