The Daily Citizen, Dalton, GA

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November 4, 2009

Consent not possible in this case

To the editor:

In your paper recently, in the article by Mark Millican titled “Man Accused of child sex crimes,” Major John Gibson of the Sheriff's office is quoted as saying "Although it was consensual, he knew her age and what he was doing" in reference to the arrest of a local man on aggravated sexual battery and child molestion charges.

Major Gibson, as a law enforcement officer, should know that the age of consent in the state of Georgia is 16. A 12-year-old cannot consent to a sexual act with an adult. While this young girl is reported to have "initiated the episode" it is extremely important that we all understand that she is a child. She cannot initiate a sexual act or consent to one. She may behave in a sexualized manner, but it is the adult who interprets her behavior, the adult who acts on it, and the adult who is clearly in the wrong if preys upon her. Regardless of her actions, it is the responsibility of all the adults in her life to protect her.

I would hope that the Sheriff's office would be diligent about insuring that its communication with the public clearly articulates this, and that the paper's reporters will hold them responsible for such. To imply that a 12-year-old could consent to something is not only ignorant of the law but also irresponsible.



Tammy Rice-Rodriguez, LCSW

Dalton



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