Georgia Man Fights Conviction as Molester

[Kefka]

ATLANTA, Dec. 18 — Genarlow Wilson, 20, is serving a prison sentence that shocked his jury, elicited charges of racism from critics of the justice system and even acknowledgment by prosecutors and the State Legislature that it is unjust.

He was sentenced to 10 years in prison without parole for having consensual oral sex with a 15-year-old girl at a New Year’s Eve party, an offense that constituted aggravated child molesting, even though Mr. Wilson was 17.

With Mr. Wilson — a football player, honor student and the first homecoming king at Douglas County High School — nearing two years in prison, the Georgia Supreme Court declined last Friday to hear his appeal.


http://www.nytimes.com/2006/12/19/us/19georgia.html?ei=5087%0A&em=&en=e26f669d65b26811&ex=1166677200&pagewanted=print

[Latrinsorm]

This was inevitable. Stupid laws lead to stupid convictions.

What puzzles me about it is that the prosecutors allegedly consider it unjust... so why did they pursue it?

[Skeeter]

“We’ve got people that is in power that don’t have no emotions,” Ms. Bennett said. “They don’t sympathize.”

We's got peoples in da communitys jus' murderin' tha english language.

[zhelas]

After watching parts of the tape, the jury decided that Mr. Wilson had not raped the older girl. But it was bound by law to find him guilty of molesting the 15-year-old. Jurors said afterward they did not know that the charge carried a minimum sentence of 11 years, including 10 without parole.

I know I would have hated to have been on that jury. They say he is not guilty but the law forces them to make him guilty. Also it seems they were poorly informed, assuming the last sentence is accurate.


Disturbed by Mr. Wilson’s conviction, the Legislature changed the law in March to ensure that most sex between teenagers be treated as a misdemeanor. But the State Supreme Court said legislators had chosen not to make the law retroactive.

:wtf:

[TheEschaton]

That's a bump up to the Supreme Court.

If it wasn't statutory rape because there was no one over 18 involved, and the girl was 15....

I dunno, there needs to be some gray area, another category, between the ages of 13-18. You can't call them kids any more, and having consensual sex with them can't be considered the same as having sex with a 7 or 8 year old. It is still be wrong in many cases, but a 15 and a 17 year old. That blows.

-TheE-

[Skeeter]

I was a "young" senior, I dated an "old" freshman. thank god this was over 10 years ago, as I'd have been fookered now.

[Methais]

That's almost as stupid as the other case where some guy grabbed a girl's arm to tell her how stupid she was for running out in front of his car, and then got labeled a sex offender for it.

[Tisket]

...





But the State Supreme Court said legislators had chosen not to make the law retroactive.

:wtf:


The problem with that argument, legislators on the judicial committee said in interviews Monday, is that the State Constitution prohibits retroactive laws.

[Praefection]

When I was in high school I had a friend who was 17 when her boyfriend was 14 going on 15. I thought she was fucking crazy but she was in love... I guess she'd be a child molester too if his mom decided to push the issue.

[Apathy]

How old is 15 really?

[Back]

On-line petition for his release...

http://www.wilsonappeal.com/index.php

[Daniel]

So many people would be fucked. Seriously.

[Sean of the Thread]

So many people would be fucked. Seriously.

Does that estimate include underage girls?

[Sean]

Just a follow up on where this stands now:

http://www.mercurynews.com/news/ci_6113992

[Sean of the Thread]

Georgia sucks.

[Gan]

I'm glad this is getting a second look.

One of the inmates who I had working for me back in the day was convicted of statutory rape when he was caught in bed by the police with a 16 year old girl (consentually) after her father found out where they were and pulled a few strings to have some uniforms bust the party up.

There needs to be a cut off age (or age spread) where consentual (age limit being of sound mind and body, etc.) needs to weigh over the act. As it stands, this guy got screwed if it was indeed consentual.

[Skeeter]

nothing like losing 2 years of the prime of your life.

Even though he's out of jail his life is still fucked for all time.

[Sean of the Thread]

His butthole is prolly sore too.

[Khariz]

There's so many things about this story that the media isn't sharing, and so many things that are being inaccurately portrayed.

First of all (and this does not bear much on what kind of sentence this kid should have received) this kid is an IDIOT!



