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Patsblue, the conviction was not for the gangbang, was not for drugs, and was not for alcohol. It was for sex between two children, according to the law. It just so happens that the guy could not vote, drink, fight for his country, or make legal decisions of various sorts (such as sign contracts), because the law doesn't think he's capable of those things.
But if he has sex, hold on there a minute!
As prosecuted, this is no different from suzy blowing johnny after they had pledged eternal everlasting love to each other, in a first sexual encounter for both. If you uphold this conviction, you have to uphold it for the Suzy/Johnny scenario as well.
Your very point is that selective enforcement is to be encouraged. My point is that it should not be.
By the way, all those other behaviors recur daily in teenland, if teenland is anywhere near what it was when I was a kid. I hear it is, and then some.
The mandatory 10 years because it was oral is anachronistic, granted. Most such statutes are on the books because you can trump up a minor charge against the real dregs of society. Can't prove it was rape but everybody "knows" it? Get the guy on the sodomy. Or for that matter, just enforce it against a gay or two now and then, to keep them afraid.
This case is just the latest in the long history of such predatory jurisprudence.
It's not right. And all the other uses of such judicial sleight of hand -- for example, punishing a rape you can't quite prove -- are wrong as well.
I remember being a young guy growing up in VA, and laughing w/girls about their felonious fellatio a time or two (the VA sodomy laws.)
Think about it. Could have been any of us, were we out in public (ahem, a time or two a vehicle was involved...) ... and for some reason, targeted upon arrest. All your situational points - drugs, alcohol, multiple partner sex - just go to how we want to bias our senseless convictions (i.e., against use of drugs, alcohol, and multiple partners.) Well, make those things crimes then, or enforce the law, if you say there were "drugs involved". Why wasn't this a drug bust? Or couldn't they sufficiently prove that part? Or were they sending a message?
I don't see any way this conviction should stand, or should have been handed down in the first place. Congratulations, Georgia. You've taken a bright kid, criminalized him, and mixed him in with the dregs of society, in what will amount to a training school for real crime, for a guy who must have gone in with the world's biggest chip on his shoulder, given the nature of his conviction. Way to go guys.
Sorry to vent, I just see a very "there but for the grace of God" moment there. I think many of us do.
Good synopsis, there is also the lets teach this guy a lesson thing also. The other co defendants plea bargained out, he did not. Lets go to a trial and we will throw the book at him. He did wrong, but he did the same thing many high schoolers do.. if we prosecuted them all in Georgia the taxpayers would have to build several more prisons. What bothers me a lot about this law is being branded a "sex offender" and all the baggage that goes along with it for the rest of his life.
“We like to say that dependability is more important than ability,” Bill Belichickism....
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