Teen Jailed On Underage Sex Rap Is Free

Georgia Supreme Court Deems 10-Year Sentence "Cruel And Unusual Punishment"

(CBS/AP)  A former high school football star given 10 years in prison for having consensual oral sex with another teenager was freed Friday by Georgia's highest court, which ruled that his sentence amounted to cruel and unusual punishment.

Genarlow Wilson's case led to widespread protests of racism and heavy handed justice. Wilson and the girl - both black - were only two years apart.

"I never gave up hope in our judicial system, and I never gave up hope in all the prayers people sent out for us," Wilson's mother, Juannessa Bennett, told reporters.

Wilson, 21, offered advice to other teens: "They should be very hesitant before they join certain crowds and make certain decisions."

In its 4-3 decision, the Georgia Supreme Court noted that state lawmakers later scrapped the law that required a minimum 10-year prison term.

That change, the court said, represented "a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."

The justices also said Wilson's sentence made "no measurable contribution to acceptable goals of punishment," and his crime did not rise to the "level of adults who prey on children."

After he was imprisoned, Wilson became the subject of prominent editorials and national news broadcasts. His sentence was denounced even by members of the jury that convicted him and the author of the 1995 law that put him behind bars.

Wilson, a former honor student and homecoming king, was convicted of aggravated child molestation following a 2003 New Year's Eve party in a hotel room where he was videotaped having oral sex with a 15-year-old girl.

Wilson, who was 17 at the time, was acquitted of raping another 17-year-old girl at the party.

State Attorney General Thurbert Baker said he hopes Friday's ruling puts "an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in this case."

The man who prosecuted Wilson, Douglas County District Attorney David McDade, said he disagreed with the decision, but he respects the court "as the final arbiter."

Wilson's supporters were jubilant.

"It's been a long time coming," said Rep. John Lewis, an Atlanta Democrat. "Each day that this young man spent in prison was a day too long."

Civil rights activist Jesse Jackson, who is visiting Georgia this week, called for an end to mandatory minimum prison sentences.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower-court ruling that said the 2006 law could not be applied retroactively.

The high court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."

State lawmakers announced they had raised $4,000 toward a scholarship fund for Wilson, and Jackson promised another $5,000 from the Rainbow/PUSH organization.

[bluestardad]

ONLY IN GEORGIA!

[iceman_1960]

For all the fuss about Michael Vick and the Jena 6, it was this young man who was the great victim of legal injustice.

Consensual s*ex between teenagers should be met with counselling and s*ex education classes, not a prison sentence.

[ekucrew]

What a mess this young man''s life has been! He lost his chance to go to Vandy and play football while getting a outstanding education.

[iceman_1960]

"Attorney General Thurbert Baker had argued that the order to free Wilson, if upheld, could be used to help free some 1,300 child molesters from Georgia prison."

That is the mentality of the Lynch Mob.

Let justice be done, with no intereference from the "slippery slope" racist fearmongering of Thurbert Baker.

[robertkjjj]

This guy messed up his own life. If he was white he''d still be in jail. He only received all this special attention because of his color and loudmouth windbags like Sharpton.

[whatithink-2009]

robertkjjj,

You should replace the js at the end of your name with ks.

He was a child. She was a child. Your comments hold no water. White adult women have had *** with 12 year olds and gotten less time.

[whatithink-2009]

Where is the logic?

17 year old has consensual *** with a 15 year old and get 10 years in prison, while a 25 year old teacher has *** with a 14 year old and gets house arrest???????????????????????????????????????????

[averjane]

I think maybe the reason he was put into prison was because of his color so Sharpton may be on target with this one. And I don''t even like the guy. But I am tired of differences we still see in situations like this. Let''s leave color out of it for a minute. A 17 year old having *** with a 15 year old is not child molesting. Girls at that age are pretty nasty once they''ve gotten a desire for ***. I wonder how many she%u2019s had *** with before him; oral *** at that. The girls these days see nothing wrong with it and view it as an alternative to loosing their virginity; even girls of elementary school age. It was at a party so I''m guessing the nasty little girls were drinking or smoking and both were having some fun with this guy but someone decided to call it rape and child molesting. I think if the truth were known, these two probably initiated the acts and then want to cry about it later %u2018cause maybe daddy found out they had *** with a black guy.

