jawa.mee.nu

June 11, 2007

Justice Served in Georgia

An unbelievable story, with a good ending.

A judge today ordered that Genarlow Wilson be freed from prison, where he has spent more than two years for receiving consensual oral sex from a 15-year-old girl when he was 17.
Monroe County Superior Court Judge Thomas Wilson also amended Wilson's felony conviction to a misdemeanor without the requirement that he register as a sex offender.

Wilson's lawyer, B.J. Bernstein, appealed to a judge Wednesday to free him from prison, arguing that his 10-year prison sentence and inclusion on the state's sex offender registry is grossly disproportionate and violates the Constitution.
Bernstein also pointed to how the Legislature changed the law since Wilson's conviction to make similar acts a misdemeanor punishable by a maximum of one year in prison. Wilson, now 21, has been locked up for more than two years.

Sue away, son!

Posted by: Good Lt. at 11:41 AM | Comments (48) | Add Comment
Post contains 144 words, total size 1 kb.

1 they freed a black kiddie rapist and you call that justice?

60 days max before he has committed another felony.

Posted by: Jake Roberts at June 11, 2007 01:07 PM (DCZ7U)

2 #1 Jake Roberts, You are sooooo stupid! This kid didn't deserve his sentence a it was a huge miscarriage of justice.

Posted by: allahakchew at June 11, 2007 01:13 PM (m2p07)

3 I have a friend who had the exact thing happen to him. He was 17 and his GF was 15. He didn't get prison but he is on probation and the sex offender list here in Texas. Nice that justice was served in this case at least.

Posted by: Randman at June 11, 2007 01:23 PM (Sal3J)

4 remember his name. those people get out of prison and their is always a 99.9% repeat offender rate.

some poor law abiding citizen will be destroyed by this felon.

Posted by: Jake Roberts at June 11, 2007 01:27 PM (DCZ7U)

5 You can look at this two ways. On one hand, ten years for a consensual sex act, even one with a minor, seems a bit excessive. On the other hand, the law was passed by a duly elected state legislature. Even though the law has been changed now, when he did the crime the punishment was ten years.

My test for laws like this and age of consent laws is to imagine that the person over the age of consent is 50 years old. Would you guys really be comfortable with a misdemeanor conviction and a year in jail (and not having to register as a sex offender) if a 50 year old had gotten a blowjob from a 15 year old?

Posted by: Shivv at June 11, 2007 01:32 PM (v8h2M)

6 when i was 17 (12th grade senior) some of my classmates dated freshmen (10th grade 15 year olds) i hope he sues

Posted by: jimmytheclaw at June 11, 2007 01:55 PM (NV4Fm)

7 I've read on another link people decrying the Court's decision proclaiming "the law is the law".

As a former Assistant State Attorney, I've seen "the law as the law" where its effect was unjust. Had one case where a 17 year old white hispanic boy was having sexual intercourse with a 15 year old white girl. Under "the law is the law", this boy was charged as an adult and was facing 15 years. I was the prosecutor on the case and I saw the boy sitting in the audience. He was small and so scared he looked frail. When studying the case, I realized the "victim" was smarter and more mature than he was. The "victim" tutored him in some of his classes and they had dated and engaged in multiple sexual acts of intercourse during the time they dated which lasted up to the the time of his arrest. I as his prosecutor was upset that he chatted away to police, admitting everything, tell them he loved her and wanted to marry her. Where was his damn attorney!!!

I advised my supervisor that I was not willing to prosecute him and that perhaps someone else should. I also proposed that perhaps we could get him into the military. I was told to give that a try, but I have to get approval of the mother of the "victim". Thank God in a later phone conversation, the mother said she didn't want prison, but just wanted him away from her daughter. I quickly took the lead with the mother's statement and she was very agreeable to the military option. The boy did enter into the military and we were therefore able to drop the case and not sentence him to 15 years and ruin his life with a sexual offender designation.

