A truly idiotic case - Georgia teen gets 10yrs for getting a bj

[MattM]

http://sports.espn.go.com/espn/etick...ry?page=wilson

Sorry if this has been posted before but I could really care less because it's new for somebody and I think it needs as much exposure as it can get.

This young man/hs footballer from Georgia got an outrageous 10 year sentence for recieving consensual oral sex initiated by another female. She later claimed rape despite video evidence showing otherwise - riiight. He was 17 - she was 15, apparently against some archaic law. Apparently, under Georgia law at the time, a priest who had been found guilty of having intercourse with a minor would have gotten a lesser sentence even than him.

It looks like the legislature has realized how stupid the thing was and changed the law, but did not make it retroactive - therefore keeping this fellow still behind the bars.

I just can't wrap my head around this one. Maybe some of you legal guys might have more insight into it. Personally I think its beyond stupid and it makes me angry.

[Nyteshade]

An appeal to a higher court will probably get that thrown out.

and before it gets brought up:


Georgia Statutory Rape law
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor.

[Stargate]

Originally Posted by Nyteshade

that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person shall be guilty of a misdemeanor.

so then how did he get 10 years?

[Dionysos]

Originally Posted by Stargate

so then how did he get 10 years?

Because he's quoting the wrong law. The guy got convicted of child molestation, not statutory rape.

[Nyteshade]

Didn't read the link.

edit: Dammit, posted the wrong one again. This is the new law that doesn't include oral sex in it.


§ 16-6-4. Child molestation; aggravated child molestation


(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

(b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

(d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(2) A person convicted of the offense of aggravated child molestation when:

(A) The victim is at least 13 but less than 16 years of age;

(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

[PETA]

If this is the case I think it is then the guy got convicted of getting a hummer rfom his GF and got ten years.

The legislature has subsequently changed the law but that is proactive not retroactive ergo - doesn't help out the kid in the slammer one bit.



As for statutory rape v child molestation

both are generally just terms used by newspapers...

Most states regard all sexual crimes as "sexual battery" (or if you're in Georgia - "molestation" apparently)

if the victim is an adult then you have sexual battery (rape)

if the victim is a child then you have sexual battery of a child (statutory rape)

other feathures can be added as description (sexual battery of a child of less than 8 years of age, aggravated sexual battery, etc etc etc

the point is that rape was forced out of the statutory legal lexicon (by feminists) because rape is a property crime and battery is a crime against a person... or so it is alleged

[Dionysos]

Originally Posted by xian

If this is the case I think it is then the guy got convicted of getting a hummer rfom his GF and got ten years.

You mean like it says in the title of the thread?

Originally Posted by xian

The legislature has subsequently changed the law but that is proactive not retroactive ergo - doesn't help out the kid in the slammer one bit.

Yea, already been mentioned. You need to keep up Christian.

[PETA]

dude - cut me some slack - been home sick from work (again) - on day 2 - not really all together that with it..... so... please accept my ooops and tease me no more

[MattM]

ah - ironically enough I just noticed his defense attorney's name is - B.J. Bernstein. heheh.

[Suck_Farty]

If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

So should that mean the boy got a misdemeanor?

[PETA]

Originally Posted by Suck_Farty

So should that mean the boy got a misdemeanor?

the part of that post you didn't read....

Originally Posted by nyteshade

edit: Dammit, posted the wrong one again. This is the new law that doesn't include oral sex in it.

[MattM]

follow up:

he was released today.

http://www.ajc.com/metro/content/met...ge_tab_newstab

[Dionysos]

Best news I've seen this week.

[Funkenstein]

God bless America.

[BradH]

Actually I was going to post a more personal comment on this but decided against it.

However I will say that the law is fucked up especially in regards to "minors" and consensual sex between the ages of say 15-18. At that point, say you are 18 and have sex OR just sexual/arousing encounters with the minor, in Texas you can/will be charged with SEXUAL ASSAULT with a minor

If convicted, even with deferred adjudication (meaning you bargin for 5 years probation in exchange for the felony count being expunged from your record at completion of said probation) you will still be a registered sex offender for the rest of your life.

Fuck the judicial system in that regard.