Ten years in prison for receiving oral sex. That is Genarlow Wilson’s sentence.When he was 17 years old and a high school senior, he received consensual oral sex from a 15-year-old, 10th-grade girl. Everyone agreed, including the prosecutor and the girl herself, that she initiated the act.
It was all captured on video — the evidence used to convict him at trial. On the tape, police saw a 15-year-old perform oral sex on one partygoer, and after finishing with him, she turned and did the same to Wilson. Under Georgia law at the time, this was considered aggravated child molestation, a felony for teens less than three years apart to have oral sex. It carried with it a 10-year sentence, even though it was only a misdemeanor for those same teens to have sexual intercourse.
The D.A. offered Wilson — a football standout who was being recruited by some of nation’s top colleges, including Columbia and Brown — a plea deal: five years in prison and register as a sex offender.
When I first heard about the case, I wasn’t too concerned. Wilson knew the risks, rolled the dice by going to trial and lost. But the more I think about his case and the more I read about his case, the more I think prosecutors have a duty to make sure they don’t take cases to trial that they can win, when the punishment doesn’t fit the crime.
After Wilson’s conviction and sentence, the legislature changed the statute realizing it was unfair. It now makes consensual oral sex between teens a misdemeanor. Too little, too late for Wilson, as the law does not apply retroactively.
Wilson’s attorney, B.J. Bernstein, a former prosecutor herself, is anxiously working with legislators to change the law to apply to Wilson.
The only other hope for Wilson, now 20, is for the prosecutor to set aside the sentence, and while the prosecutor didn’t return my phone calls, he told ESPN , that “legally, it’s still possible for us to set aside his sentence and give him a new sentence to a lesser charge. But it’s up to us. He has no control over it.” The reason they haven’t, according to ESPN, is they believe Wilson is guilty under the law and there is no room for mercy.
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Little harsh isn’t it.... plus even though they changed the law the law does not apply to him since he was acquitted by the old law.... so there need to be a special law that only applies to him in order to reduce the charge or let him go free... comments... discuss...
It was all captured on video — the evidence used to convict him at trial. On the tape, police saw a 15-year-old perform oral sex on one partygoer, and after finishing with him, she turned and did the same to Wilson. Under Georgia law at the time, this was considered aggravated child molestation, a felony for teens less than three years apart to have oral sex. It carried with it a 10-year sentence, even though it was only a misdemeanor for those same teens to have sexual intercourse.
The D.A. offered Wilson — a football standout who was being recruited by some of nation’s top colleges, including Columbia and Brown — a plea deal: five years in prison and register as a sex offender.
When I first heard about the case, I wasn’t too concerned. Wilson knew the risks, rolled the dice by going to trial and lost. But the more I think about his case and the more I read about his case, the more I think prosecutors have a duty to make sure they don’t take cases to trial that they can win, when the punishment doesn’t fit the crime.
After Wilson’s conviction and sentence, the legislature changed the statute realizing it was unfair. It now makes consensual oral sex between teens a misdemeanor. Too little, too late for Wilson, as the law does not apply retroactively.
Wilson’s attorney, B.J. Bernstein, a former prosecutor herself, is anxiously working with legislators to change the law to apply to Wilson.
The only other hope for Wilson, now 20, is for the prosecutor to set aside the sentence, and while the prosecutor didn’t return my phone calls, he told ESPN , that “legally, it’s still possible for us to set aside his sentence and give him a new sentence to a lesser charge. But it’s up to us. He has no control over it.” The reason they haven’t, according to ESPN, is they believe Wilson is guilty under the law and there is no room for mercy.
source
Little harsh isn’t it.... plus even though they changed the law the law does not apply to him since he was acquitted by the old law.... so there need to be a special law that only applies to him in order to reduce the charge or let him go free... comments... discuss...
Last edited by blademaster (2009-07-03 12:12:41)
