Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released.At 21 years of age, Wilson was released from prison when the court declared his sentence “grossly disproportionate to his crime.” Other states have made similar changes in an attempt to undo the harsh effects of exceptionally strict laws. Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision.Although there is no public talk of prosecution, and much of the case would depend on where and when the sexual activity took place, onlookers have questioned whether Spears’ boyfriend could be charged with statutory rape, even though the two were in a long-term, consensual relationship.
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But if these teens are having sex, and you live in a state where prosecutors aggressively enforce the law, it’s possible that your son could be charged with statutory rape.
Take, for example, the widely publicized case of Marcus Dwayne Dixon, an 18-year-old high school honor student and star football player who had sex with a 15-year-old female classmate.
Research shows that teenage girls tend to have their first sexual experience with male partners who are three or more years older.
In one study, researchers discovered that girls who’d had an older boyfriend by seventh grade were twice as likely to have had sex by ninth grade as girls who’d had a same-age boyfriend by seventh grade.
Depending on the state, Romeo and Juliet laws may reduce the severity of the offense from a felony to a misdemeanor, reduce the penalty to a fine, probation, or community service, and/or eliminate the requirement that the convicted adult register as a sex offender.
The following are just a few examples of Romeo and Juliet laws currently in place in the United States: Exceptions and Other Considerations In addition to Romeo and Juliet laws, some states have specific exemptions when both parties to the sexual act are minors, or the person to be charged is legally married to the minor.In an interview after his release, Dixon told The Oprah Show, “Freedom is great.It’s unbelievable that I’m finally home after 14 months.“In many cases, they are enforced largely by how angry the parents of the younger party are.” In some states, offenders have spent years in prison for statutory rape in situations similar to Jamie Lynn Spears’ while other states have prosecuted only egregious crimes.One particularly shocking case drew international attention when 17-year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl.In May 2004, the Georgia Supreme Court overturned Dixon’s conviction, stating that he should’ve been prosecuted on the lesser charge of misdemeanor statutory rape, which carries a maximum sentence of one year.