More lunacy from Georgia

[BaliBabyDoc]

10 year sentence for consensual (interracial) sex

At the time of his arrest, Dixon was a senior football player with a 3.96 grade-point average and a scholarship to attend Vanderbilt University. Dixon's scholarship was later rescinded.

Dixon was enrolled in a home-economics class with the 15-year-old girl. He said he arranged to visit her in a trailer containing classrooms, where she was working as a student custodian. She told school counselors about the incident, and they contacted police.

 

[chess9]

Yet another reason why mandatory minimums are bad law. Even Rehnquist has said so.

On the other hand, why did a guy with such a high gpa think it was ok to have sex with a 15 year old? And, did they have sex sex, or touchy feely sex, or cunnilingus/fellatio sex, or "IS" sex (code name for Clinton sex)?

-Robert

 

[nutxo]

race card for the eventual win!

 

[tnitsuj]

What grade is a 15 year old in, 10th? I know lots of seniors who were tapping 10th graders in high school....including me....dohhhhh!!!

 

[CADsortaGUY]

Whew...
*wipes brow*

Reading the title and hearing of recent cloning successes - I thought dave might have cloned himself:Q



Oh, and yeah, seniors "date" younger girls all the time.

CkG

 

[DealMonkey]

Wow, this is such an obvious race-related sentencing -- especially considering the geographic location . . . Leave it to f'n Georgia.

 

[JammingJay]

Assuming they were both in high school during this incident, then its likely 10% of this country should be in jail for a decade then

 

[KK]

Just listening to CNN and they were talking about this case. Evidently there's more to the case than what is out there. There were bruises on the girl indicating that he may have forced himself on her. Who knows.

KK

 

[Mill]

Originally posted by: KK
Just listening to CNN and they were talking about this case. Evidently there's more to the case than what is out there. There were bruises on the girl indicating that he may have forced himself on her. Who knows.

KK

Yeah but they didn't charge him with assault... just statutory rape and molestation and neither implies force. I think it is fvcked up that he was ever arrested or questioned to be begin. Americans can be downright silly about sex.

 

[dmcowen674]

Originally posted by: JammingJay
Assuming they were both in high school during this incident, then its likely 10% of this country should be in jail for a decade then

This was brought up in Off Topic. This is unreal, even when I was a Junior (11 th grade 17yrs old) and I had a girlfriend that was in 9th grade (14 yrs old) that I met because we were in same Math class.

The only way to prevent guys from going to jail we would have to keep girls apart from the guys until 16 yrs old. A new reason for segregation.

and yes, we all now know how whacked Georgia is. It thinks it is Australia, a Penal Colony.

 

[chess9]

I see I am completely out of touch with the current reality. In my high school days guys didn't have sexual intercourse with girls of any age until they were married. Well, 90% of us anyway. But guys TALKED about sex a lot and one of the best known issues was about avoiding sex with an underage girl. I'm amazed that it seems to be ok for a 15 year old to be having sex. Call me conservative, but I don't think that approach is good for the girl or the boy. We need stronger social pressure against early sex, not acceptance, IMHO. On the other hand, once you are a little older, say voting age, you are presumptively mature enough to fully comprehend the consequences of your actions. This is why I oppose adult penalities for juveniles. They may know right from wrong, but their judgment is still woefully inadequate.

There is another aspect to this, and one we all know too well. A high school senior, who also happens to be an athlete can, er, "score" at will today. High school has a multi-layered stratification that lends itself easily to exploitation and a pressure cooker environment. In sum, I'm willing to bet the girl didn't think she could or wanted to say NO.

When it comes to adult sex it's none of my business what you do as long as you don't harm someone. Kids need much more protection. I have 3 so perhaps my views are skewed.

-Robert

 

[heartsurgeon]

From the Associated Press:

"Dixon had a history of minor sex offenses in school before the rape accusation, Patterson said. She said Dixon once exposed himself to a girl in class, and then on another occasion put his hand down a girls pants. Sexual battery charges in the second incident were filed after Dixon was sentenced to prison. He pleaded innocent, and that case is still pending.

