December 18, 2006
Worst News Story of the Year

Stefan has issued a call for nominations for assorted awards and such below. I'll leave that task to readers but should chime in on a category I don't think Stefan envisioned: worst news story covered in the local press.

I nominate a story just shared today by Dan Savage at the Stranger, in which a 17-year-old male was sent to jail in Georgia for 10 years with no chance for parole, all for the high crime of receiving consensual oral sex from a 15-year-old female. Savage's brief post links to the Volokh Conspiracy for more complete coverage (which interested readers are encouraged to digest).

The story is beyond appalling. The sentence, particularly at that length, stands a good chance of ruining the kid's life, or at least a solid portion of it, all for being on the receiving end of many a 17 year old male's regular fantasy. The bitter irony of the matter is the law in question was changed after the "crime" was committed, and even at the time, the felony charge he faced would have been only a misdemeanor if he had instead had intercourse with the girl.

This is an object lesson on why state legislatures need to carefully consider the consequences of the laws they pass, particularly when considering challenging questions such as age of consent, mandatory sentences, etc. Of course, it doesn't help this ABC news coverage from earlier in the year notes in Georgia, "oral sex between husband and wife was illegal, punishable by up to 20 years in prison" until 1998. Ugh.

Commenters here have in the past engaged in spirited debates pertaining to laws regulating social mores. I'm curious of the reaction to this story. It strikes me as more evidence legislative bodies should err on the side of caution when considering issues of consensual sex and related adult behavior.

Posted by Eric Earling at December 18, 2006 06:57 PM | Email This
Comments
1. Will you join me, Eric, in calling for a letter-writing campaign directed at the governor of Georgia, demanding that this boy be pardoned?

Posted by: Dan Savage on December 18, 2006 08:34 PM
2. I was all set to be sympathetic until I read the Volokh post and discovered that there were multiple guys and they videotaped the girl.

Posted by: Legast on December 18, 2006 10:31 PM
3. Locker room humor aside there is a reason there is an age of consent. By definition minors can't consent to sex. Be they 17 or 15.

Yes it's inconsistent to have separate definitions for different acts. But while a minor this particular boy was still two years older than the girl, I don't see this sentence as a major injustice. I would have liked to have seen all the boys and the girl convicted of statutory rape or something similar and locked away for ten years. This is rape and child molestation no matter how you slice it.

Posted by: M167A1 on December 18, 2006 10:47 PM
4. I'm fairly sure that the Governor of Georgia has a circular file big enough to handle the entirety of our letter-writing efforts.

Posted by: Hinton on December 19, 2006 05:07 AM
5. This is one of those reasons why many fiscal conservative types distrust the republicans. Its not just transportation and education, its also this nonsense. The Republicans allow the fringe social conservatives to have too much influence. People in reasonable parts of the Country here this and it turns them off your party.

The fact is that they were both high schoolers. Had the guy been 35, then yah its a serious crime. Not even mentioning that they actually treat oral sex worse then intercourse. Thats kind of backwards if you think about it. She was just as much a participant as he was.

Well, regardless, there's number 1005 not to live in Georgia or anywhere in that stupidity infested bible belt.

Posted by: Giffy on December 19, 2006 06:35 AM
6. M167A1;

You are so right. I think they should go a step further and castrate the young pervert. That'll teach him. It serves the best interest of society to ruin his pathetic worthless life. We don't need him anyway.

You sanctimonious ass.

Posted by: REBEL on December 19, 2006 07:43 AM
7. I've emailed Dan Savage agreeing to his request. Will post something about that soon.

Meanwhile, I think REBEL's response to M167A1 is too kind. Lots of teenagers going to jail for a long time (throughout all of history) in that guy's world.

Posted by: Eric Earling on December 19, 2006 08:49 AM
8. I too went beyond the links, and in doing the research, this boy is truly screwed. If rape is a lessor sentence than consenual oral sex, then this boy should be pardoned. He didn't bend to the pressure of plea-bargin, and he stood up for himself.

Teenagers today are totally different than even 10 years ago. There are no commitments, no strings, and every one is a FTF (Friends that F*ck) Oral sex is considered safe sex to them. Look at the Rave Parties. Do you think that they sit around eat popcorn and watch Lassie?

As my G Ma used to say, you reap what you sow. Well I guess society deserves what we get. All parents today need to responsible, and lead by example. Get involved in your child's life, even if it means putting off things that we think "we adults" need.

The state of Georgia needs to do the RIGHT thing and pardon this boy.

Posted by: Chris on December 19, 2006 09:02 AM
9. I read further and, yes, this is a grave injustice. I also agree with Giffy in #5, theses sorts of things are what turn good moderates off from the Republican Party. While I think that what happened on that NYE two years ago was ill advised, it definitely doesn't deserve 10 years, let alone 10 minutes, in jail. Heck, if that were the case I think many of us would be setting a spell along with the young man. And that fact that, by all accounts, he wasn't some gang-banging waste of air but a smart, capable, young man. A Damn Shame. I will gladly join Dan in a letter writing campaign.

Posted by: WarmFuzzyPuppies on December 19, 2006 09:30 AM
10. Generally, I try to refrain from comment on these threads. However, #8, Chris nails it to use a bad pun. Since the "blue dress" days of Clinton, the view of many young people is that oral sex is not real sex. Quite a few conservative parents would be shocked to find that their progeny consider themselves to be virgins because all they have ever done is oral sex.
A great family and good parents is no guarantee that a child will not fall victim to the stupidity of youth, but those assets give the child a better chance. Another way of looking at this episode is what kind of messed up life must the girl have to put herself in these circumstances. My best guess as an educator is she needs a good dose of self esteem and self value. I know that "self esteem" is a buzz word that many here make light of. Here, the question is more legitmate than the pushing of ebonics.
I am an independent voter, but I welcome attempts by either party to promote and support strong families and strong personal values.
I hope for a pardon in this case. One of the values that many religious people, not excluding you secular humanists, have is the possiblity of redemption.

Posted by: WVH on December 19, 2006 10:36 AM
11. My family lived in Georgia for a couple of years while I was in pre-school and kindergarten. Glad we got out of there before I got to high school.

Posted by: Stefan Sharkansky on December 19, 2006 10:46 AM
12. This sort of scenario is why statuutory rape laws often don't apply when the participants are within a small age difference (commonly 2 years).

Posted by: krm on December 19, 2006 07:54 PM
13. WVH good points. we've de-emphasized "character" over the years.

i cant help to contrast this kid's sentence/penal code expectations with that of the human trash who (out yet again from jail) recently rammed & killed a young police lady here in WA. justice?

Im a strict laws person, but realize laws cant be eternally concrete and (rarely) should be adjusted for circumstance. not condoning, just weighing the punishment compared to other perps out there. maybe a sentence to a few years of community service assisting rape or other crime victims might be good payment.

Posted by: jimmie-howya-doin on December 19, 2006 10:40 PM
14. Too bad they don't teach Georgia jurors about jury nullification.

Oh, wait, we don't teach that to jurors in Washington, either. Hrmph.

Posted by: Rep. Toby Nixon on December 20, 2006 11:40 PM
15. I am nominating the story of Brett Karch as the worst news story of the year. It makes me ashamed of my hometown.

http://seattlepi.nwsource.com/local/296584_cannon20.html

Posted by: snohomeless on December 21, 2006 07:57 AM
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