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Ear to the Ground

Court Voids 10-Year Sentence in Teen Sex Case

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Posted on Oct 26, 2007
Genarlow Wilson
cnn.com

Georgia’s top court ruled that the 10-year sentence of Genarlow Wilson, shown here with a family member, was cruel and unusual punishment.

In a 4-3 decision, Georgia’s Supreme Court ordered the release of 21-year-old Genarlow Wilson, whose case drew national attention after he was sentenced to 10 years for engaging in oral sex with a consenting 15-year-old girl when he was a 17-year-old high school student.


CNN:

Friday’s decision came after a protracted legal battle that has galvanized international attention and drawn the involvement of civil rights leaders. Partly as a result of Wilson’s conviction, state legislators changed the law to make such consensual conduct between minors a misdemeanor, rather than a felony.

“The release of Genarlow Wilson by the Georgia Supreme Court is a significant victory in redressing the reckless and biased behavior of the criminal justice system that now operates in many states across the union,” the Rev. Al Sharpton said.

“The bad news is that his young life was so unfairly interrupted with time that no state court can recover for him,” Sharpton added. “This is why the Justice Department and federal government must review state courts that willfully and almost without pause violate the civil rights of people, particularly young black men around this country.”

Wilson was an honor student, a football star and his high school’s homecoming king before his conviction.

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By Jacks, October 27, 2007 at 3:51 pm Link to this comment

@A.R.

1.  The law is meant to protect the victims, who happen to be overwhelmingly female (I believe about 80%); predators happen to be overwhelmingly male (9/10).  To say it, thus, favors girls (as in biased) is taking political correctness to a whole new level by refusing to acknowledge facts, evidence, REALITY in favor of your emotional sensitivity.  What next?  Refusing to prosecute hate crimes if the overwhelming majority happen to be white by claiming (wait for it) racism?!

2.  The girl was BLACK.  The video was posted on ABC “Primetime” in 2006 (I believe).  Check out their site for yourself.

@P.T.

Because the law states that he was an adult and she was a minor (i.e. she could not legally consent).  Let me guess: you want children to be thrown in jail when pedophiles attack them, too.

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By DennisD, October 27, 2007 at 8:03 am Link to this comment
(Unregistered commenter)

A 4-3 verdict! Were all the so called “justices” reviewing the same case?
To say that “justice” was finally served is an understatement, the fact that it resulted in prison time for the young man was the true crime.

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By A.R, October 27, 2007 at 7:12 am Link to this comment
(Unregistered commenter)

In response to P.T’s comments, firstly in just about every western (Western Europe, America, etc) country, laws regarding sex/rape, generally favour girls, because most of the time, they are genuine victims.

There are few conclusions we can draw from this case:

1) Georgia if i’m not mistaken is classed as a ‘Southern State’ which for those of you who don’t know, this means its about as tolerant and forward thinking as Saudi Arabia, except if you are black in Saudi, you arent automatically guilty.

2) The Law is an Ass - except we are talking about US Southerner Law, which means not only is it an ass, but also racist, sexist and generally ignorant.

3) He was black which means he was at least 5 times more likely to be found guilty, regardless….

4)The Georgian Supreme court has 3 judges that need to be taken out of the legal system and for the sake humanity, shot.

My collegue at work made an interesting remark on this article, he wondered if the girl involved in the case was white? perhaps that may explain the initial inflated sentence that was handed down…

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By mary, October 27, 2007 at 6:54 am Link to this comment

When I read the article my first thought was I think we should be worried about the 3 decenters on the court.  Then I read the comments and to my surprise so did everyone else.  It’s time to take back our justice system.  Another branch of government ruled by fear.  10 years for a consentual sex act is gross and must not be tolerated.  There are a lot more cases out there.  The only reason we don’t do anything about it is because if we admit there’s a problem, then this could happen to one of us.  If we pretend it’s ok to jail anybody who even appears to cross the line, then we surely are safe.  Afterall, these people must be criminals or they wouldn’t be in jail!

