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An athlete and honor student, Wilson was videotaped at a New Year’s Eve celebration engaging in oral sex and was sentenced to 10 years for aggravated child molestation.
After serving jail time from 2003–07, the Georgia Supreme Court ruled that Wilson should be released; and this decision was followed by a change in state law that reduced consensual sex between teenagers to a misdemeanor with a maximum sentence of one year.
In over half the states, sex between homosexuals is either not addressed by existing laws or is considered a crime.
Recent changes in the laws governing consensual sex between minors or an adult 18 years of age and a minor 14-16 years of age have acknowledged that this intimacy is not the same as molestation.
Matthew Limon was a mentally disabled 17-year-old when he had consensual sex with a 14-year-old boy.
Under the Romeo and Juliet law enacted in Kansas in 1999, Limon would have been sentenced to 15 months in prison if the boy had been a girl.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01. An affirmative defense does not bar arrest and prosecution.
A 2004 case heard by the Kansas Supreme Court had civil libertarians and gay rights groups protesting the existence of a double standard.
Benda pleaded guilty to the charge in November 2012. The charge was dismissed in July 2014 after he successfully completed two years of probation.
Such a legal arrangement is called a stay of adjudication.
When Shakespeare brought Romeo and Juliet to life, he was intentional in choosing two young characters as his protagonists.
Then as now, two teenagers having consensual sex is perfectly understandable.