Members Login
Username 
 
Password 
    Remember Me  
Post Info TOPIC: This topic might be too "not forum friendly" but...


The Good Witch Of The South

    



Status: Offline
Posts: 19309
Date:
This topic might be too "not forum friendly" but...


If every 17 year old that had consensual oral sex with a 15 year old girl was in jail for 10 years, our world would be full of prisons. I think the law is a good one, but is not fair in this situation- I think it is immoral, but not illegal.



ATLANTA, Georgia (CNN) -- Jubilation turned quickly 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 Wilson's mom, lawyer's tearful reaction to the judge's ruling)

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 Video)

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.



__________________
This_egg_hatches_on_04/05/06!_Adopt_one_today_from_pickle-green.com/egraphics!


2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:
RE: This topic might be too "not forum friendly" but...


I think I'm more concerned with the charge he was aquited on.  I wonder what the details where behind that.

Oral sex with one girl and raping another at the same party? weirdface.gif

He WAS aquited, so maybe there was nothing to that, but something in my gut tells me not to feel too sorry for this guy.

__________________


The Good Witch Of The South

    



Status: Offline
Posts: 19309
Date:

I think that must have weighed heavily on the original sentence. They wanted to make him pay for something never really proven. But I still think the sentence does not equate the crime. And once again I think it is a morality issue. TEN YEARS? He has already served 2. He was a good kid overall. Lots of kids make mistakes, get drunk and mess around at that age. He was stupid to let it get filmed!

__________________
This_egg_hatches_on_04/05/06!_Adopt_one_today_from_pickle-green.com/egraphics!


Smiles everyone, smiles!

Status: Offline
Posts: 8321
Date:

i also think the punishment is a bit severe.  i read another article on this same story which mentioned that the same girl performed oral sex with another boy right after she was finished with him!  i'm guessing that the other boy must have been under 17 otherwise, he'd have been charged also (?).

he could have killed someone and not had to serve that much time!  



__________________
You should fear anything that can bleed for seven days without dying...  (as told to Mr. DS on 3-12-10)


2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:

Ruby wrote:

I think that must have weighed heavily on the original sentence. They wanted to make him pay for something never really proven. But I still think the sentence does not equate the crime. And once again I think it is a morality issue. TEN YEARS? He has already served 2. He was a good kid overall. Lots of kids make mistakes, get drunk and mess around at that age. He was stupid to let it get filmed!



Ok, I've used my Evelyn Wood speed reading skills three times and haven't seen any evidence he was a good kid overall.  Am I missing it?

I can't find anywhere in the article that says what this kid was like previous to this or if he had any kind of record (not that they can take that into consideration when trying you for something else, but since you said he was a good kid overall I'm curious why you say that).



__________________


The Good Witch Of The South

    



Status: Offline
Posts: 19309
Date:

Sorry I guess that I read that elsewhere- he was an honors student and on the football team. So he was not just a punk, but a punk that did well in school and played a team sport.

Wilson v. State was a court case involving an appeal from the conviction of African-American man Genarlow Wilson, a former honors student and high school football player, involving the controversial sodomy laws of Georgia, United States.

Genarlow Wilson sits in prison despite being a good son, a good athlete and high school student with a 3.2 GPA. He never had any criminal trouble.  On the day he was to sit for the SAT, at seventeen years old, his life changed forever.  He was arrested.  In Douglas County he was accused of inappropriate sexual acts at a News Years Eve party.  A jury acquitted him of the allegation of Rape but convicted him of Aggravated Child Molestation for a voluntary act of oral sex with another teenager.  He was 17, and she was 15.

Along with the label child molester which will require him throughout his life to be on a sexual offender registry, Genarlow received a sentence of eleven years a mandatory 10 years in prison and 1 year on probation.

On July 1st, the new Romeo and Juliet law went into effect in Georgia for any other teen that engages in consensual sexual acts. That change in the law means that no teen prosecuted for consensual oral sex could receive more than a 12 months sentence or be required to register as a sex offender. 

Had this law been in effect when Genarlow Wilson was arrested, or had been done after the Marcus Dixon case, Genarlow would not now be in jail.

Genarlow and his mother are overjoyed that no one else in Georgia will have to know their pain. In the meantime, however, the legal fight goes on for Genarlow Wilson.

Genarlow has been incarcerated since February 25, 2005.




__________________
This_egg_hatches_on_04/05/06!_Adopt_one_today_from_pickle-green.com/egraphics!


2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:

Ah that's good.  So I'm not crazy biggrin.gif

Well, I'll tell ya what.  I personally agree that the actions between a 15 year old and a 17 year old, if they are consentual, should not require a prison sentence.  Certainly not of 20 years.

at 15 and 17 the two are probably about the same age emotionally, and in high school it's silly to think a freshman isn't going to get involved with a senior or a junior.  There's nothing illegal about that.  It's a case where they're following the letter of the law when common sense should be applied instead.

