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This is the story of a MAJOR legal injustice, Please Read Below:
The following is a story that is both shocking and outrageous and should never
happen in America. This situation so infuriates us that we are doing everything
we can to change the outcome.
There is an 18 year old African American honor student -- Marcus Dixon --
in Rome, Georgia who is spending ten years in prison for having consensual
sex with a white classmate who was just three months shy of 16 years old at
the time they had sex. Although a jury acquitted Marcus of rape and three
other counts of violent acts, the prosecutor also charged him with "aggravated
child molestation." Consensual sex with a virgin fits into the technical
reading of this Georgia 
statute.
The statute has never been applied to consensual sex between two teenagers
with less than three years age difference, until now. I believe the result
is a horrible injustice, especially because Marcus overcame a troubled childhood
to excel in academics and athletics. What follows are the general details.
In February 2003, Marcus Dixon, was a senior in high school. Marcus is not
your typical senior. He had a 3.96 grade point average, a 1200 on his SATs,
and was all state in football. He was offered scholarships to every major
school in the South but chose Vanderbilt University because he felt they were
the best academically. In essence, this alone, made Marcus a star. Think about
it, how many all-State football players carry a 3.96 grade point average?
How many high school kids at all have a 3.96 and a 1200 on their SATs? Statistically
speaking, not many. This alone set Marcus apart from the other seniors in
his class.
But there is more.
Marcus was born in Rome, Georgia a rural town about 70 miles outside of Atlanta
that still carries much of the prejudices and complications of the deep South.
Marcus' biological mother is a drug addicted career criminal who has been
in and out of prison since Marcus was a baby. His biological father never
had anything to do with him. Most kids born into this situation have little
or no chance of succeeding. Yet Marcus defied the odds. When Marcus was ten
years old, a local white family became his legal guardians. Why is this relevant?
In a town where many still believe 
that
blacks and whites should not mix, this family took Marcus in and raised him
as their own.
Again, most children born into Marcus' situation barely survive. Marcus is
the exception. Beyond all the odds and probabilities he is a star. So what
happened? How did this star come crashing down?
It started in February 2003. Marcus had sex with a girl just shy of sixteen.
She was a virgin. She is also white. Two days later, she accused Marcus of
rape. Some speculate she made the accusation because she was afraid of her
admittedly racist father. Regardless of the reasons, a jury of nine white
jurors and three African Americans took only 15-20 minutes to determine, after
hearing all the evidence, that Marcus did nothing wrong. The jury decided
that the incident was no more than two teenagers having consensual sex. Based
on the girl's own testimony, it is amazing they ever brought charges against
Marcus. And yet, in the rural town of Rome, Georgia, where there is still
some KKK rumblings, 9 white and 3 African American jurors found her story
to have absolutely no basis in fact. So why is Marcus in prison? How is it
possible that a high school boy who had consensual sex with a classmate is
in prison for ten years?
Marcus was indicted under six different statutes under Georgia law. Four of
the statutes include use of force. He was acquitted on all charges that included
force. The jury was very specific. It was not even close. It is not that they
had reasonable doubt...they had no doubt - the sex was 
consensual.
The girl was not there against her will.
The prosecutor, in what can only be perceived as an act of complete disregard
for the law, facts, and justice in general, included a charge of "aggravated
child molestation." Under Georgia law, if anyone (age of the perpetrator
is irrelevant - he could be 15) has sex with a minor (under 16) that results
in an "any injury," he is guilty of "child molestation."
The jury deliberated for hours on this charge. In the end, technically, this
situation fell under the purview of the statute as written. Marcus, admittedly
had sex with the girl, she was under 16 (by three months), and, again admittedly,
she was a virgin. It was the fact that she was a virgin that resulted in the
Guilty verdict. You see, she sustained an "injury" as a result of
intercourse. Technically, he is guilty.
The absurdity of charging a high school boy with child molestation for consensual
sex with a high school girl is beyond description. In essence, every girl
in Georgia that loses her virginity before 16 can charge the boy with aggravated
child molestation. By definition, he is guilty, even if he is younger than
the girl. Taken to further extremes, if a teenager gives another teen a hickey
(technically an "injury"), he or she is guilty of aggravated child
molestation the way this statute was drafted. Clearly, this was not the legislative
intent. In fact, no high school boy or girl has EVER been charged with child
molestation of a classmate less than three years his or her junior, until
Marcus. Never. In the history of Georgia, Marcus is the only one in prison
for consensual sex with a girl less than three years younger.
While the jury found him guilty, they had no idea of the consequences. They
assumed Marcus would be released immediately. In the jurors own words, the
look of horror across their faces when the judge sentenced Marcus to ten years
minimum could be seen by everyone. They never knew the consequences. They
could not fathom that a boy could go to jail for consensual sex, and certainly
not
for 10 years with no possibility of parole. And yet he has.
Why the prosecutor charged him under a statute that was clearly designed to
apply to adult sexual predators of minors is beyond understanding. How the
judge could allow the charge to stand is unconscionable. What their motives
or rationalizations, one can only speculate. This is the kind of injustice
that we Americans like to think is reserved for third world countries.
So what can you do to help?
At a minimum,
1) Sign the petition.
2) Forward this website to everyone you know.
3) Go to the website http://www.helpmarcus.com
and read more.
4) Write to Marcus so that he knows there are people out there who care.
If inspired,
1) There is a fund set up for the family. They are seriously in debt from
the original legal costs of Marcus defense and upkeep of the costs of Marcus'
incarceration. Click here for donation address.
2) Contact us directly if you are interested in helping.
There are moments in life where the injustice is just too great for people
of conscience to sit idly by. We believe this is one of those situations.
We are committed. We hope you join us.
http://www.helpMarcus.com | Sign The
Petition | Join the Marcus Dixon Yahoo Group | Contact
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