I'm glad in this case that although the "letter of the law" may not have been followed, the spirit of the law was followed and justice was done. It is one thing to prosecute a 35 year old having sex with a 15 year old and another thing entirely to prosecute a 17 old boy have sex with a 15 year old.

Posted by: Darren at June 11, 2007 02:04 PM (UCVDK)

8 Just a note: The problem with this post is that it describes the sex as "consensual". However, in all of the states the age of consent is 18 or older. Accordingly, by law, the sex cannot be consensual. People under 18 generally cannot be held to a contract for the same reason.

That is why consent is irrelevant to statutory rape cases.

Perhaps a better term is unforced.

But, having written all that, the penalty in this case was extreme.

Posted by: Cruiser at June 11, 2007 02:14 PM (pM6Sa)

9 Yes the law is the law so why not prosecute the girl who performed oral sex on multiple men at the party including this man who was a minor at the time.

Posted by: Darth Odie at June 11, 2007 02:16 PM (YHZAl)

10 #5 Shivv...........A 50 yr old could not possibly plead "consensual". Jessica's law would come into play here (if the state has it). Now adays teenagers are bombarded with sexually explicit advertising. The secular progressives push this as "if it feels good do it" and to hell what your parents say. It is a hell of alot harder to raise kids now than during the "hippy" period of the 60's due to the fact that alot of our lawmakers are former hippies. They are very dangerous to our kids well beings. This day and age is a parents worst nightmare. I have a 19 yr old daughter in college and pray we raised her right. Checking the sex offenders registry from her area lists 19 tier 3 sex offenders living in close proximity to her. She is aware of this and has a permit for a concealed weapon. It truly totally rediculous that it has to come to this point. The lefties are destroying our society and values. Sorry about the rant but I feel this kid is a product of the "if it feels good do it" society. We have a young 18 yr old in Kansas that was abducted and murdered by someone that should of been behind bars years ago. Priorities need to be followed.

Posted by: allahakchew at June 11, 2007 02:17 PM (m2p07)

11 #7 Darren Thank you for your input. As a layman I only have opinions not experience.

Posted by: allahakchew at June 11, 2007 02:21 PM (m2p07)

12 Dear allahakchew,

Thank you for your comment. I am pleased about how that experience turned out. I feel like God gave me that Florida case and I was able to effectuate a good outcome and grateful I had a supervisor willing to see the case my way along with the mother of the "victim". Otherwise, I would have had to turn the case over to someone else since I could not zealously represent my client in said matter AND my client was entitled to zealous representation.

Posted by: Darren at June 11, 2007 02:32 PM (UCVDK)

By the way, I'm a Conservative on the Right, Anti-islamic, "Zionist" Christian who is glad to see this young black boy get his sentence reduced and hopefully released today, which an appeal may fowl that up. I hope not.

By the way, I don't care for liberals either!!!

I'm too am sick and tired of the violence I see in our society.

Posted by: Darren at June 11, 2007 02:38 PM (UCVDK)

14 Darren, If you are truly who you say you are I am wondering why you referred to this guy as an "young black boy" Why the need to state his color?

Posted by: allahakchew at June 11, 2007 02:55 PM (m2p07)

15 Attorney's deal in fact. The boy is a boy. He is black.

Posted by: Darren at June 11, 2007 03:01 PM (UCVDK)

16 The Georgia Attorney General has appealed. The kid won't be freed anytime soon.

Posted by: George Ramos at June 11, 2007 03:06 PM (TmLg9)

17 Jake Roberts, you are a stupid cracker racist. It was consensual sex. He is not some kiddie rapist. There's a big difference between consensual sex and forcible rape. He deserved some prison time but not 10 years. He'll be freed eventually.

Posted by: None of your business at June 11, 2007 03:09 PM (TmLg9)

18 Dear George:

Somethimes those who enforce the law are blind to justice. Sometimes they are just blind bureaucrats who can't see the bigger picture and think outside the box.