Once called for jury trial in Houston, I listened to a DA and Defense Attorney questions prospective jurors for a trial where two young men were arrested on a sting set up. These two kids were looking at life behind bars for a crime invented by the police.  I wasn’t chosen to serve, but you can bet I would not let them put away two young people for life for a pretend crime.  The sitting judge was Poe, he now serves in the US Congress.

With all our problems in this country, it’s hard to imagine anyone even thinking about reforming our harsh, out-dated criminal justice system. Maybe when we’re all in jail we’ll get the message…......

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By cyrena, October 27, 2007 at 1:40 am Link to this comment

#109819 by thomas billis on 10/26 at 4:48 pm

...“Can you imagine that the vote on the Ga Supreme Court was 4 to 3.There is a conservative idea in this country that blow jobs are bad.That is the 3 who do not get one.”...

Thomas, I know you were kidding, (and I still had to laugh) but the thing of it IS…this is so true. Even the humorous part of it.

And, on the serious side, all the rest of it is true as well. Lynching by law is as good a term as anything, though of course it’s not new. It’s just not quite as obvious as hanging from a noose on a tree, in full view. Still doesn’t mean that we don’t all get the message.

4-3. I hadn’t even looked. That makes me ill.

On the other hand, (and this may sound foolish) while his life has indeed been thrown off track, he CAN get it back. And, as awful as this has been for him, it has been an education that in the end, will probably put him far ahead, even after those ‘lost years’. I know it sounds a little like a platitude, and I can remember not all so long ago, hearing something of the same myself…Specifically it was…

“Adversity makes you stronger”. I won’t tell you what my response was at the time, since it’s really not fit to print. BUT, it actually turned out to be true. And, I’m even willing to admit it. (which might be the proof in the pudding).

So, for Gerarlow, I’m going to call this an extremely painful immunization. And yet, a master boost for his immune system. As long as it doesn’t turn him bitter, he seems to be a smart enough kid to turn this to his advantage. Be nice if he could get the hell out of Georgia though. And, it might also be a warning to others, to stay the hell away from there.

No, I can’t think of any totally ‘safe place’. But indeed, there are safer places than there. Then again, who knows for how long.

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RAE's avatar

By RAE, October 26, 2007 at 7:26 pm Link to this comment

It’s just mindblowing that in this “enlightened” age so many so-called mature adults can be so backward in their thinking.

Those hypocrites who even THINK they have the right to interfere in the consensual sexual relationship between two young people make me puke.

“...state legislators changed the law to make such consensual conduct between minors a misdemeanor, rather than a felony…”

News Flash!!! It’s not even a misdemeanor! It’s not even an offence of any kind! In fact, IT’S NOBODY’S DAMN BUSINESS BUT THE TWO PEOPLE INVOLVED. THEY WEREN’T CHILDREN EXCEPT IN THE MINDS OF THOSE TOO OLD TO REMEMBER BEING YOUNG.

PS I ask those who actually believe there was an “offence” in this situation: Just WHERE DO YOU GET THE RIGHT TO DECIDE? Who appointed YOU as judge other people’s intimate behavior?

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By P. T., October 26, 2007 at 6:44 pm Link to this comment

If the boy was punished so harshly for consensual sex, why wasn’t the girl thrown in the slammer?

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By thomas billis, October 26, 2007 at 5:48 pm Link to this comment
(Unregistered commenter)

Can you imagine that the vote on the Ga Supreme Court was 4 to 3.There is a conservative idea in this country that blow jobs are bad.That is the 3 who do not get one.In a more serious vein this case is another case of the white majority saying to a minority do not even try to buck white authority.There are not 10 DAs in the country who would have brought these charges.If it was white kids not 1.The jena six and this case are examples of lynchiing by law.It is a message to the black community behave yourself.If it is white kids it is good ole boy stuff if it is black kids it is 10 years in jail.They cannot lynch anymore so they have found other ways of keeping the minority population in line.This kid is out but there are so many in and the vote was 4-3.This is not a victory.If there ever was a case that called for 7-0 this was it.Read about this kid and if it does not infuriate you that his entire life has been thrown off track by this malicious prosecution I will pray for you.

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