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Georgia's Supreme on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager, the Associated Press reported.The court called Genarlow Wilson's 10-year sentence cruel and unusual punishment for his conviction of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.
Wilson was acquitted of raping another 17-year-old girl at the party.
The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.
Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."
Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."
The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."
Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.
They said Wilson's sentence could not be cruel and unusual because the state Legislature decided that Wilson could not benefit from subsequent laws reducing the severity of the crime from a felony to a misdemeanor.
They called the decision an "unprecedented disregard for the General Assembly's constitutional authority."
A spokeswoman for Wilson's lawyer said his legal team received no advance notice of the decision.
Comments: (40)
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By: Martin on 10/30/2007 7:07PM
All I can say, it is past time for this young man to be freed. Hopefully, he and his family can put this whole ordeal behind him and lead a prosperous and productive life. May all the other young, black youth learn from the pain that this young man endured and the everlasting effects of this horrible conviction. I am sure that he is much stronger and wiser and has learned from his past experiences. GOD BLESS!!!
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By: debra on 10/29/2007 10:08PM
Yes the girl was white, that's why he went to jail!
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By: debra on 10/29/2007 10:11PM
I just hope he has learned a lesson and will share it with other Black Males. Stay away from White girls.
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By: G REDD on 10/30/2007 3:46AM
I THINK THE D.A.MUST BE ON CRACK. IT IS TOTALLY
BIZZARE TO THINK THAT A TEN YEAR SENTENCE AND,A
FELONY CONVICTIONED IS WARRANTED IN THIS CASE. I
KNOW OF CASES WHERE PEOPLE WERE TRIED FOR MURDER
AND GOT LESS TIME THAN THAT. A FIRST TIME FELON,
IS THIS GUY LIVING IN THIS CENTURY, AND AREN'T OUR
LAWS SUPPOSED TO BE MORE UNDERSTANDING WHEN IT COMES TO JUVENILES,WHAT DID THEY DO TRY HIM AS AN
ADULT. BROTHERS AND SISTERS STAY OUT OF THE JUDICIAL SYSTEM, ESPECIALLY IN THE SOUTH, THEY STILL WANT TO HANG US ONE WAY OR ANOTHER. P.S.
HE DID NOT TAKE THE VIDEO OF THE SEX ACT.SOMEONE
AT THE PARTY WAS TAKING PICTURES.
BE WELL AND "GOD" BLESS YOU. "G"
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By: G REDD on 10/30/2007 3:38AM
THE YOUNG LADY THAT HE WAS CONVICTED OF ENGAGING IN
ORAL SEX WITH WAS BLACK.I DID NOT FIND ANY MENTION
OF RACE AS FAR AS THE 17 YR. OLD THAT HE WAS AQUITTED OF HAVING INTERCOURSE WITH WAS CONCERNED.
IF YOU KNOW WIRE A BROTHER UP BUT IF YOU DON'T KNOW
DON'T BLOG IT.READ SOME OF THE ATTACHED ARTICLES
GATHER YOUR FACTS AND THEN YOU CAN GIVE AN INFORMED
OPPINION. BE WELL AND "GOD" BLESS YOU! "G"
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By: rhondanedd@aol.com on 10/30/2007 1:10PM
not only was this young man only 17, there was no intercousre only her giving him h@@d, what kind of mess is that to serve 10 yrs for? GOD is good
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By: Glenda Breen on 10/31/2007 9:39PM
This is happening all across the country. While schools are wanting to give away condoms, and birth control to 11 year old girls without their parents knowledge or permission, and refusing to teach abstinence I might add. They are not I repeat NOT telling the boys that if they have consensual sex let's say 14 year old boy and 14 year old girl that the boy can and will be prosrcuted for a sex offense. What this means is that the boy will not only face legal consequences but will be on a sex offender list for a minimum of 25 years. What does that mean? Well for starters it means they can't live within so many feet of a school, Church, or live in any kind of public housing. It means when they go off to college they have to register with the school as a sex offender. It means that they will not be able to find work, they will not be able to pass background checks.Even if it is a state where Juvenilles don't show up on the public offender list they do show up on the police list and are targeted. They must register in most places 4 times a year and if they don't the police show up at their door and make sure everyone in the neighborhood or apartment complex know why they are there. This is called the Romeo and Juliet law. It is not racial all races are affected but it causes shame and no one wants to talk about it. The tape shows the 15 year old girl in this case initiated the oral sex but that didn't matter. There were other young men there and were charged but they took a plea. This young man stood on his principles and refused to do that, they walked after a short stay in jail he got 10 years no parole. This is why everyone should be outraged about the schools and their method of sex education and protection. My question is if the 11 year old girls are sexually active who are they having sex with? They are giving them open permission to have sex protecting them from pregnancy, giving the condoms to protect against disease and the boys and their families don't find out till it is too late that it is illegal for the boy; even if the girl initiates it or is just as much a player in the act until their son is being charged with a sex crime. Kudos to this young man he stood for what was right and thought as many do this day that Justice would prevail.....sorry folks that is not what happens these days. So people tell every Mama who has a Son to warn him, and demand that your childs school educate the boys in regard to this law! Please listen don't let your boy become a victim!No I am the Mother of 3 girls no boys but I know first hand about this law and am outraged.
