Genarlow Wilson's Tragic Sentencing for Consensual Oral Sex

[DaemonSeid]

By Van Jones and James Rucker, Color of Change
Posted on June 19, 2007

http://www.alternet.org/story/54413/

Last Monday, June 11th, a judge finally dismissed the sentence of Genarlow Wilson-the honor roll student and homecoming king serving ten years in prison for having consensual oral sex with a 15 year old when he was 17. In granting Wilson's habeas corpus petition, Georgia Superior Court Judge Thomas Wilson wrote that it would be a "grave miscarriage of justice" for Wilson to be kept in prison for the remaining eight years of his sentence.

Yet, immediately after the judge's ruling, Georgia's Attorney General, Thurbert E. Baker, filed a notice saying that his office would appeal the decision, leaving Wilson stuck in jail. Baker's actions have not only robbed Wilson of his long overdue freedom, they epitomize the insanity of a justice system that seems hell-bent on criminalizing young Black men.

At a New Year's Eve party in 2003, Wilson had consensual oral sex with another teen -- she was 15 and he was 17. Under an old Georgia law, he was convicted of aggravated child molestation, a charge intended for adult sexual predators. Sexual intercourse with the same girl would have been a misdemeanor under a "Romeo and Juliet" exemption for contact between minors; but because the exemption did not mention oral sex, Wilson, an honors student and star athlete with no prior criminal record, received a mandatory ten-year sentence without possibility of parole

__________________________________________________ _____________

and in that same building on the same day:

Yet right down the hall, Alexander High School English teacher Kari McCarley was standing trial for "carrying on a sexual relationship with a 16-year-old male student." She was married, with children. This wasn't a one-time sexual encounter. Her sentence? Three years probation and 90 days in jail.

Like the judge in that case, most of the posters at Free Republic thought her crime was no big deal.

District Attorney David McDade: "We suggested prison time, but the judge imposed a sentence that he felt was right. She [McCarley] was not having sex with a student directly under her supervision."

See, with sexual intercourse, the judge has discretion. With aggravated child molestation, the legislature set the minimum at 10 years. Nevermind that the intent of the legislation was to prosecute adults preying on pre-adolescent children, not two teens where the younger teen initiated the sexual contact.


http://uspolitics.about.com/b/a/207995.htm

[Rudey]

Female teachers that screw their students will never get in much trouble. It has nothing to do with race. Black, white, it's all pink on the inside and it's OK only if the older person is female.

-Rudey

[RU OX Alum]

GA's Attorney General should get a nice swift round house kick in the brain stem

[1908Revelations]

Originally Posted by RU OX Alum

GA's Attorney General should get a nice swift round house kick in the brain stem

Following w/ Robert's rules:

I second!

[UGAalum94]

I think the biggest factor in the comparison presented is the willingness of the teacher to plea bargain.

If you have the kind of proof against you that they did in this case and you don't deal and insist on trial, you're choosing to put your life in the hands of a judge and/or jury (ETA: actually minimum sentencing guidelines, rather than either) because I don't think you can usually expect the prosecutor or judge to see justice for you once you're convicted as something lighter than the offer that you turned down. After you're convicted of the charge that earns the minimum sentence, a lot of hands are tied.

I'd be glad if the guy were released because the sentence was excessive, but don't forget he was actually guilty of a crime/crimes, and that he (and his lawyer, I guess) chose to gamble at trial with a crime that carried this minimum sentence.

We can all feel like he wasn't really a child molester, but as the law was written, he was.

[jitterbug13]

There's already a thread on this somewhere in this forum.

[Kevlar281]

The other side of the coin...

1. Genarlow Wilson was charged with rape, contributing to the delinquency of a minor, aggravated sodomy and aggravated child molestation.

2. Wilson engaged in intercourse with the 17-year-old after she was passed out drunk and high on drugs and encouraged the others to join him. The 17-year-old that accused the young men of rape and has never recanted. The 17-year-old was locked in the bathroom in between the sex acts and this resulted in a "false imprisonment" conviction for one of the men involved that evening.

3. There were six men with 40 prior arrests among them in a hotel room with a semi-conscious girl and a minor. One of the men impregnated a 12-year-old while awaiting trial and has since been convicted of statutory rape. Five of the six men pled guilty to the lesser charge of child molestation instead of aggravated child molestation. All are serving time.

4. Wilson refused the plea bargain and was unanimously convicted by a jury of his peers. The sentence for his crimes is a harsh, but mandatory, 10 years in prison.

