Teen gets 10 years for consensual oral sex with 15 year old. - U.S. Politics Online: A Political Discussion Forum

Danny · #1 (**permalink**) 06-06-2007

I cannot believe this is happening. I just saw on CNN that an appeals court ruled 10 years without parole wil be the sentence. I'm almost more disturbed by this incident then I was about the torture and murder of the Tennessee couple. What is wrong with your country????

U.S. judge to rule Monday in case of teen sentenced to 10 years for receiving oral sex from girl - International Herald Tribune

Quote:

FORSYTH, Georgia: A Georgia judge is expected to decide by Monday whether to toss out a mandatory 10-year prison sentence for a black man who was convicted of having consensual oral sex with a 15-year-old girl when he was 17 — a case that has prompted a former U.S. president to speak on behalf of the man.

During a brief hearing Wednesday, a lawyer for Genarlow Wilson argued that the sentence was "grossly disproportionate" to the crime. Wilson, clad in a white prison uniform, was present for the hearing.

"We are asking this court to void this sentence. We are asking this court to release Genarlow Wilson," appeals lawyer B.J. Bernstein said.

Wilson's case has attracted national media attention, and several influential people have stepped forward to support him, including former President Jimmy Carter who, citing the "disproportionate nature" of the punishment, questioned whether a white teen would have faced a similar sentence.

"The racial dimension of the case is likewise hard to ignore and perhaps unfortunately has had an impact on the final outcome of the case," Carter wrote to state Attorney General Thurbert Baker in a May 24 letter supporting the man's petition, the Atlanta Journal-Constitution reported Wednesday. "There is some statistical evidence reported by various non-profit agencies in Georgia, leading me to believe that white minor defendants in the same circumstances as Mr. Wilson's receive far lesser forms of punishment," Carter said.

Wilson, now 21, was found guilty by a jury of aggravated child molestation and was sentenced in accordance with a 1995 Georgia law aimed at child sex offenders. He was charged with rape for being one of several male partygoers to have sex with another girl who was 17 during a 2003 New Year's Eve party involving alcohol and marijuana. He was acquitted of that charge. According to the Atlanta Journal-Constitution, all the individuals involved, including the girls, were black.

Douglas County District Attorney David McDade, whose office prosecuted Wilson, denied race was a factor in the case.

"I said early on in this case if I or this office had turned our heads and looked the other way when these two young ladies and their families cried out for help," he told the newspaper, "I would have justifiably been accused of putting a deaf ear to African-American victims."

The sentence, however, even drew criticism from the jury that convicted him and the author of the law that put him behind bars, former state Republican Rep. Matt Towrey, who has said the law "was never intended to put kids in jail for oral sex."

Georgia lawmakers in 2006 changed the law 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.

In court on Wednesday, senior assistant attorney general Paula Smith said the 2006 law cannot be applied retroactively — a determination which the state's top court supported in a ruling.

"That is the bottom line. The General Assembly did not make it retroactive," Smith said. "They had the prerogative to do so; they did not."

Monroe County Superior Court Judge Thomas Wilson said he expects to issue a decision by noon Monday.

If Wilson had had sexual intercourse with the 15-year-old he would have fallen under Georgia's "Romeo and Juliet" exception. But under the law in 2003, oral sex between teens constituted aggravated child molestation and carried a mandatory sentence.

An attempt stalled earlier this year to pass a bill that would provide a remedy for Wilson.

Five other male partygoers took plea deals. Wilson's case was the only one that went to trial.

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Vehicular homicide - Wikipedia, the free encyclopedia
First degree homicide by vehicle
This is a felony, that upon conviction will result in a sentence of between 3 and 15 years of imprisonnment (or between 5 and 20 years for habitual violators), with no parole for at least 1 year. A homicide is first degree homicide by vehicle if the driver "unlawfully met or overtook a school bus; unlawfully failed to stop after a collision; was driving recklessly; was driving while under the influence of alcohol or drugs; failed to stop for, or otherwise was attempting to flee from a law enforcement officer; or had previously been declared a habitual violator".[6]

So a person commiting 1st degree vehicular homicide on multiple occasions may only recieve 5 years in jail but a boy getting head form a girl at a party gets 10 years?? Americans, you have some serious serious problems in your country. I figured I'd post a link to contact the Governor of Georgia in case any of you felt this is an injustice.

Georgia Governor Sonny Perdue | Domestic Contact Form

And another good site: http://www.wilsonappeal.com/index.php

erikvv · #2 (**permalink**) 06-06-2007

This is some kind of joke right?

Regardless of the crime - why was it brought it to a court anyway? - can you punish a 17 year old with 10 years of prison for something else than killing or rape? And it even happened under influence of substances.

Donkey_Left · #3 (**permalink**) 06-06-2007

That's ridiculous.

AjaxPress · #4 (**permalink**) 06-06-2007

Quote:

Originally Posted by erikvv

This is some kind of joke right?