Posted by: Darren at June 11, 2007 03:12 PM (UCVDK)

19 I've always been of the opinion that cases like this show why the age of consent should be 18. Had both of these teens been under the age of consent, the prosecutor probably wouldn't have filed charges against either of them

Posted by: Shivv at June 11, 2007 03:14 PM (v8h2M)

20 I note there may be some confusion about the term "consent". Anyone under the age of consent, usually 18, can NOT consent even if they "jump the bones" of the other person. Regardless how willing, wanting, and able the under age of consent person wants to have sex, in the eyes of the law they are incapable of consenting. Sometimes it is called "statutory rape". See Cruiser's #8 post above where he does a good job of explaining consent.

Shivv in post #19 makes a good point that BOTH were under the age of consent (If the age of consent in Georgia was 18 at the time of the incident). If such was the case, BOTH could have been prosecuted. The girl could have easily been prosecuted as well.

Posted by: Darren at June 11, 2007 03:26 PM (UCVDK)

21 Interesting note:
He was sentenced for receiving consensual oral sex from a 15-year-old girl when he was 17.
The lawyer who got him off is named B.J.

Just saying. :-)

Posted by: scaulen at June 11, 2007 03:37 PM (OZn2O)

22 Darren, the age of consent is actually 16 in Georgia if the other participant is 24 or under. What I was saying was that IF the age of consent had been 18 then the prosecutor probably would not have filed any charges.

Posted by: Shivv at June 11, 2007 03:40 PM (v8h2M)

23 #21 B.J. initieals is interesting. Darren what do you have to say about this?

Posted by: allahakchew at June 11, 2007 03:44 PM (m2p07)

24 The state appealed to block his release.

Posted by: Darth Odie at June 11, 2007 04:54 PM (YHZAl)

25 Yep, he'll be in prison for a while longer. LOL, Scaulen. Thank you for the kind reply Darren. I'm only referring to teenagers who have consensual sex with other teenagers. NOT adults who sleep with thirteen to 15 to 17 year olds depending on the law limit. I'l l give Debra Lafave and Sandra Beth Geisel exceptions because they are HOT!

NICE!!!!!!

Posted by: George Ramos at June 11, 2007 04:58 PM (TmLg9)

26 who can't see the bigger picture and think outside the box.

It WAS oral sex

Posted by: Randman at June 11, 2007 05:02 PM (Sal3J)

27 Darren: When I was a kid in Calif. I had a friend in highschool that was sentenced to CYA for an indefinite term for balling his 16 year old girfriend. He was 17. Man was I scared because when I was 17 I was nailing half the girls in school and trying to nail the other half. Didn't stop me though. At 17, getting laid in the #1 thing on your mind. Blame in on God, nature, whatever. That's just the way it is.

Posted by: greyrooster at June 11, 2007 05:06 PM (ijNsC)

28 Damn! Now I feel like a criminal who didn't get caught. It fact all my friends were criminals who didn't get caught balling their under 18 girlfriends. Then there was the twins that took on the football team. Holy shit. Our entire team could have gone to jail instead of College. Only in America.

Posted by: greyrooster at June 11, 2007 05:09 PM (ijNsC)

29 Randman: According to Clinton oral sex is not sex. Ha, ha. Therefore no crime has been committed. heh, heh. Good one.

Posted by: greyrooster at June 11, 2007 05:18 PM (ijNsC)

30 BJ ha, ha Bernstein. Ha, ha. Should use the Clinton defense and get the guy off. Whoops! Bet he's afraid to get off anymore.

Posted by: greyrooster at June 11, 2007 05:21 PM (ijNsC)

31 Being a former "hillbilly", we thought oral sex was swapping tobacco wads. To my shock I later found that not all girls like that!!!

Posted by: Darren at June 11, 2007 05:25 PM (UCVDK)

32 Military option? What military branch takes someone who isn't a high school grad? Hummm!

Posted by: greyrooster at June 11, 2007 05:28 PM (ijNsC)

33 An appeal may fowl.

Posted by: greyrooster at June 11, 2007 05:31 PM (ijNsC)

34 To #32

He had gotten his G.E.D. prior to going into the military. By the time he had been arraigned on his charges, he had just turned 18 as well.

