WASHINGTON - May 3 - The Children's Defense Fund (CDF) hailed today's decision by the Georgia Supreme Court to overturn Marcus Dixon's conviction and ten-year sentence for aggravated child molestation arising out of a sexual encounter with a high school classmate. In so doing, the court held that the Georgia legislature clearly intended for the behavior involved in this case to be punished as misdemeanor statutory rape only. One year is the maximum sentence for misdemeanor statutory rape under Georgia law - Dixon has already served more than one year during the course of this appeal.

"Today we join with Marcus Dixon's family, supporters, and advocates all across the nation who rejoice in the fact that justice has finally been served," said Marian Wright Edelman, President of CDF. "The Georgia Supreme Court has corrected a grave injustice by overturning Marcus' wrongful conviction under a felony statute which should never have been applied in this case. In so doing, they have restored the fundamental right of one young man to pursue his dream of a promising future."

The incident in question involved a sexual encounter between Dixon and a female classmate who was three months shy of her 16th birthday, thus a minor under Georgia law. Dixon was a scholar-athlete with a 3.6 grade point average and a full football scholarship to Vanderbilt University when a jury convicted him in May 2003 of misdemeanor statutory rape as well as felony aggravated child molestation. While the former charge carries a maximum one-year sentence, the latter carries a ten-year mandatory minimum sentence. The same jury simultaneously acquitted him of rape, aggravated assault, false imprisonment and sexual battery, leading many to question the jury's understanding of the felony charge, a fact that was later confirmed by the jury foreman and other jury members. Dixon's scholarship to Vanderbilt was subsequently revoked.

Following his conviction, Dixon filed an appeal with the Georgia Supreme Court, arguing that the Georgia legislature never intended for the behavior in this case to fall under the felony child molestation statute and further, that the ten-year mandatory sentence was cruel and unusual punishment under the U.S. Constitution. In January, CDF led a team of 14 child advocacy, juvenile justice and religious organizations in filing an amicus brief in support of overturning Dixon's conviction under the felony child molestation statute, arguing that the lesser of two penalties should have been applied in this case.

"Justice was delayed, but finally delivered in the case of Marcus Dixon," said Edelman. "But that should not blind us to the fact that for far too many young people - predominantly poor and minorities without the support or resources to fight - justice is often altogether denied."

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