Newspaper Page Text
May 6, 2004
12A
Court: Sentence violated law’s intent
Continued from page 1A
and unusual. The court
only said Dixon shouldn
have been tried for aggra
vated child molestation
because the statutory rape
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law would be more rele
vant.
“It would be entirely
incongruous with the
intent of the Legislature ...
if the State retained the
discretion to prosecute the
exact same conduct as
either misdemeanor statu
tory rape or felony child
molestation,” wrote Chief
Justice Norman Fletcher.
AUGUSTA FOCUS
The dissenting justices
said there is no conflict
between the two laws.
“Clearly, when, as here,
the sexual act involves
injury to the victim, the
General Assembly intend
ed that the aggravated
child molestation statute
apply,” wrote Justice Harris
Hines.
If Dixon had been con
victed solely of statutory
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rape, he would have faced
no more than one year in
jail and a SI,OOO fine.
Dixon said he had expected
community service or pro
bation.
Last year, Dixon was a
star football player at Pep
perell High School in
Rome with a 3.96-grade
point average and a schol
arship to attend Vanderbilt
University in Nashville.
His scholarship was
revoked after his arrest in
February 2003.
Dixon was enrolled in a
home-economics class with
the girl. He said he
arranged to visit her in a
trailer containing class
rooms, where she was
working as a student custo-
Law: making felons
Continued from page 1A
(reversal) really suggests that
we need to re-look at the
entire juvenile justice sys
tem in the state. We need
to start debating other
issues dealing with juve
nile justice.”
Dixon, 18, was freed on
Monday, May 3 following
15 months in prison. He
was convicted on not
only aggravated child
molestation, a felony, but
also statutory rape which
is a misdemeanor. Dixon
never appealed the statu
tory rape charge. It car
ries a one year sentence
while aggravated child
molestation carried a
mandatory 10 years.
In stating the majority
opinion pertaining to the
two charges, Chief Justice
Fletcher wrote, “Due to
the conflicting nature of
the two statutes with
respect to their prescribed
punishments, the rule of
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dian. She told school coun
selors about the incident,
and they contacted police.
“Very few people in
Floyd County who are
minorities believe the pros
ecutors would have
charged Marcus Dixon if
he were white or if the
young girl had been black,”
said state Rep. Tyrone
Brooks, D-Atlanta, who
has said the Legislature cre
ated the aggravated child
molestation law in 1996 to
protect young children
from predators, not police
sex between teens.
Telephone calls to the
Floyd County district
attorney and Dixon’s attor
neys were not immediately
returned.
lenity requires that Dixon
only be sentenced for the
misdemeanor, ... The rule
derives from the ‘instinc
tive distaste against men
languishing in prison
unless the lawmaker has
clearly said that they
should.””
The opinion does not
come as a surprise to
Allen.
“We were making a lot
of people criminals.
Things have changed.
Teens do get inVolved in
sexual relationships,” said
Allen. .
Meanwhile, in a dis
senting opinion Justice
Harris Hines stated that
the majority opinion
ignored the alleged vic
tim’s injuries which he
said met the legal require
ment of aggravated
assault. The girl report
edly suffered from bruis
ing around the wrist and
vaginal tears.