Posted on 12/21/2006 8:00:39 PM PST by ellery
ATLANTA (AP) — The Georgia Supreme Court has turned down an appeal from a teen who was sentenced to 10 years in prison for having sex with a 15-year-old.
In a ruling released Friday, the court denied a motion for reconsideration filed by lawyers for Genarlow Wilson, who was 17 when he and the 15-year-old engaged in consensual oral sex. He was sentenced for aggravated child molestation.
Wilson’s case was one of two cases that were cited earlier this year when lawmakers passed a law that otherwise strengthened penalties for sex offenders, but reduced the penalty from a felony to a misdemeanor for some teenagers convicted of sodomy. Presiding Justice Carol Hunstein noted that in easing the penalties for teens, ‘‘the Legislature expressly chose not to allow the provisions of the new amendments to affect persons convicted under the previous version of the statute.’’
Hunstein added she was ‘‘very sympathetic to Wilson’s argument regarding the injustice of sentencing this promising young man with good grades and no criminal history to 10 years in prison without parole and a lifetime registration as a sexual offender because he engaged in consensual oral sex with a 15-year-old victim only two years his junior,’’ but said the court was bound the by limits set by the Legislature. ——— On the Net:
Insane.
Just damn.
They're practically the same age.
Absolutely insane.
for oral sex no less... pregnancy argument is not in play... the ruination of a young man's life to assuage the prurient interests of Georgia legislators. Hopefully the US supremes will find some basis for invalidating this injustice. If not maybe the governor will see the light.
That's the only bright spot in this case. It's refreshing to see judges who don't try to create law.
I feel terrible for the poor bugger- why is it that this kid gets 10 yrs, yet scumbags elsewhere get outpatient treatment and a lollipop? It seems like something so egregious should have parity at least.
I'm pretty familiar with the GA law (and the GA Supreme Court, which is EXTREMELY liberal). Just last year they struck down a similar case on something called the "Rule of Lenity" -- when the same act is chargeable as a felony and a misdemeanor, it must be sentenced as the misdemeanor.
This can't be the whole story. Stand by.
What's more, I get the scandal sheet (the Fulton Daily Report), and there was nothing about this at all this week. If this were true, the writers at the Daily Distort would have been all over it.
Something's up here.
This sucks.
Genarlow Wilson and a group of friends had the kind of bash no parent would want their teenager to attend. Crime scene investigators combing the room in a Days Inn in the small town of Douglasville, Ga., found evidence of drinking, as well as condoms and wrappers littered all over. Plus, there was a video camera.
* Related: Do Most Americans Engage in Pre-Marital Sex?
In a portion of a tape obtained by "Primetime," Wilson, then 17 and an honor student and star athlete who was homecoming king, is seen having intercourse with a 17-year-old girl, who was seen earlier on the bathroom floor. During the sex act, she appears to be sleepy or intoxicated but never asks Wilson to stop. Later on in the tape, she is seen being pulled off the bed.
Other portions of the tape show a second girl, who was 15 and later said she did not drink that night. She was recorded having oral sex with several boys in succession, including Wilson.
The following morning, Wilson got a phone call that would change his life. He learned from a friend that the 17-year-old had gone to the police to report that she'd been raped.
"I was, like, 'What? When was this happening? Did this happen at the same party I was at?'" Wilson said. "It was shocking to me."
As far as I remember, according to Bubba, oral sex isn't really sex...
Well, the court upheld the law, and did the right thing in that regard instead of legislating from the bench. The governor should pardon him and get his record expunged, and the legislature should get rid of whatever dumb-ass law that makes getting blown by a girl two years junior to oneself punishable by 10 years in prison.
Forcible rape is not a capital felony any more, but it's still a felony. And drugging a girl or giving her alcohol until she is unable to resist is forcible rape.
I think when the whole story comes out, there will be multiple convictions (including forcible rape and possibly kidnapping), and the story just focusses on one enumeration of error where they tried to get the child molestation conviction thrown out.
I'm not familiar with the statute in question, but it probably provides for an enhanced sentence when the child molestation is committed in the course of another felony (like kidnapping, rape, etc.)
Well, I found this article: http://abcnews.go.com/Primetime/LegalCenter/story?id=1693362&page=1
The "something" might be this:
In a portion of a tape obtained by "Primetime," Wilson, then 17 and an honor student and star athlete who was homecoming king, is seen having intercourse with a 17-year-old girl, who was seen earlier on the bathroom floor. During the sex act, she appears to be sleepy or intoxicated but never asks Wilson to stop. Later on in the tape, she is seen being pulled off the bed.
Looks like they might really be punishing him for this act, but the one with the 15 year old was easier to prove. That's not right -- if they want to punish him for this act, he should have been tried for it -- but that might be what's going on...
Pray the governor pardons.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.