ACLU explains support for child sex acquittal - NBC12.com - Richmond, VA News

A Prince George man, convicted for asking a young girl for oral sex in 2005, was acquitted Tuesday by the U.S. Fourth Circuit Court of Appeals.

William Scott MacDonald was convicted eight years ago for demanding oral sex from a 17-year-old girl. He was charged under § 18.2-361, which prohibits oral and anal sex between an adult and child or two adults.

The U.S. Supreme Court deemed this law unconstitutional in 2003 because it includes oral sex between two consenting adults, a privacy rights violation.

The American Civil Liberties Union in Richmond supported MacDonald's appeal. Executive Director Clare Gastanaga said the group supported MacDonald because in the judicial system, a prosecutor can't pick and choose what part of the law to prosecute.

"We want married couples to go home knowing they can engage in consensual sex of any kind without being prosecuted," said Gastanaga.

But what about teenagers who engage in consensual oral sex with adults, like what happened with MacDonald? Gastanaga said repealing this law doesn't give sexual predators free reign.

"There are plenty of laws left. What we've said is that you can't use the unconstitutional one."

MacDonald's fight might not be over. There is one more appellate level and that's the State Supreme Court.

The ACLU said their next step is getting the General Assembly to remove the law from the books completely.

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