[angelfish71]

robertkjjj... this young man did not mess up his own life... he had CONSENSUAL oral s*ex with a 15 year old--yes they were both kids and had no business having *** of any kind at that age, however this young man has been railroaded from the beginning! In my eyes he is not a child molester, he was a child himself and the female consented to the act, he did not force her to do anything. I agree with iceman1960, they should have been given counseling and let go. This young man had a very bright future ahead of him prior to this and now, due to his criminal record he will likely have a very tough road ahead of him. Anyway, before you go spewing off about him getting the attention because he is black, you should take a look around you...most prision inmates are black, not white, white people do not get nearly as harsh punishment as blacks do for any crime, so I think you are definitely wrong in your statment! Maybe we should go after the REAL child molesters--the ones who molest small innocent children repeatedly!!!

[bustardo]

This has been a case of prosecutorial(sp) and judicial misconduct on a grand scale. The State owes this young man a great deal more than just his release from prison.

[whatithink-2009]

AverJane,

Actually I think she testified in his defense. She was black as well.

[bks59]

This guy messed up his own life. If he was white he''''d still be in jail. He only received all this special attention because of his color and loudmouth windbags like Sharpton.


--------------------------------------------------------------------------------

Posted by robertkjjj at 10:33 AM : Oct 26, 2007
+ report abuse

if this young man had been white incarceration never would have happened!

[janiet3]

Well, it''s about time! Georgia, get into the current century.

[whatithink-2009]

The sad part is unless the conviction is overturned, he will probably have to register as a *** offender his whole life. What a shame! Is this what we do to our children? No wonder many of them are screwed up.

[averjane]

whatithink

I thought the girls were white because the only time Sharpton or Jesse''s name is mentioned is when they''re defending a black person against white people. Strike that comment please but I agree with bustardo.

[dlabarnyc]

It is legal for a hotel to have secret video cameras and videotape guests in their hotel rooms? Scary. I don''t understand that part of the story... Seems like a gross invasion of privacy.

[whatithink-2009]

AverJane,

I have no idea about this. I''ve never studied every situation that Sharpton has been involved in. But I can tell you that she was indeed black. Everyone immediately involved in this case is black including the prosecutor.

[dlabarnyc]

It is legal for a hotel to have secret video cameras and videotape guests in their hotel rooms? Scary. I don''t understand that part of the story...

[berniepeders]

It is legal for a hotel to have secret video cameras and videotape guests in their hotel rooms? Scary. I don''''t understand that part of the story...

Posted by dlabarnyc at 11:04 AM : Oct 26, 2007

It doesn''t say it was a "secret video camera". He was probably taped by "friends" and he was aware of it. Hotels cannot have secret video cameras in the rooms.

[whatithink-2009]

What a massive waste of tax payers'' money this whole thing was. I guess Georgia has a huge budget surplus and can go around prosecuting teenagers for having consensual s-e-x with another teenager. Ridiculous!

[berniepeders]

most prision inmates are black, not white, white people do not get nearly as harsh punishment as blacks do for any crime Posted by angelfish71 at 10:52 AM : Oct 26, 2007

Why is it that blacks (a minority in this country) make up the majority of the prison population? And if you think there aren''t a lot of whites in prison too, you''re kidding yourself.

[whatithink-2009]

berniepeders,

About 49% of prisons are black. Up until the 1980s there was not such a large disproportion in the racial profile of prisoners. This percentage jumped after the 1980s because of the War on Drugs and harsher sentences placed on certain drugs versus others. So, although 70% of drug users are white, nearly 60% of those who are in prison on drug charges are black.

[roach9703]

It seems that common sense won here but barely.
The logic of the three disenting judges I find an example of perfect logic with ridiculous results.

[whatithink-2009]

An American tragedy happened in Tulia, Texas. It was hardly reported. If you have a chance, do a Google on Tulia, Texas. A bogus sheriff arrested the majority of the black population and a few whites who had ties to the black population on trumphed up drug charges. It was a huge miscarriage of justice.