Posted by: Darren at June 11, 2007 05:39 PM (UCVDK)

35 The girl probably had grandchildren at 15. Whats the big deal about a little hummer?

Posted by: Jack's Smirking Revenge at June 11, 2007 06:01 PM (ou0cx)

Debra Lefav should be a reward for getting 100% on your test. That would get some serious studying done.

Group hummers at 15. Classey little piece. And the boy did what wrong?

Posted by: greyrooster at June 11, 2007 06:29 PM (1ZyKh)

37 He snitched to the police. At least I think that's what happened. I don't know how she got caught. If he did snitch than he's a retard.

Posted by: George Ramos at June 11, 2007 06:32 PM (TmLg9)

38 I'm referring to Debra Lafave's teen lover. Genarlow is black so he should have known that the prosecutors would throw the book at him. He also shouldn't have had sex in a party where everybody would see him.

Posted by: George Ramos at June 11, 2007 06:34 PM (TmLg9)

39 Right on. Oral sex should be performed behind closed doors. Except San Francisco where they call it lunch.

Posted by: greyrooster at June 11, 2007 09:43 PM (1ZyKh)

40 After a little serious thinking. The little tramp should be burned at the stake. More fodder for the muslims. As the local Inman would say. If this is western culture we don't want our kids to have it.

Posted by: greyrooster at June 12, 2007 01:30 AM (1ZyKh)

41 I'll bet the little tramps parents are proud of her.

Posted by: greyrooster at June 12, 2007 01:31 AM (1ZyKh)

42 You forgot to mention the video of him participating in the gang rape of another girl at the same party.

Posted by: LCB at June 12, 2007 10:32 AM (45ULZ)

43 (42)
Oh no they didn't mention the video he made did they and the dope and the alcohol, the gang signs and heavy Rap music.
The fact that this young man was into more than just consensual sex is being brushed aside.
Much like the young man who killed his niece with a wrestling move a few years back and was freed and is now serving an armed robbery charge this fellow will be seen again on the news in deep kimchee for a crime much like the one he was pardoned for.
Has anyone thought to ask the fellatrice her opinion of the whole shebang?

Posted by: Barry at June 12, 2007 12:43 PM (xQq4i)

44 As I understand the case, a deal was made. He would do 10 years on the lesser charge, in exchange for not going to jail for participating in a gang rape.

Posted by: LCB at June 12, 2007 12:57 PM (x76Xt)

45 #23 Use your own nic you creep!

Posted by: allahakchew at June 12, 2007 01:00 PM (m2p07)

46 In ancient Rome, or the Greek city-states, both would have been considered adults. The real question of justice lies with the intent to harm, the actual harm, and the proportion of any punishment. As a matter of US law they are not adult, although we do know that such a label is actually quite arbitrary. At 11:59pm the day before, a parson is an 'adult' and then at 12:01 am the next dy, they are not. so two minutes is a total transformation of the persona real world abilities? I don't think so. These 'kids' were about the same age. Presuming either had a malicious intent to abuse a 'child' is just plain silly. Punishing it with a ten year sentence is draconian, and wrong. IMO USA, all the way!

Posted by: Michael Weaver at June 12, 2007 03:32 PM (2OHpj)

47 If the 'boy' was guilty of some other crimes, he should have stood trial for those instead. USA, all the way!

Posted by: Michael Weaver at June 12, 2007 03:38 PM (2OHpj)

Whoa! I didn't know about the other charges taking place at the same party. I think we are also forgetting that he pleaded guilty to the charges and thought 10 years was a good deal for his crimes. Different picture emerging here.

Michael: Implied violence to get others to do what they wouldn't do under normal circumstances is real. If you don't know that, you haven't been around much.

Posted by: greyrooster at June 16, 2007 11:16 PM (AsTKg)

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June 11, 2007

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