In In re J. M., 276 Ga. 88 (575 SE2d 441) (2003) the Supreme Court of Georgia reversed an adjudication of delinquency for an alleged violation of the fornication statute, OCGA 16-6-18, because the statute infringed on the juvenile's state constitutional right of privacy. The Court noted however, "critical to the Court's decision was the fact that the juvenile and his girlfriend were both 16 years old at the time they had sexual intercourse, and thus were both at the age at which they could legally consent to sexual intercourse." In the Interest of L. A. N., 276 Ga. App. 477, 478 (1) (623 SE2d 682) (2005). The Court rejected Engle's contention that the 13-year-old victim in this case was at the age where she could legally consent to sexual conduct, this enumeration is also without merit. See id.