[mellie1957]

I hope this young man ends up being very successful in life. Good luck Genarlow Wilson !! Show the world you can do it !!

[gunownerdan]

The racist "WAR ON DRUGS" is often used as an excuse to harass and arrest minorities and other "undesirable" humans.
To fight crime and violence, COPS SAY END PROHIBITION!
www.leap.cc
Law Enforcement Against Prohibition

[a8151947]

Good, I hope they all get out. The LAW is no good if it does this. Let all teens out of jail for *** between two willing teenage participants.

robertkjjj

if he was white he would never have gone to jail. and if the girl was black this would have been a non issue.

whatithink

actually she is white, but yes she did testify on Genarlow''s behalf (god bless her honesty).

[whatthe7700]

a young man who has been imprisoned for more than two years for having consensual oral *** with another teenager.

It was consensual, all parties involved admit it. Do you belive that this was the first time that this girl ever saw a naked human body? But then again the law is the law but I don''t think that skin color played a role in the charges, conviction or release.

[whatithink-2009]

elmoc_1,

I am pretty sure she was black. Actually, I am 100% sure.

I agree that she was brave to testify in his defense.

[toolmangler-2009]

At yearend 2005 black inmates represented an estimated 40%
of all inmates with a sentence of more than 1 year, while
white inmates accounted for 35% and Hispanic inmates, 20%.

[whatithink-2009]

whatthe7700,

Color has clouded this nation''s judgement on about everything since the country began. Race is such an imbedded part of our national psyche. Yet, when anything happens we immediately try to deny that race had anything to do with it. I am sure race had something to do with it and probably class. I doubt Winthrop would have to worry about such charges. His father would have fixed it.

whatithink

my bad. as of this morning, abcnews is still reporting that she was white

[kristin1228]

whatthe7700 must live in a bubble in their own little world if they think race had nothing to do with this case. if it was a white boy and a while girl, there wouldn''t even be an issue...so ridiculous!

[abbe91]

What is justice about ? If it is about protecting the society from criminals, child molesters, ... this, 10 years for consensual ***, doesn''t make much sense. If it is about punishing people because they make a step off the official morality, then ok, jail most of the people in Africa.

[nolalou]

He should never have had to serve 2 years in jail for this! The ironic part is if they had intercourse instead of oral s-ex, then it would have been a misdemeanor!

In the rush to pass tough laws that target sexual predators, teenagers engaged in consensual acts get put in the same category, and that isn''t right. I remember a similar case in another state, where there was a light prison sentence, but the teenager still has to register as a s-ex offender for the rest of his life! Imagine trying to explain to people who think they have a rapist living in the neighborhood, that it was consensual *** between teens!

[nlm2383]

Go to Wikipedia and search Wilson v State, it says right in there "Both Wilson and the fifteen-year-old are African American." Race is not an issue here... Someone thinks they need to prove a point for some reason. I''m glad this kids been let go...Or should I say man now? It''s crazy to think that something this minor took away the last few years of his childhood.

[whatithink-2009]

ToolMangler,

Your statistics are pretty clear. There is a huge difference in drug sentencing versus the type of drug that is being sold. Crack is the only drug where a first offence triggers federal mimimum sentences of no less than five years. All other first offenses of small quantities trigger a maximum sentence of one year and is usually considered a misdemeanor. The actual average sentence for a first offense was 10 years - higher than rape and just a little lower than murder.

[dragonmouse-2009]

Black/White...whatever...they were well withing fair age differences. They were both consenting teens. The GIRL had no business "drinking" in the first place. I think what hurt him was that he was in trouble once before for possibly raping a girl at different party but there wasn''t enough proof for a conviction.

This NEVER should have gone this far but I can only hope that he uses his new freedom and SECOND chance to get his life on a good path and get out of the "$ex, drinking and party" scene. If he hasn''t finished high school he needs to finish it and get into college, tech school or the military.

[iceman_1960]

"It is legal for a hotel to have secret video cameras and videotape guests in their hotel rooms? Scary. I don"t understand that part of the story..."
- Posted by dlabarnyc at 11:04 AM : Oct 26, 2007

Something had to be done to crack down on the epidemic of Gideon Bible thefts.