Regardless of the crime - why was it brought it to a court anyway? - can you punish a 17 year old with 10 years of prison for something else than killing or rape? And it even happened under influence of substances.

If he was 17 then why didn't they charge him as a minor? Ultimately this is his parent's fault. I don't know why Blaques haven't already mass immigrated out of the South already.

proUSA · #5 (**permalink**) 06-06-2007

The law is/was old....I'd be surprised if the Judge doesn't reduce this to a misdemeanor which is what the current law requires.

Steve · #6 (**permalink**) 06-06-2007

Quote:

Originally Posted by Danny

What is wrong with your country????

In another thread (and, no, I'm not about to go digging it out), you were taking part in a discussion about American politics and, within that discussion, you used the phrase "our government" while discussing the US government.

Are you one of those people who's only an American when it suits you, or are you an American at all?

Mrs. M · #7 (**permalink**) 06-06-2007

Quote:

Originally Posted by AjaxPress

If he was 17 then why didn't they charge him as a minor? Ultimately this is his parent's fault. I don't know why Blaques haven't already mass immigrated out of the South already.

I believe most places charge 17 year olds as adults though in this case, I think the law should be changed. You can screw, just don't use your mouth. How freaking stupid!

Quote:

If Wilson had had sexual intercourse with the 15-year-old he would have fallen under Georgia's "Romeo and Juliet" exception. But under the law in 2003, oral sex between teens constituted aggravated child molestation and carried a mandatory sentence.

ReddAlert · #8 (**permalink**) 06-06-2007

This is a dumb law and ruling. A 17 year old and a 15 year old? He ain't getting 10 years anyway.

And why is this a race issue? Are you people that dumb as to not realize that THERE ARE ALOT OF BLACK PEOPLE IN GEORGIA? Who told the authorities that she blew this guy anyway? A BLACK GIRL. Once again, Jimmy Carter shows why he was the worst president of all time.

noahath · #9 (**permalink**) 06-06-2007

Quote:

Originally Posted by ReddAlert

Once again, Jimmy Carter shows why he was the worst president of all time.

What an ill-informed statement to make. Ever heard of Warren Harding, John Quincy Adams? you may not like Carter, but there have been many presidents who have been far, far worse.

mpd8488 · #10 (**permalink**) 06-06-2007

It is shocking to think that some of our laws are so convoluted and bind juries and judges in ways that force them to do this to people. If the prosecutor had any sense, he wouldn't have even wasted the states' resources in pursuing this case. Honestly, a blow job, who the hell cares?

I'm sorry, but also I can't get past the fact that the appeals lawyer is named B.J. Bernstein.

Danny · #11 (**permalink**) 06-06-2007

Quote:

Originally Posted by Steve

In another thread (and, no, I'm not about to go digging it out), you were taking part in a discussion about American politics and, within that discussion, you used the phrase "our government" while discussing the US government.

Are you one of those people who's only an American when it suits you, or are you an American at all?

I have always been extremely careful never to refer to anything in the US as "our" or "we" in any of my posts. The only time I might have done so is when referring to the west as a whole (ie: our struggle against islamic extremism). I think if you do manage to find the post you are refering to you'll see that I'm correct. If I did say our in reference to the US government that I'll be happy to retract that statement.

That being said I still consider everyone in the US my brothers and sisters. You just have a few problems with modernization that need to be taken care of.

tamperpr00f · #12 (**permalink**) 06-07-2007

Quote:

Originally Posted by Danny

I cannot believe this is happening. I just saw on CNN that an appeals court ruled 10 years without parole wil be the sentence. I'm almost more disturbed by this incident then I was about the torture and murder of the Tennessee couple. What is wrong with your country????

U.S. judge to rule Monday in case of teen sentenced to 10 years for receiving oral sex from girl - International Herald Tribune

So a person commiting 1st degree vehicular homicide on multiple occasions may only recieve 5 years in jail but a boy getting head form a girl at a party gets 10 years?? Americans, you have some serious serious problems in your country. I figured I'd post a link to contact the Governor of Georgia in case any of you felt this is an injustice.

Georgia Governor Sonny Perdue | Domestic Contact Form

And another good site: Why is Genarlow Wilson in Prison?

Just because something is law does not mean it is just. This is true of law in every nation.

pramjockey · #13 (**permalink**) 06-07-2007

Don't forget, this kid also now becomes a registered sex offender. He's on the same registry as child molesters and rapists, and subject to the same restrictions.

Crystal · #14 (**permalink**) 06-07-2007

Why was this even reported as a crime? I don't see any information on who reported it or why they reported it. If it was consensual oral sex, then I don't see any reason why it would have been reported by these two individuals. I feel like I'm missing some important information here in order to make an informed decision. I'm wondering if this is something that should have even gone to trial to begin with. If it was consensual, then I'd like to just it thrown out and dropped.