As long as this kid isn't a gang-banger that was creating havoc wherever he went, then this seems harsh.

I'm still concerned about the details of that charge he was aquited on.  I'll PM you with why (it's religious in nature and I don't want to make people role their eyes around here).

But in general, yeah, this kid is getting screwed (and this time it's not the good kind).

__________________


Cat Scratch Diva

    



Status: Offline
Posts: 10068
Date:
This topic might be too "not forum friendly" but...


this really bothers me to see things like this happening, if you look at our (Rapid Cities) sex offender list...over half of them were under 21 with another person under 21. Maybe 3 or 4 years difference but still not to the point on child molestation. Its sad that they are putting these kids in a class of people that cannot find good jobs or nice homes. angered.gif


There are rapists that need to be listed as sex offenders and there are kids being kids!!!!

__________________
1150915680215674az.gif


Now, with 50% more Fire!

Status: Offline
Posts: 2343
Date:
RE: This topic might be too "not forum friendly" but...


allycat wrote:

this really bothers me to see things like this happening, if you look at our (Rapid Cities) sex offender list...over half of them were under 21 with another person under 21. Maybe 3 or 4 years difference but still not to the point on child molestation. Its sad that they are putting these kids in a class of people that cannot find good jobs or nice homes. angered.gif


There are rapists that need to be listed as sex offenders and there are kids being kids!!!!



i agree with you ally! if we lock up every teenage kid having sex, well ....good lord...it's just ridiculous!!



__________________



The Good Witch Of The South

    



Status: Offline
Posts: 19309
Date:

I think a lot of this is moral issues- but they do leave the religious level when they start encroaching on all of society- unwanted babies, dropping out of school, kids having kids, not getting a proper education, drinking in driving, welfare recipients. Morality aside- these issues can lead to bigger societal problems. But overall they are using a law designed to punish TRUE child molesters and then apply that to a situation that is not similar. They should have laws and punishment for this type of behavior too, but I do not think jail will help.

__________________
This_egg_hatches_on_04/05/06!_Adopt_one_today_from_pickle-green.com/egraphics!


2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:

firefly wrote:

allycat wrote:

this really bothers me to see things like this happening, if you look at our (Rapid Cities) sex offender list...over half of them were under 21 with another person under 21. Maybe 3 or 4 years difference but still not to the point on child molestation. Its sad that they are putting these kids in a class of people that cannot find good jobs or nice homes. angered.gif


There are rapists that need to be listed as sex offenders and there are kids being kids!!!!



i agree with you ally! if we lock up every teenage kid having sex, well ....good lord...it's just ridiculous!!



Not EVERY kid, only the boys apparantly hmm.gif



__________________


Now, with 50% more Fire!

Status: Offline
Posts: 2343
Date:

well girls are ALWAYS innocent JR.......biggrin



__________________



2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:

Uh huh!  SURE!

It was probably the girl that initiated the whole thing no.gif

Givin' the boy the "come hither" look, he's only human man! 

Now he's in jail hmm.gif

__________________


Now, with 50% more Fire!

Status: Offline
Posts: 2343
Date:

Jeremy Riggs wrote:

Uh huh!  SURE!

It was probably the girl that initiated the whole thing no.gif

Givin' the boy the "come hither" look, he's only human man! 

Now he's in jail hmm.gif



you mean like this?????




__________________



2011 Super Bowl Champions!

Status: Offline
Posts: 29950
Date:
This topic might be too "not forum friendly" but...


shocked.gif

Um, yeah. THAT'S IT!

biggrin.gif

__________________


Now, with 50% more Fire!

Status: Offline
Posts: 2343
Date:
RE: This topic might be too "not forum friendly" but...


Jeremy Riggs wrote:

shocked.gif

Um, yeah. THAT'S IT!

biggrin.gif



rofl.gif



__________________



Permanent Vacation



Status: Offline
Posts: 23086
Date:
This topic might be too "not forum friendly" but...


There's also a lot of underage girls who lie about their age. It sounds cliche, but I'm sure, "But she said she was 18," is pretty common.

__________________

tumblr_maefr2j2Bt1rrd8d6o1_500.gif

 

Page 1 of 1  sorted by
 
Quick Reply

Please log in to post quick replies.

Tweet this page Post to Digg Post to Del.icio.us


Create your own FREE Forum
Report Abuse
Powered by ActiveBoard