Posted by
Johnny
Here's an example of stupidity in the US with respect to laws [original article]:
ATLANTA (AP) — The Georgia Supreme Court has turned down an appeal from a teen who was sentenced to 10 years in prison for having sex with a 15-year-old.10 YEARS?!? That's outrageous. Another thing that's outrageous is that people can be convicted of sodomy in some US states (sodomy is basically any non-coital sex, in case you were wondering). Welcome back to the middle ages.
In a ruling released Friday, the court denied a motion for reconsideration filed by lawyers for Genarlow Wilson, who was 17 when he and the 15-year-old engaged in consensual oral sex. He was sentenced for aggravated child molestation.
Wilson’s case was one of two cases that were cited earlier this year when lawmakers passed a law that otherwise strengthened penalties for sex offenders, but reduced the penalty from a felony to a misdemeanor for some teenagers convicted of sodomy.
Presiding Justice Carol Hunstein noted that in easing the penalties for teens, ‘‘the Legislature expressly chose not to allow the provisions of the new amendments to affect persons convicted under the previous version of the statute.’’
Hunstein added she was ‘‘very sympathetic to Wilson’s argument regarding the injustice of sentencing this promising young man with good grades and no criminal history to 10 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,’’ but said the court was bound the by limits set by the Legislature.
3 comments:
While I don't approve of sexually active 15 (or 17) year olds(although would approve if I was still 15), I don't think a crime has been committed.
Consensual? Check.
Within two years of the same age? Check.
Both hardly can be considered "children"? Check.
I don't think putting this "criminal" in jail for 10 years is a benefit to society.
This whole issue is such a grey area with many unanswered questions.
And it's not as simple as, "what is the minimum age for sexual activity?" or "what is the acceptable age gap between minors having sex?".
You also have to ask at what age can a person convincingly consent to having sex. I'm sure this would vary by the individual case depending on the person's mental maturity. There are probably mature 13/14-year-olds who could handle the emotional aspect of a sexual encounter, just as there are immature 18-year-olds who can't. This makes it especially difficult to make laws about sex.
And the issue of consent isn't black and white, either. Yes, non-consensual sex is rape and therefore, illegal, but what about the emotionally troubled and attention-deprived girl who hooks up with a guy at a party, consents to sex with him, then claims that he raped her? It would take witness testimony or a history of these actions on her part to absolve the guy.
I'm glad I don't make laws.
Here's a more informative article about this case.
Lesson: don't go to Georgia.
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