A group of teenagers rented adjacent rooms at a motel and held a raucous, unsupervised New Year's Eve party. Among the participants were 17-year-old Genarlow Wilson, 17-year-old L.M., and 15-year-old T.C. The next morning, L.M. reported to her mother that she had been raped. Police were notified, and the motel rooms were searched. During the search, a videocamera and videocassette tape were found. The tape showed Wilson having sexual intercourse with an apparently semiconscious L.M. and T.C. performing oral sex on Wilson.


631 S.E.2d 391, 392


So he was convicted primarily because he videotaped the whole thing, and the prosecutors showed the videotape to the Jury. Bravo, kid.

Then, he had shitty public defenders screw him over:



Wilson claims that this sentencing disparity violates equal protection. In transferring this appeal to us, however, our Supreme Court determined that Wilson's constitutional challenge was waived because it was first raised on motion for new trial and, therefore, not at the earliest opportunity.

. . .

Wilson claims that counsel was ineffective in failing to challenge the constitutionality of the statute.

. . .

In any event, because the Supreme Court's determination in the transfer order is final and binding, Wilson's constitutional challenge is untimely and thus waived.


631 S.E.2d 391, 393


The other big thing that the media keeps bringing up, and not explaining is the deal with Georgia later passing a law to fix situations just like the one that occured here, where if he just would have had SEXUAL INTERCOURSE with the girl, it would have been a misdemeanor (because GA law has an exception for consenual sex with a minor when the offender is within three years of age).

Zhelas quoted this: "But the State Supreme Court said legislators had chosen not to make the law retroactive. "

That's not exactly what happened. The SC of GA refused to apply the legislation "ex post facto". If you don't know what that means, look it up. True, the reasoning of the court was based on the legislature's failute to indicated that it COULD be applied ex post facto, but nonetheless, the court was trying to avoid the inherant constitutional problems with such enforcement.

[Alfster]

Am I the only one laughing at his lawyers name?

Wilson's lawyer, B.J. Bernstein, said she plans to apply for a bond to release him while the appeal is pending.

[Warriorbird]

I'm sure the rest of the Bar loves it too.

[Seran]

Considering the age of consent in that state is sixteen, and not only was there illegal drugs and alcohol, but the kid filmed it, he deserved every year he got.

Where he's lucky is that they tossed the rape conviction due to the tape showing it was consensual, if coerced.

[Sean of the Thread]

He doesn't deserve shit. It's truly ignorant to say otherwise. 17 vs 15.... give me a fucking break.

[Bobmuhthol]

Georgia's statutory rape law:

§ 16-6-3. Statutory rape


(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

[Stretch]

Still waiting for Al Sharpton to chime in on this one.

[Bobmuhthol]

After reading the article in full, coupled with research into the relevant laws, I can't really say that the Court did anything wrong here. It might suck for Genarlow, but he is responsible.

[Apathy]

Just because the Court followed its laws doesn't mean those laws are right. That's the point.

[Bobmuhthol]

I guess I should have added that I think the laws are, in fact, right in my post.

[Sean of the Thread]

The laws are in fact not right. In fact they are ridiculous and in need of an overhaul.

[Skeeter]

apparently the DA is planning to appeal the decision. Quite the dick move if you ask me.

[Khariz]

The laws are in fact not right. In fact they are ridiculous and in need of an overhaul.

Actually, the laws are right NOW. The real point is that they were not right *at the time* he was convicted, and the court would not apply the new law ex post facto.

Statutory rape isn't the applicable provision. He wasn't convicted on the one he had sex with, he was convicted on the one he had Oral Sex with. There used to be another provision which had 10 year mandatory sentences for this type of "sexual abuse" against minors. The loophole, if you will, was that they never took the age gap into consideration in that statute. They thought of it for the Statutory Rape one though.

After he was convicted, they went back and patched up the sex abuse one with the age provisions as well, but the court decided it would not be applied retroactively, and that it only applied to those convicted AFTER it was implemented.

[Trouble]

apparently the DA is planning to appeal the decision. Quite the dick move if you ask me.


I saw on the news this morning that he's still in jail. Apparently the DA and others are afraid that this case will set a legal precedent and a bunch of others who have been jailed for a similar 'crime' will try to get out using it.

[Gan]

ATLANTA, Georgia (CNN) -- Jubilation turned to anger Monday after Georgia's top prosecutor vowed he would fight a judge's order that would have set free Genarlow Wilson, a Georgia man serving a 10-year prison sentence for a consensual sexual encounter he had as a teenager.

