Why were they arrested again?

[Rageaholic]

Bother and sister couple arrested for incest.

Um... why? They're consenting adults, it's not as if children were involved. Unless they were trespassing, I don't see why anyone would even care.

[KabeRinnaul]

I find incest laws questionable, and they seem overly broad when the usual stated purpose (beyond genetic issues and "it's gross") is to prevent abusive relationships (which most incestuous relationships are).

I also find sodomy laws absurd, because it's basically a law against doing sex wrong. Also, the fuck is aggravated sodomy about? I mean, apparently it's sodomy without consent, but then isn't that just rape?

On that point, I am kind of impressed that they were effectively charged with raping each other.

But the part that really confuses and frightens me is that this was brought about by a Nicholas Sparks film.

Imagine when he was put in the cell:

"Hey man, what you in for?"
"Well, I was watchin' The Notebook and I just got so horny I had to fuck my sister."

[Gravekeeper]

Well, first of all its Georgia. Sodomy in Georgia includes oral sex as well as anal sex. Yes, oral is illegal in Georgia. As for "aggravated" who knows, its Georgia. According to Georgia case law "force" in regards to aggravated sodomy means physical force or mental coercion ( though its suppose to specifically be threats, black mail, etc ). So unless the cops are trying to say the pair of them forcibly coerced each other into oral sex?

"Prowling" is Georgia's police's "All purpose excuse to arrest someone they don't like" law. Its definition is so broad and open to interpretation that they can arrest you with it for basically whatever they feel like. It essentially means you were hanging around a place long enough to make someone think you might be up to no good. Seriously, that's basically it.

Furthermore, these two.....lovebirds....confessed their illicit happy fuck time to the police. After humping in a church parking lot across from a school they were just walking home, got stopped by the police and within a minute or two just completely confessed they were siblings and had been fucking in a church parking lot after watching The Notebook.

So they're not exactly criminal masterminds either. >.>

[BlaqueKatt]

I also find sodomy laws absurd, because it's basically a law against doing sex wrong. Also, the fuck is aggravated sodomy about? I mean, apparently it's sodomy without consent, but then isn't that just rape?

well the feds just updated the definition of rape to include what used to be covered by sodomy, yes up until a few years back rape was defined as "the penetration of the female vagina by a male penis." that's it, everything else was sodomy or sexual assault. Some states haven't caught up yet.

[HYHYBT]

Well, first of all its Georgia. Sodomy in Georgia includes oral sex as well as anal sex. Yes, oral is illegal in Georgia.

Depends on what you mean. Sodomy laws were declared unconstitutional nationwide in 2003, and Georgia's a few years before that. "Aggravated," though, may be different.

[Kheldarson]

Georgia's sodomy law:

http://www.sodomy.org/laws/georgia/sodomy.html

[Gravekeeper]

Depends on what you mean. Sodomy laws were declared unconstitutional nationwide in 2003, and Georgia's a few years before that. "Aggravated," though, may be different.

Aggravated, as the name implies, involves the use of physical force or mental coercion.

As for being unconstitutional, that ruling did not remove said laws from the books. 13 states are still proud owners of said laws and still selectively enforce said laws. Usually to punish people they don't approve of ( such as homosexuals ). They can and will still arrest you for sodomy as a method of harassment. Because while the charge will eventually be dropped it still drags you through the mud publicly and burdens you with the arrest, court time, etc of fighting it.

Basically, they keep it on the books to show they still approve of icky things and gay people and use the laws to selectively discriminate against them. They're also used as a basis for discrimination in denying things such as adoption rights to gay couples or employment discrimination. Case in point they have been successfully used in Georgia as the based for "valid" employment discrimination against gay people. By the Attorney General.

So yeah, the ruling making them unconstitutional just made it so they wouldn't stick come court time. The police can and will still arrest you for it because its technically still on the books. Just to harass you.