Quote:
Originally Posted by Crystal
How did the police find out a crime had been committed? Did the girl go tell her parents, "I gave Genarlow a blow job" and her parents rush out and file a police report? Do you know of any 15 year old girls who rush home to tell their parents that? I'm trying to figure out if there is a way to say this should have never gone to trial to begin with. Was it a case built on hear say and then he incriminated himself?
I think it should have never been reported as a crime and certainly should not have gone to trial. It's really screwed up that if they had had actual sex, they would have fallen under some kind of Romeo and Juliet exception, but a blow job will get you 10 years?!?!
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Here are the explanations:
1.) The police found a video tape when investigating a seperate rape charge filed by a 17 year old who had sex at the same party
2.) That rape charge resulted in acquitals
3.) Georgias Romeo and Juliet Statutes did not cover oral/anal making it child molestation
4.) 'Sodomy' is considered especially immoral, hence the "Aggravated" part of his charge
5.) Georgia has since changed the law, but does not retroactively pardon him
6.) The governor cannot pardon him but the prosecuter can dismiss the charges, but does not feel he appears "sorry enough" for his crime of having consensual sex
7.) The girl has never disputed the fact that it was consensual
8.) The jury never had it explained that this would carry a minimum sentence of 10 years
So there it all is. The judge should have thrown out the sentence immediately as he is allowed to do, as it was in contravention to the bar against "cruel and unusual punishments" to punish a person more harshly for what would be considered a lesser sexual act.