Wilson's attorney, B.J. Bernstein, said her client would not accept a proposed plea bargain that would get him out of prison because it would require Wilson to plead guilty to a felony.

A judge ruled Monday that his conduct should have been punished as a misdemeanor.

"We're going to keep fighting," Bernstein told reporters at a news conference at the state Capitol. (Watch the day's twists send supporters on emotional roller coaster (http://javascript<b></b>:cnnVideo('play','/video/law/2007/06/11/tucker.genarlow.wilson.cnn','2009/06/10');) http://i.a.cnn.net/cnn/.element/img/1.5/main/icon_video.gif (http://javascript<b></b>:cnnVideo('play','/video/law/2007/06/11/tucker.genarlow.wilson.cnn','2009/06/10');))

She was flanked by civil rights leaders and black lawmakers, who expressed anger at the decision by Georgia Attorney General Thurbert Baker to block Wilson's release by filing an appeal of the judge's ruling.

Joseph Lowery, former president of the Southern Christian Leadership Conference, called Baker's decision "unnecessary, unjust and unfounded."
"We don't understand the reasoning or rationale of the attorney general on this issue," Lowery said. (Watch Lowery call the top prosecutor's action absurd and unjust (http://javascript<b></b>:cnnVideo('play','/video/law/2007/06/11/wilson.sclc.press.conference.cnn','2009/06/10');) http://i.a.cnn.net/cnn/.element/img/1.5/main/icon_video.gif (http://javascript<b></b>:cnnVideo('play','javascript<b></b>:cnnVideo('play','/video/law/2007/06/11/wilson.sclc.press.conference.cnn','2009/06/10');','2007/06/12');))

Wilson is black, as is Baker.

Law changed but Wilson not included

Wilson, 21, was convicted of aggravated child molestation for having consensual oral sex with a 15-year-old girl when he was 17, during a 2003 New Year's Eve party in Douglas County, just west of Atlanta, Georgia.

Wilson was also charged with raping a 17-year-old girl at the party -- who prosecutors maintained was too intoxicated to consent -- but jurors acquitted him on that charge.

Under the state law in effect at the time, Wilson received a mandatory 10-year sentence and has already served more than two years.

Partly as a result of Wilson's conviction, state legislators changed the law to make such consensual conduct between teenagers a misdemeanor, rather than a felony. But that change wasn't made retroactive, so it did not affect Wilson.

Monday, acting on a petition filed by his attorneys, Monroe County Superior Court Judge Thomas Wilson ruled that Genarlow Wilson's punishment was cruel and unusual and voided it on constitutional grounds. The judge reduced the sentence to one year and said Wilson should not be put on Georgia's sex offender registry, as the old law required.

Wilson's attorneys hoped to use the ruling to free him from state prison. But shortly after it was handed down, Baker announced he would appeal the decision, a move that keeps Wilson behind bars.

In a statement announcing his decision, Baker said he filed the appeal to resolve "clearly erroneous legal issues," charging that the judge did not have the authority "to reduce or modify the judgment of the trial court."

'The ultimate abuse of power'

Baker also said prosecutors in Douglas County had offered a plea deal that would reduce Wilson's sentence, possibly to time already served, and place him in a program for first-time offenders.

Once his sentence was complete, his conviction would be removed from his record, and he would be taken off the sex-offender registry, the attorney general said.

But Bernstein said Wilson would not accept the proposed deal because it would still require him to plead guilty to a felony with a 15-year sentence, which would hang over him until the sentence had been served.

"That's the ultimate abuse of power as a prosecutor," said Bernstein. "I want this child out. Enough already."

Bernstein said Wilson's attorneys are now trying to get him released on bond while Baker's appeal makes its way through the courts; but, so far, they have not been successful.

Wilson's plight has drawn national attention and pleas for his release, including from former President Jimmy Carter, a former Georgia governor, and even some of the jurors who convicted him.

But late last year, the Georgia Supreme Court, on a 4-3 vote, turned down Wilson's appeal, and both Douglas County District Attorney David McDade and Baker have opposed moves by his attorneys to have him released.

Legislation that would make the change in Georgia's child molestation law retroactive in order to free Wilson failed to win approval earlier this year.

http://www.cnn.com/2007/US/06/11/teen.sex.case/index.html

[Stanley Burrell]

This is one of the few, seldom, only times I support Al Sharpton making a shitfit.