[blazercoach1]

ToolManager,

I am an AP Statistics teacher. While the numbers you are citing may be factual, they alone do not prove anything. Let me put it into context.

If your goal is to make things fair, tell me what those numbers should cause us to do: 1) Just go release enough black people so that their percentage in jail matches their percentage in the population or 2) Go round up some white and hispanic people in order to match the populations.

The goal of the justice system is JUSTICE not QUOTAS. What this data indicates is that more research may be necessary. We may in fact find that justice was NOT carried in several cases. But be prepared for the idea that we might find injustice equally as common for all colors. We might...we might not. Your data alone proves nothing.

[whatithink-2009]

nlm2383,

Yes, someone is trying to prove a point. However, they would not have tried to prove this point with an upper class white 17 year old. If they had, they would have been Nifonged.

[toolmangler-2009]

Posted by whatithink at 11:48 AM : Oct 26, 2007


Having had a (former) son-in-law that (is) a crack head I am very clear on what the drug can do. I don''t wish trouble for any race or gender but from my perspective, Crack dealers ought to get life (no parole) Crack users should be incarcerated until they are clean and then serve five years in rehab (in prison)

[whatithink-2009]

blazercoach1,

JUSTICE means giving the same sentence for the same quantity regardless of what type of drug is sold. JUSTICE means that a first offender white person who sells cocaine will get the same sentence as a first offender black person who sells crack if the same quantity is sold. It does not mean that the black first offender goes to jail for 8 years with a felony and the white person goes to jail for 8 days with a misdemeanor.

[sblake63]

Black/White...whatever...they were well withing fair age differences. They were both consenting teens. The GIRL had no business "drinking" in the first place. I think what hurt him was that he was in trouble once before for possibly raping a girl at different party but there wasn''''t enough proof for a conviction.

This NEVER should have gone this far but I can only hope that he uses his new freedom and SECOND chance to get his life on a good path and get out of the "$ex, drinking and party" scene. If he hasn''''t finished high school he needs to finish it and get into college, tech school or the military.


Posted by dragonmouse at 11:48 AM : Oct 26, 2007

______________________________________

A 15 year old girl, alone in a hotel room with a 17 year old is plain crazy - who allowed it to happen? Where''s the condemnation of the girl''s parents? A 15 year year old HAS NO BUSINESS dating period or having such freedom to where she could find herself in a hotel room of any sort at that age separate from her parents? This is child abuse by omission plain and simple.

[rondale3]

HELLO WHY IS HE FREE FROM RAP A YOUNG FEMALE HE NEED TO STAY IN JAIL YOU ALL IS WRONG FOR LETTING THAT RAPING OUT OF JAIL

[whatithink-2009]

ToolMangler,

Meth does the same thing but the sentence is not the same as crack. Why not?

Anyway, I am sorry about your former son-in-law. But, I really think that the problem is not with the drug dealer but with the drug user. If there was no demand, there would be nobody selling it.

[whatithink-2009]

rondale3,

Nobody was raped. The girl even testified in his defense. That doesn''t say much for rape, if you ask me.

[toolmangler-2009]

The goal of the justice system is JUSTICE not QUOTAS. What this data indicates is that more research may be necessary. We may in fact find that justice was NOT carried in several cases. But be prepared for the idea that we might find injustice equally as common for all colors. We might...we might not. Your data alone proves nothing.

Posted by blazercoach1 at 11:51 AM : Oct 26, 2007



Respectfully, You are preaching to the choir. Here is the source I quoted.

http://www.ojp.usdoj.gov/bjs/pub/ascii/p05.txt

[kiwi_chick]

Race had EVERYTHING to do with it. There''s a reason why minorities don''t trust us white folk and with things like this I don''t blame them. I don''t give a rat''s a$$ that the prosecutor was black - it still has everything to do with race. This poor, poor kid has been through hell. The DA''s office, the judge who sentenced him AND the AG should all be very very ashamed of themselves and if they were even halfway decent they would all resign. Sad sad case.