A jury acquitted Dixon in May of rape, aggravated assault, false imprisonment and sexual battery charges. He was sent to prison for aggravated child molestation and statutory rape."

So Defending Saddam Hussein isn't a full-time job?

 

[maluckey]

From what I read and heard, this guys record is looooong. The race card has nothing to do with it. This guy is a sexual predator, and should be put away.

 

[rudder]

Originally posted by: KK
Just listening to CNN and they were talking about this case. Evidently there's more to the case than what is out there. There were bruises on the girl indicating that he may have forced himself on her. Who knows.

KK

Marcus Dixon, who was convicted of aggravated child molestation and statutory rape

She told school counselors about the incident, and they contacted police.

Not just statuatory rape. And the article mentions that she told school counselors about the incident. I think your right in saying there is more to the story than this CNN blurb.

 

[alchemize]

Originally posted by: DealMonkey
Wow, this is such an obvious race-related sentencing -- especially considering the geographic location . . . Leave it to f'n Georgia.

Care to rethink this after seeing a few more posts?

 

[alchemize]

GA state supreme court hearing the appeal

Sounds like to me the mandatory sentencing is more the issue here. Girl claims she was raped, it was found to not be rape. He said/she said. Not quite as sexy as calling it a lynching though.

He's certainly guilty of very bad judgement...hitting an underage girl in a classroom trailer, when you are supposed to be "the man" when it comes to grades and sports. I think 10 years is extreme, and he wouldn't have received it without mandatory sentencing.

 

[dmcowen674]

Originally posted by: rudder

Originally posted by: KK
Just listening to CNN and they were talking about this case. Evidently there's more to the case than what is out there. There were bruises on the girl indicating that he may have forced himself on her. Who knows.

KK

Marcus Dixon, who was convicted of aggravated child molestation and statutory rape

She told school counselors about the incident, and they contacted police.

Not just statuatory rape. And the article mentions that she told school counselors about the incident. I think your right in saying there is more to the story than this CNN blurb.

The kid has admitted his mistakes. He was a cocky (pardon pun) big shot in his school. Big Vick like football star for their school and did the Micheal Jackson thing all the time.

The only question in this case is the Punishment fitting the crime.

Don't forget he did not go and seek this girl out to rape her. She knew him well and to some degree holds some responsibility for putting herself (willingly) in the situation of being a lone with him in a locked classroom trailer.

That aside the Jurors aquitted him of the rape charge. They dinged him for what they thought would be a slap on the wrist secondary charge that they thought would be maybe some probation/community service time tops. They had no idea that it would be Felony charge with mandatory 10 yr with NO chance of early parole.

In a word the Jury was screwed, not just the Kid. They had no choice but between two Felony charges. They knew the Rape charge was a Felony but they were not told the secondary charge is also a Felony otherwise all 11 Jurors said they would have aquitted him on both charges.

The Jury is mixed with both black and white, men and women. The interview with them, they all said they are sick over the case and can't sleep, they also participate in the Free Marcus Rally's.

The Georgia Supreme Court will take 2 to 3 months before they come out with their decision and ruling on the case. I do not know what options they have.

I suspect they may try to use the Georgia First Offender as an out in this.

 

[DealMonkey]

Originally posted by: alchemize

Originally posted by: DealMonkey
Wow, this is such an obvious race-related sentencing -- especially considering the geographic location . . . Leave it to f'n Georgia.

Care to rethink this after seeing a few more posts?

OK maybe.

I rely on you guys for info on many of these stories. I simply don't have time to track down the minutia of each minor news story that pops up.

:shakes fist at sky: Damn you CNN!!

EDIT: By the way, I STILL disagree with mandatory sentencing. It's bad, bad, bad. IMO.