[Coramoor]

It's sort of funny how people forget what a scumbag this kid is and only listen to what the media is spoon feeding them.

This guy is not a good or wrongly convicted person. Hell, ten years is too light.

Originally Posted by Kevlar281

The other side of the coin...

1. Genarlow Wilson was charged with rape, contributing to the delinquency of a minor, aggravated sodomy and aggravated child molestation.

2. Wilson engaged in intercourse with the 17-year-old after she was passed out drunk and high on drugs and encouraged the others to join him. The 17-year-old that accused the young men of rape and has never recanted. The 17-year-old was locked in the bathroom in between the sex acts and this resulted in a "false imprisonment" conviction for one of the men involved that evening.

3. There were six men with 40 prior arrests among them in a hotel room with a semi-conscious girl and a minor. One of the men impregnated a 12-year-old while awaiting trial and has since been convicted of statutory rape. Five of the six men pled guilty to the lesser charge of child molestation instead of aggravated child molestation. All are serving time.

4. Wilson refused the plea bargain and was unanimously convicted by a jury of his peers. The sentence for his crimes is a harsh, but mandatory, 10 years in prison.

[KSig RC]

Originally Posted by Coramoor

It's sort of funny how people forget what a scumbag this kid is and only listen to what the media is spoon feeding them.

This guy is not a good or wrongly convicted person. Hell, ten years is too light.

This is ironic, considering how twisted Kevlar's points had to be to draw a connection between them.

"Convicted of a jury of his peers" doesn't hold up, because he was convicted on a technicality, and the jurors have been interviewed post-verdict and noted they did not expect the sentence he got.

He's not on trial for his associations, nor should he be.

To my knowledge, he has never been convicted of sexing up a passed-out 17 year old - only of the (consensual) oral sex.

You have a good point about the media influence to an extent, but you're going just as far in the other direction. The punishment does not fit the crime as convicted - and for you to claim "10 years is too little" shows a sort of justice I don't want anything to do with.

[Kevin]

RC:

I think you'd agree with me that a prosecutor shouldn't try to punish someone for charges which he can't find evidence for with lesser charges that prosecutor can prove.

There are reasons we have rules of evidence -- to protect the innocent from unfounded allegations and give him an opportunity to confront his accuser.

Also, this country (in theory) has a presumption of innocence for the accused. This ought to be respected.

[KSig RC]

Originally Posted by Kevin

RC:

I think you'd agree with me that a prosecutor shouldn't try to punish someone for charges which he can't find evidence for with lesser charges that prosecutor can prove.

There are reasons we have rules of evidence -- to protect the innocent from unfounded allegations and give him an opportunity to confront his accuser.

Also, this country (in theory) has a presumption of innocence for the accused. This ought to be respected.

Yes, this is exactly why I have quite a bit of distaste for Kevlar's earlier assertions - well put.

[Kevlar281]

Originally Posted by KSig RC

"Convicted of a jury of his peers" doesn't hold up, because he was convicted on a technicality, and the jurors have been interviewed post-verdict and noted they did not expect the sentence he got.

I’m really not surprised that some of the jurors have recanted considering the amount of scrutiny this case has received in the media. Regardless of whether they agree with the sentence that was given they did in fact find him guilty.

Originally Posted by KSig RC

He's not on trial for his associations, nor should he be.

I agree he is not on trial. He has been convicted. But now his case is in the media and in the court of public opinion wear I would say just about every story I have read in regard to this case has made it a point to mention that Genarlow Wilson was homecoming king, an honor roll student and a varsity letterman. Character works both ways and in this society right or wrong people are judged by the company they keep.

Originally Posted by KSig RC

To my knowledge, he has never been convicted of sexing up a passed-out 17 year old - only of the (consensual) oral sex.

This is correct he was not convicted; he was acquitted.

[Munchkin03]

A group of businessmen here in NYC have put together the $1 million bond needed to get Genarlow out of prison.

[DaemonSeid]

Originally Posted by Coramoor

It's sort of funny how people forget what a scumbag this kid is and only listen to what the media is spoon feeding them.

This guy is not a good or wrongly convicted person. Hell, ten years is too light.

Coramoor....


Hmmm....we got child molestors, murderers, and dope dealers on the streets...all this kid did was get a blow job...and dumb enuff to film it...I am guessing you saved your virginity until you were twenty one or you live in a monastary? or maybe you are just jealous that you didn't get any attention in your teens?