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By: Glenda Breen on 10/31/2007 10:11PM
This is my second comment tonight. I am not black I am white, I know that this happens to white boys all the time. I knew about this young man when most blacks did not and prayed for him and talked about what was happening to him. I applaud him that he did not cop a plea had he done that you would never have known about this case. I respect him for that! The reason we should not look at this as racially motivated is that as long as we fall into that trap it divides us, our voices will ring louder when they are in unison. Those Duke boys had money and it cost their families plenty, but look at who the prosecuter was he was white too! He knew what he was doing it was plain power that made him go ahead with this and he almost got away with it. I am warning you please listen to me this is happening all over this country and knows no color. Whites don't talk about it because they haven't caught on to the fact that there are things happening in our courts that just don't make sense, and The police aren't always telling the truth. It does not matter really if you believe me or not but heed this warning tell your Sons about it warn them tell them over and over again. While this young man got out of jail he will still be on an offender list his sentence is not over it never will be. I Pray for him and his family, Let's join together and pray that he will be able to get the word out in the public about this. God Bless you all.
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By: Raphael Rivera on 11/14/2007 12:19PM
This is soo a race thing.My son right now in the state of Massachusetts is going through the same thing, sex with a White girl "Oh if you didnt figure it out we are Hispanic" also Football star and Baseball star,plenty of College's looking at him and pro teams even,Division 1 and 2 material.Our lives are ruinend because a white girl wanted the mocha flavor.He is expelled from school and cant go anywhere near the school or school funtions.Here's the kicker the school officer"WHITE" came to my house,cause my son was home sick and told him if he can talk to him at the Precent that he had a few questions to ask him,told my wife who was home for lunch to check on him also 17,"that he will bring him back he promised".the girl in question also 15 did i mention she was WHITE said my son rape her,now this is an officer who say's "HE LOVE'S MY SON LIKE HE WAS HIS OWN" befriended my son by taking advantage of his trust.PUP if he love's his own kids this way i'd hate to be one of his kid's.But one of the things i've learn in the 40 years that i've been alive is that white people will shack your hand with one hand and stab your in the back with the other,they're even willing to sell their own own family out to get a pramotion,raise,advancement.This officer is gunho about getting my son charged with these charges they've even open a discussion in school in school about it now all the girls "WHITE"
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By: Raphael Rivera on 11/14/2007 12:22PM
Sorry i got cut off,know all the girls "WHITE" that had sex with my son are accusing him of so call "Rape".Yeah their all "WHITE".we moved out a city that was taking advantage of it's great minority athletes and not caring about their education, in hope's of making care of his education,pretty much put him a "white" dominate school and this is the price we are paying.your damnd if you do and your damnd if you dont.we bail him out 5000 dollars and they were angry that we could afford to get him out of jail during the trial is on going,so the School officer "WHITE" oh! he is also friends with the victims family even brought the alleged girl to court in his vehicle,got upset and had the girl say they fear for their safty and safety of the community so know my son is under house arrest."PUP" i'm happy he is home but know he cant even go nowhere unless he tell them ahead of time where he is going.My family is in a emotional rollercoaster,i love my son more than anything in this world and i find myself crying in the craziest time's when i think of losing my son to jail,i work there i see how the "WHITE" officer's treat them.
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