 

[BaliBabyDoc]

A jury acquitted Dixon in May of rape, aggravated assault, false imprisonment and sexual battery charges. He was sent to prison for aggravated child molestation and statutory rape."

According to the jury there isn't more to the story. He did NOT rape her. He did NOT assault her. He did NOT falsely imprison her. He did NOT commit sexual battery. He's going down for having consensual sex with a sexually-active 15 year-old. Now that's assuming he's telling the truth. If she's telling the truth (and a jury believed her) why did they not convict on the rape, sexual battery, aggravated assault charges?

Prosecutors contend Dixon is a violent sexual predator with a history of harassing girls, including exposing himself in class and putting his hand down another girl's pants.
"He's a sexual deviant, and he's exactly where he needs to be - in jail," said Mike Prieto, an attorney for the victim. "What message are we sending to the women, to the girls, who won't come forward when this happens?"

Violent sexual predator . . . the guy is an arse but that's about it. If there was any real evidence of violence he should have been expelled AND in jail. Based on the rejected charges . . . he was neither violent nor particularly deviant.

This prosecutor only makes one valid point . . . that all complaints of sexual assault should be investigated and that laws (and their enforcement) should protect the population from people that do not respect the rights of others.

Is it really that hard to link articles . . . particularly if you quote selectively?

What should have happened based on ACTUAL facts released to the public.

Issues before the Georgia Supreme Court in Marcus Dixon's case:

-Whether Dixon should have only been charged with misdemeanor statutory rape, not the more serious crime of aggravated child molestation. Dixon's attorney, David Balser, says statutory rape is the law that should govern sex between teenagers.

Statutory rape makes it a misdemeanor if teenagers fewer than three years apart have sex and one is less than 16 years old. Aggravated child molestation is a crime when a person does immoral or indecent acts in the presence of a child under 16 for sexual purposes with force.

Make the time fit the crime but my problem is there should be some punishment for sexually-active 15 (11 months) if you are going to punish 16 (1 month).

 

[chess9]

I would like to hear what she told the counselor and what her testimony was at trial. How did she get in that trailer with him? Did she say no at any point? Did she try to leave? Did she scream or yell? Was her clothing torn? Just too many questions to say whether 10 years is too much or too little. If it was a violent rape and he had a prior record of sexual assault I believe 10 years is NOT ENOUGH TIME. Sexual predators suffer from a serious disease for which there is no known cure. They should be locked up forever as far as I'm concerned. The recidivism rate for those guys is extremely high.

-Robert

 

[digitalsm]

Originally posted by: Mill

Originally posted by: KK
Just listening to CNN and they were talking about this case. Evidently there's more to the case than what is out there. There were bruises on the girl indicating that he may have forced himself on her. Who knows.

KK

Yeah but they didn't charge him with assault... just statutory rape and molestation and neither implies force. I think it is fvcked up that he was ever arrested or questioned to be begin. Americans can be downright silly about sex.

Actually no, they charged him with rape, and other charges, plus the statutory rape and molestation. They guy was aquitted of rape and the major charges, but was convicted by the letter of the law on statuory rape and molestation.

 

[digitalsm]

Originally posted by: alchemize
GA state supreme court hearing the appeal

Sounds like to me the mandatory sentencing is more the issue here. Girl claims she was raped, it was found to not be rape. He said/she said. Not quite as sexy as calling it a lynching though.

He's certainly guilty of very bad judgement...hitting an underage girl in a classroom trailer, when you are supposed to be "the man" when it comes to grades and sports. I think 10 years is extreme, and he wouldn't have received it without mandatory sentencing.

The guy has virtually no shot other than clemency or a pardon by the Gov of Georgia. He was convicted of statutory rape, which DID happen. They are going on the basis that the minimum jail time is "cruel and unusual punishment".

