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Powell (D) was charged with rape and aggravated sodomy of his wife’s 17-year-old niece. The niece testified that D had sex with her against her will and engaged in cunnilingus without her consent and against her will. D admitted he performed the acts with consent. The trial court included in the jury charge instructions on the law of sodomy. D was acquitted of rape and aggravated sodomy but found guilty of sodomy. D appealed; the statute criminalizing acts of sodomy committed by adults without force and in private is unconstitutional and violates the right to privacy.

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