The Georgia Supreme Court has freed Genarlow Wilson, the teen sentenced to 10 years in prison for a consensual oral sex encounter with another teenager. The Court ruled 4-3 that his sentence was cruel and unusual punishment.
After being sentenced in 2005 at age 17 for having oral sex with a consenting 15-year-old girl, Wilson has served two years in prison. The highly controversial case revolved around an Atlanta area New Year's Eve party where the consensual sex act took place. Both the girl and her family have rallied around Wilson.
In its 48-page opinion, Georgia's Supreme Court court held that that Wilson's "severe" punishment and his mandated sex offender registration make "no measurable contribution to acceptable goals of punishment."
The decision upheld the finding of the Monroe County Appeals Court -- a finding that was appealed by the County Prosecutor's Office, a decision that angered and baffled many.


Comments: 29
Now non- consensual sex deserves severe punishment, particularly if a minor is involved!
I am glad this young man is free but sorry for his loss of youth and innoncence not to mention two years of his lie. That can never be returned!
That's just stupid. I understand that they've since changed the law, but that they wouldn't make it retroactive to let him out of prison, and that it's still a crime (a misdemeanor) for teens to have consensual sex (including oral). That's totally freaking lame!
Any chance all the "what part of illegal do you not understand" folks in Georgia and other states with these sorts of stupid laws are turning themselves in if they ever went past second base before they turned 18? Bet not. *wink*
Consensual sex shouldn't be a crime.
He was found guilty of violating the 1995 Child Protection Act. It's not like 1995 was the Dark Ages or anything.
But you're right about it being too bad that he had to serve time in the first place. Even after they changed the law, he still could've been sentenced to a year in prison.
Nah, 1995 wasn't the dark ages, but then again it was 12 years ago.
" Even after they changed the law "
So if the law wasn't outdated, then why did they change it?
Just wondering...when I actually agree with you on a subject, why to you still insist on arguring with me and try to prove me wrong?
And also, the average middle class working American doesn't have access to the information that you do, nor the time to do the research that you do. The only people who have time to do that kind of research as well as having access to that kind of information would be people who's job is to do such..that would include lawyers, journalists, polititians or lobyists ect. Also, considering that you live in Australia, the times that you post lead people to believe that you are doing your job by commenting here on Gather, otherwise you are cheating your employer by playing on the internet while you are supposed to be working. So which of those catagories do you fall under?
And he was convicted 4 years ago, which meant the law was 8 years old at the time. Hardly an outdated law that was still on the books.
"So if the law wasn't outdated, then why did they change it?"
Probably because it was a stupid law.
"Just wondering...when I actually agree with you on a subject, why to you still insist on arguring with me and try to prove me wrong?"
I'm not arguing with you or trying to prove you wrong. I thought your statement about it being an outdated law still on the books made it sound like an old, forgotten law (like it being illegal to wear a top hat on a streetcar before 5 pm on a Thursday or something) and I happened to know that wasn't the case, so I posted it so people reading and participating in this discussion didn't get the wrong idea.
"And also, the average middle class working American doesn't have access to the information that you do, nor the time to do the research that you do."
Most of my "research" involves using Google and takes a few minutes at most. Occasionally, my "research" involves using the public library. I also have access to several university libraries, although I don't think I've used them for any "research" specifically related to any Gather articles or discussions I've been involved in. Most average, middle class working Americans (like myself) have access to all of those information sources.
"The only people who have time to do that kind of research as well as having access to that kind of information would be people who's job is to do such..that would include lawyers, journalists, polititians or lobyists ect. Also, considering that you live in Australia, the times that you post lead people to believe that you are doing your job by commenting here on Gather, otherwise you are cheating your employer by playing on the internet while you are supposed to be working. So which of those catagories do you fall under?"
None of them, Tim. I don't get paid to post here on Gather (other than with Gather Points just like you and everybody else), and I don't play on the Internet when I'm supposed to be working.
I think you're whole premise is wrong, Tim. Lots of average, middle class working Americans know how to do a little research and check the facts before they post here at Gather. Not just lawyers, journalists, or lobbyists. Often it's not difficult, or time-consuming. Just a quick search using Google, Yahoo, or another search engine, a few clicks, and a few minutes of reading. How easy is that?
You think maybe some of the good people of the state Georgia thought a 10-year prison sentence might have to do now that the godless liberals make such a fuss when they use the Hanging Tree?
I'd like to think that things aren't like that any more. I'd like to think that the jury considered the facts of the case, and brought a guilty verdict because Genarlow Wilson had broken the letter, if not the spirit, of the law as it was then written, and the jury thought they were doing the right thing. Apparently the forewoman was crying as she announced the jury's verdict, even though at that point they didn't know about the mandatory 10-year minimum sentence.
I'd like to think there was no racism involved when the Georgia state legislature decided to change the law (because it was stupid), but not to make it retroactive so that Genarlow Wilson would be allowed out of prison. If there were other reasons for making that decision, I'd love to hear them.
But it gets harder to believe that race didn't play a part when the Georgia Supreme Court got involved. I guess maybe it was just a coincidence that the first time Genarlow's case came before them, the four white judges voted against him, and the three black judges voted in his favor.
But if race did play a role in the case of Genarlow Wilson and his buddies, I think there was a lot more to it than just race. Stupid laws, mandatory sentences, an imperfect justice system, the politics of prosecution, etc. In the end, I'm glad that all those things were overcome, and that Genarlow is out of prison. I hope what happened to him doesn't screw up the rest of his life.
I found a great article about Genarlow's case at ESPN.com written before the Georgia Supreme Court stepped up and did the right thing.
The age of consent in Georgia is 16, so I think the young man was considered an adult molesting a child without the Romeo and Juliet clause.
There was more wrong with the law: the "child molestation" was apparently "aggravated" because they had "non-reproductive sex". If it had been regualar intercourse, it would have been a misdemeanor only under the old law too (though perhaps using contraception should make it aggravated then? The mind boggles.)
ALL sex should be a crime! Nasty, dirty, shameful and icky! NOBODY should ever "do it"! Especially young people, with all that juicy tumescent throbbing and heaving and moaning... Disgusting!
The second was that a person ought to save it for marriage.