https://nj1015.com/nj-child-predator-wh ... ns-appeal/
A convicted sex offender who argued that pedophiles are victims of discrimination and that laws against sexual contact with children violate his rights has been granted an appeal.
The legal victory this month was not based on what the court called the defendant’s “unusual” strategy of promoting pedophilia but on the constitutional right to a speedy trial.
The now-31-year-old Gary Wolchesky was first arrested in 2009 but it took seven years before his trial started.
In a 44-page decision released Jan. 28, a three-judge appellate panel said that part of this delay was the fault of Wolchesky, who insisted on representing himself. But part of the delay also was the result of the investigation and new charges that were later added on.
Wolchesky argued that “pedophiles are a persecuted minority and that the New Jersey Code of Criminal Justice wrongfully makes this conduct a crime,” the appellate decision summarized.
He also argued that what he did was not against the law because the boys consented to his requests.