I just read about this somewhere else. He said that it should stand because it allowed them to prosecute a 47-year-old for having sex with a 17-year old.
My immediate reaction was "Why can't you just prosecute him under age of consent laws???"
Likely because the sodomy law was a felony (I think)... whereas the age of consent law in that case would only be a misdemeanor:
Virginia
The age of consent in Virginia is 18, with a close in age exception that allows teenagers aged 15 to 17 to engage in sexual acts but only with a partner younger than 18.
Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15-, 16- and 17-year-olds.
Section 18.2-63 states in part:
"If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of ... felony ... For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration."
Consensual sex where one partner is 15, 16 or 17 and the other is over 18 is a class 1 misdemeanor.
http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#Virginia
Thanks for the explanation.
You said it.
Poll
