He could've easily been tried as an adult. Just because you are legally a "teen" doesn't make much difference.
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Justice Denied
(From the Times of London, so no domestic agenda...)
>> Genarlow Wilson was 17 years old, a bright, black student heading for college, when he was videoed at a New Year?s Eve party receiving consensual oral sex from a girl of 15. Since then he has served more than two years in prison, part of a mandatory minimum ten-year sentence for an act which under Georgia state law at the time was regarded as ?aggravated child molestation?.
Today a judge is expected to rule on the latest effort to quash the sentence. Supporters point out that if Wilson had had sexual intercourse with the girl, he would have fallen under Georgia?s ?Romeo and Juliet? exception. Instead, the oral sex he engaged in four years ago fell into a legal loophole ? since closed ? designed to catch paedophile predators.
The case has been complicated by racial overtones in this part of the Deep South. The former president Jimmy Carter wrote to the state attorney-general last month complaining about the ?disproportionate nature? of Wilson?s sentence. ?The racial dimension of the case is likewise hard to ignore,? he said, citing evidence that ?white minor defendants in the same circumstances as Mr Wilson?s receive far lesser forms of punishment?.
The sentence has been denounced by the jury that convicted him, as well as the author of the 1995 legislation that put him behind bars."
Georgia lawmakers changed the law in 2006 to make consensual oral sex between teens a misdemeanor punishable by a maximum of one year behind bars. Offenders do not have to register as sex offenders, as Wilson will be required to do. But the state's top court ruled the 2006 change couldn't be applied retroactively to Wilson's case. An attempt earlier this year to pass a bill that would provide a remedy for Wilson has stalled.
Prosecutors in Atlanta have argued that subsequent changes in the law cannot be applied retrospectively. They had offered him a plea bargain that would have reduced his sentence but left him on the sex offenders register.
Wilson has rejected such an option, saying in a prison interview: ?When I see my name in the paper and I see aggravated child molestation, it?s kind of hard to cope with ? I want to see my record cleared so I can go to school, so I can have a good life.? <<
-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com
The opinions expressed above are my own,
and do not necessarily reflect those of CNET!
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After all, he received the mandatory 10 years in prison. I would be horrified if the mandatory sentence he received was the one specified for by the juvenile code.
I have been saddened by the blurring of "teen" and "adult" prosecution by headline seeking prosecutors who want to appear tuff on any form of crime. I am not saying that teen crime is any less horrid than adult crime... sometimes it is even more vicious. I am dismayed though, by the fact that if a young person is tried and sentenced as an adult, it automatically precludes any attempt at reformation or treatment.
My opinion about kids in trouble (not necessarily this case but over all)... Bottom line, young people in general are stupid animals who have yet to really develop into rational decision makers. This is one reason why I am strongly in favor of holding parents responsible for much of their children's actions. 75% of the kids I worked with in juvenile facilities were (in my estimation) there because of their parents failure to supervise or more often because of the example and influence the parents set for their kids. I never saw a kid who was born bad but I did see a lot of kids who were made bad.
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From the story:
A judge has ruled that Genarlow Wilson should be released from a 10-year prison sentence for having oral sex with a 15-year-old girl when he was 17...
The state is likely to appeal the ruling from Monroe County Superior Court Judge Thomas Wilson. Genarlow Wilson -- who has already served more than 27 months -- is expected to remain behind bars while that appeal proceeds...
Looks like he's still getting screwed for a while.
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Possibly literally, and WITHOUT consent. Sad irony, isn't it?
I wonder though, why the article felt the need to mention that the boy is black?
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as time goes by, and it's the same link. When I read it, he was released. Guess they are a little too quick on the draw.
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said he would appeal."
-- Dave K, Speakeasy Moderator
click here to email semods4@yahoo.com
The opinions expressed above are my own,
and do not necessarily reflect those of CNET!
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And although the state can appeal this ruling, it certainly seems like more would be lost in terms of money, reputation and respect if Georgia didn't do anything and everything in their power to let this one go.
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I somewhat doubt that race was a factor in the decision to appeal the ruling.
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Dave, the name of the state Attorney General is Thurbert E. Baker.
Here's a link to some information about him:
Link: http://www.vote-smart.org/bio.php?can_id=1746
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Appeal blocks release in teen sex case
Prosecutors filed a notice of appeal on Monday in the case of Genarlow Wilson, blocking him from being released from prison, his attorney B.J. Bernstein said.
Wilson is serving a 10-year prison sentence for a sexual encounter with a 15-year-old girl that occurred when he was 17.
Earlier in the day, a judge in Monroe County, Georgia, voided that sentence and said Wilson should be released.
More....
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