Georgia Judge Voids Teen Sex Sentence

Genarlow Wilson Had Been Given 10 Years For Having Oral Sex With 15-Year-Old When He Was 17

(AP)  A Georgia judge ordered the release Monday of a man sentenced to 10 years in prison for consensual oral sex with a 15-year-old girl when he was 17, a sentence that had been widely criticized as grossly disproportionate to the crime.

Several influential people, including former President Jimmy Carter, publicly supported Genarlow Wilson's appeals, and state lawmakers voted to close the loophole that led to his 10-year term.

Monday's ruling does not ensure Wilson's freedom, though.

Georgia Attorney General Thurbert Baker said Monday afternoon that he had filed notice of appeal, arguing that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court. He said he would seek an expedited ruling from the Georgia Supreme Court.

Tracy J. Smith, a public affairs officer for the state Department of Corrections, said Wilson, now 21, would not be released until the department receives guidance from the state attorney general's office or from the court that originally sentenced Wilson.

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

"It is extremely, extremely disturbing that the attorney general would take this action now," she said. "In essence, the attorney general is saying, 'Keep Genarlow Wilson in prison for 10 years and keep him on the sex offender registry."'

The judge's ruling Monday threw out Wilson's 10-year sentence and amended it to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served, and he would not be required to register as a sex offender.

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this court, will spend eight more years in prison, is a grave miscarriage of justice," wrote Judge Thomas H. Wilson, no relation to Genarlow Wilson.

"If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner," the judge wrote.

When the judge's order arrived Monday morning, Wilson's lawyers had applauded and hugged his mother, Juannessa Bennett, who wiped away tears.

"I just feel like a miracle happened," Bennett said.

A jury had found Wilson, an honor student, guilty in 2005 of aggravated child molestation for having oral sex with a 15-year-old girl during a 2003 New Year's Eve party involving alcohol and marijuana. Although the sex act was consensual, it was illegal under Georgia law.

Wilson was also charged with rape for being one of several male partygoers to have sex with a 17-year-old girl, but was acquitted. The party at a hotel was captured on a videotape that was played for the jury.

[hermit22]

will cbs do research and equal time report on teen herpes etc,?

[bltmrbadgurl]

So who the hell is the girl?

[toolmangler-2009]

Posted by jabberwock11 at 11:09 PM : Jun 11, 2007

Agreed 100%
Sorry, I made an incomplete post. My bad! I was commenting on a different conception in this article.

[nextelgirl24]

i was always taught the punishment should fit the crime. this 10 yr sentence is ridiculous. i have daughters in high school and parties like this go on all time all you can do is try to raise the kids right. This boy was trying make himself into good man just let him!!

[nextelgirl24]

i was always taught the punishment should fit the crime. this 10 yr sentence is ridiculous. i have daughters in high school and parties like this go on all time all you can do is try to raise the kids right. This boy was trying make himself into good man just let him!!

[nextelgirl24]

i was always taught the punishment should fit the crime. this 10 yr sentence is ridiculous. i have daughters in high school and parties like this go on all time all you can do is try to raise the kids right. This boy was trying make himself into good man just let him!!

[nextelgirl24]

i was always taught the punishment should fit the crime. this 10 yr sentence is ridiculous. i have daughters in high school and parties like this go on all time all you can do is try to raise the kids right. This boy was trying make himself into good man just let him!!

[nextelgirl24]

i was always taught the punishment should fit the crime. this 10 yr sentence is ridiculous. i have daughters in high school and parties like this go on all time all you can do is try to raise the kids right. This boy was trying make himself into good man just let him!!

[garsh548]

We know why and the reason this young man got such a harsh sentence. What happen with all the other young men that attended the party and also participated in what was going on? I'm glad this mistake has been corrected. Now maybe he can go to college. I'm sure after overcoming this,this young man will go on to be a success.

[nishaboston]

ajfoxworth

You are saying if you do not live in Georgia you have not heard the whole story. So you mean to tell me everyone in Georgia knows the story, but other Americans do not? Are you saying this man should stay in Jail because a girl gave him oral ***. Please tell us the whole story ....

[hermit22]

i seriously question the "consensual" stuff when these alley cats are in charge of the evenings proceedings....


did you see the BBC report on the man who was trying to get his wife to sacrifice herself as a suicide bomber?

that incident made me think of these little winkie "football stars" who are plying their wares, struttin their stuff and using girls....

the girls should say: "NO!" but what is wrong with these jackasses who ask in the first place?!
maybe they don't even bother to ask....did you see the report on Oprah about these girls feeling intimidated by these morons and these girls were very young teens....duh!

cage these alley cats and snap that lid shut!

[larry247365]

This is a sad case. It goes to show that there is no true justice. The Attorney General is playing for power. The person caught in the middle is a young man that has more than paid the price. I guess when you able to go home each night whats another day in prison for someone else. Who cares about the lives being pulled apart in the tug of war.

[lo0002004]

First of all to ajfoxworth I live in Georgia and I knew Genarlow personally, he was a friend of mine and for you to even think that you know the whole story is hilarious to me! I knew ALL of the kids involved and was there from day one, so I know all about it and clearly you don't! Judge Wilson was right in decision and this is only about power, control, greed, and RACE! For example why is that he is still in prison for having CONSENSUAL oral *** with a girl only two years younger than him, but the "Barbie Bandits" are out walking around with their Chanel frames on? THAT was a CRIME! You really shouldn't talk about issues that you are not educated on! Like you have never had oral *** before, wait . . . that just might be your problem!

[datmusic]

I think it is a shame what you and your office are doing to this young man. The judge is trying to right the wrong that your office created over two years ago. I read the information on the case and this young man should have never been prosecuted. I%u2019m not saying that what he did wasn%u2019t foolish, nor am I condoning teenage ***; I%u2019m not even saying that the fifteen-year-old girl is a brain surgeon. But the facts are this he didn%u2019t know how old the girl was when the incident occurred and it was consensual (involving the agreement of ALL involved) just in case you forgot the meaning of the word. No rape, just teenagers experimenting.

Let the boy go and try to rebuild his life and stop acting as if you and office have never had oral ***!

[cmdrgmh]

It's the southern redneck way. They thumb thier nose at the real legal system and make up thier own. The civil war is still on.

Maybe Rev. Al and Jessie will show up at Nifong's trial today in Durham NC

[slim1h2o]

Sick'em Rev. Al and Jessie.
Oops ,forgot, no rich guy to protest, is there.

If there was you'd be there in a nanosecond.

Proves to me you guys don't care about true injustices. So it goes...........

[ajfoxworth]

If you have not lived in Georgia, you have not heard the whole story. This guy needs to stay in jail, that is where he belongs, and the judge that says that there was an injustice done, need to be run out of town on a rail, or tared and featherd.

[ajfoxworth]

If you have not lived in Georgia, you have not heard the whole story. This guy needs to stay in jail, that is where he belongs, and the judge that says that there was an injustice done, need to be run out of town on a rail, or tared and featherd.

[ajfoxworth]

If you have not lived in Georgia, you have not heard the whole story. This guy needs to stay in jail, that is where he belongs, and the judge that says that there was an injustice done, need to be run out of town on a rail, or tared and featherd.