Genarlow Wilson, a now 21-year old African American man who was sentenced to 10 years in prison for aggravated child molestation for having oral sex at age 17 with a 15-year old girl at a 2003 New Year's Eve party has been freed by the Georgia Supreme Court which ruled in a 4-3 decision released Friday October 26th his sentence violated the U.S. Constitution's 8th Amendment prohibition of Cruel and Unusual Punishments.Wilson, who was a star athlete (homecoming king) and college-bound senior with a GPA of 3.2 at the time of the videotaped incident had served nearly 3 years (32 months!) of his 10-year sentence and recently refused plea deals by the district attorney because they would have forced him to register as sex offender and prevented him from living at home with his 9-year old sister.
According to Georgia Law at the time of the 2005 jury trial and conviction, a 15-year old was below the age of consent of 16 and thus could not legally have consented to sexual relations with anyone. In response to the hue and cry over the Genarlow Wilson case, the Georgia Legislature in 2006 had included a "Romeo and Juliet" provision in the law which would prevent teenagers from being charged for having consensual sex with each other and changed the statute he was convicted under to a misdemeanor. However that new law could not be applied retroactively to Wilson so he would have to wait for either the courts or the District Attorney or Attorney General to act. Both legal officials acted to prolong Wilson's time in jail. The Attorney General of Georgia is Thurbert Baker, the highest African American elected official in the State.
Wilson said he felt no "negative energy" towards Douglas County District Attorney David McDade but instead is looking forward to going to college in majoring in sociology because he feels like he has been "living his major."
1 comment:
I think it's awesome that the government realized that it was wrong for punishing him for consensual sex with a minor. I think that this ruling should be enforced for any situation where the sex is consensual and the age difference isn't too much. A 30-year-old man shouldn't be allowed to have sex with a 16-year-old, but I should be allowed to have a relationship with my girlfriend (she's seventeen and I am eighteen.) Her parents should not be able to take me to court if I touch her. I think it's good that the original ruling was overturned and that the government got it right on this one.
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