Did the Devil Go Down to Georgia?

Another day, another incomplete report of an "incest" criminal charge. (See another one here.) This one comes from the state of Mississippi. Therese Apel and Sarah Fowler report at clarionledger.com about a Georgia man. Despite two reporters being involved, they still apparently didn't get enough information from law enforcement. Again, his name and picture are prominently featured even though it isn't clear whether he was involved in a very serious crime (assault) or being charged in a victimless "crime."

A Fayetteville, Georgia man has been charged by Mississippi authorities with "adultery and fornication between certain persons forbidden to intermarry."

According to a release from Starkville Police Department, Dan Dewayne Newcomb, 69, was arrested on Tuesday on that charge, which state statute 97-29-5 classifies as "persons being within the degrees within which marriages are prohibited by law to be incestuous and void, or persons who are prohibited from marrying by reason of blood and between whom marriage is declared to be unlawful and void."

Dear Mississippi: People don't need to be married to each other to have sex.

Starkville detective Stephanie Perkins said the incident, which allegedly occurred in 2013 and was just reported, is still under investigation. She said there could be more charges in the future.

If this was an assault, charge him with that. If this was a consensual romp, leave him alone. If this was cheating, that's not a good thing but shouldn't be criminal.

Newcomb is in the Oktibbeha County Jail where he is awaiting an initial court appearance in municipal court.

The charge can carry up to 10 years in prison.

Ten years is not enough if it was assault. He shouldn't even be in jail of this was sex.

Carl Smith had a report at cdispatch.com that shed no more light on what actually happened, other than location and who reported it...

A complaint filed by a person listed as a family member alleges the incident occurred on Aug. 10, 2013, at 982 Highway 12.

That's a hotel.

Lest you think it has to be assault because it must of been the other person who went to police, that isn't necessarily true. There have been many cases of others, including family members, ratting out consenting adults for being lovers.

So, we still have no idea if this was allegedly sex between adults or an assault. I would think the initial charge would be assault if that was the allegation, but we can't be sure.

Cleaning Up the Law Books

Here’s an article about silly or outdated laws still cluttering law books. Mississippi has laws against teaching someone about polygamy, cohabitation outside of marriage, having children outside of marriage, and “seducing a woman by promising matrimony carries a sentence of up to five years in jail, providing she was ‘of previous chaste character.’”

“The law is a fundamentally conservative thing, typically not very progressive, and it seeks to embrace and protect the social status quo,” said Matt Steffe, a professor at Mississippi College’s law school. “As such, laws provide a snapshot of what was important to society at the time they were enacted. We think they are silly, but they were certainly serious to the people who enacted them. We can’t predict what may look silly to people 100 years from now.”

Steffe and others at MC’s law school are working on a project to modernize the state’s criminal code. He said his group will identify antiquated laws or wording, then bring it before the Legislature “as one global package” recommending changes.

Repeal all laws banning marriages, cohabitation, or sex between consenting adults.

I suggest a state-level variation of the Marriage Equality Amendment:

The right to marry or to personal consortium shall not be abridged or denied in this state on account of sex, gender, sexual orientation, ancestry, consanguinity, or number of participants.