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View Diary: Breaking : Genarlow Wilson's sentence voided ! (412 comments)

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  •  Isn't the state required to appeal? (2+ / 0-)
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    GarySeven, thevineyard

    What is the age of consent in Georgia? What is the age of adulthood in Georgia?

    But anyway I have heard that sometimes the state is required to appeal. I know that attorney generals have often had to defend policies they don't agree with in front of the Supreme Court before.

    Although I am very tough on crime not sympathetic to the criminals this charge does seem somewhat absurd. If every the state prosecuted every teen for having sex then the jails would be overflowing.

    •  In Georgia (1+ / 0-)
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      thevineyard

      The age of consent is 16 (most common AOC for US states, but it varies from state to state) and the age of adulthood is 18 (AFAIK, that's the case everywhere in the US).

      Since the law under which Wilson was convicted was legislatively repealed a few years ago, the AG isn't obligated to defend it. As far as I know, the appeal is based on purely procedural (can a judge who wasn't involved in the original case change the terms of a conviction?) rather than substantive grounds.

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