 

[digitalsm]

Originally posted by: chess9
I would like to hear what she told the counselor and what her testimony was at trial. How did she get in that trailer with him? Did she say no at any point? Did she try to leave? Did she scream or yell? Was her clothing torn? Just too many questions to say whether 10 years is too much or too little. If it was a violent rape and he had a prior record of sexual assault I believe 10 years is NOT ENOUGH TIME. Sexual predators suffer from a serious disease for which there is no known cure. They should be locked up forever as far as I'm concerned. The recidivism rate for those guys is extremely high.

-Robert

I know alot about this case.

One the girl was reportedly a "slut", but that doesnt matter. There were signs of force.

Two she was in the trailer cleaning it, doing an after work job at school. He came in, this is where there stories differ.

She claims he raped her, he claims it was consentual.

He was aquitted of rape, but convicted of statutory rape and child molestation. He was convicted under the letter of the law, and completely by the book. I seriously doubt he wins his appeal. I mean for christ sakes he admitted to having sex with a minor.

 

[BaliBabyDoc]

I would like to hear what she told the counselor and what her testimony was at trial. How did she get in that trailer with him? Did she say no at any point? Did she try to leave? Did she scream or yell? Was her clothing torn? Just too many questions to say whether 10 years is too much or too little. If it was a violent rape and he had a prior record of sexual assault I believe 10 years is NOT ENOUGH TIME. Sexual predators suffer from a serious disease for which there is no known cure. They should be locked up forever as far as I'm concerned. The recidivism rate for those guys is extremely high.

I agree with you 100% . . . but clearly we have some clues to the answers. If she said no or tried to leave . . . that would be grounds for rape, sexually battery and false imprisonment . . . yet he was AQUITTED on those charges. If her clothing was torn . . . that would be grounds for aggravated assault yet he was AQUITTED on that charge.

Mandatory minimums (justice by autopilot) only makes sense if the other aspects of the system are judicious. Too much power has been shifted to duplicitous prosecutors and legislators that spend more time talking about justice than actually advancing the cause. Maybe I'm wrong and he truly forced himself upon this girl. In that case . . . what the hell is wrong with that jury?!

They had no choice but between two Felony charges. They knew the Rape charge was a Felony but they were not told the secondary charge is also a Felony otherwise all 11 Jurors said they would have aquitted him on both charges.

The Jury is mixed with both black and white, men and women. The interview with them, they all said they are sick over the case and can't sleep, they also participate in the Free Marcus Rally's.

IMHO, it's easy to see who the real "offender" was in this case.

 

[BaliBabyDoc]

He was aquitted of rape, but convicted of statutory rape and child molestation. He was convicted under the letter of the law, and completely by the book. I seriously doubt he wins his appeal. I mean for christ sakes he admitted to having sex with a minor.

The laws are written with particular intent. For instance, when GA created the statutory rape law (misdemeanor) for consensual sex between minors it was for the purpose of punishing illicit activity between minors 13-16, 14-17, 15-18 . . . while distinguishing it from consensual relations between adults and minors (felony). Aggravated child molestation differs in that it describes forced activity with a minor. Dixon was acquitted on ALL of the charges consistent with a use of force EXCEPT for this one. It's difficult to square a circle where he's guilty of forcing her to have sex (of some sort) but didn't rape her.

So my summary:
1) Somehow two students wound up in an empty schoolbuilding without supervision . . . he says invitation, she was supposed to be there.
2) They had sex . . . she says forced, he says consent was given.
3) A jury cleared him on charges of sexually battery, rape, aggravated assault, and false imprisonment.
4) Jury found him guilty of statutory rape (sex with a minor).
5) Jury also found him guilty of aggravated child molestation . . . but apparently didn't understand what that meant.

Robert Whaley case

He was convicted under the letter of the law, and completely by the book. I seriously doubt he wins his appeal. I mean for christ sakes he admitted to having sex with a minor.

That's a problem with this case as well . . . GA has a specific law for consensual sex with a minor when the "offender" is close to the same age. Apparently the jury believed consent was either explicit or implicit and they did not agree with the other charges consistent with use of "force".