Finally Some Justice: Judge Says: No 10-year sentence for teen sex

[EV_Ares]

By SHANNON McCAFFREY, Associated Press Writer

ATLANTA - A Georgia judge ordered the release Monday of a man sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl when he was 17. The judge threw out Genarlow Wilson's previous sentence and amended it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender.

Wilson, now 21, has been behind bars for more than two years.

"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.

Wilson's original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime. State lawmakers later passed a law to close the loophole that led to the 10-year sentence. "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.

The attorney general's office did not immediately comment.

Wilson's lawyers applauded in their office and hugged his mother, who wiped away tears, as the order came over a fax machine. "We right now have an order of release and I beg the attorney general of the state of Georgia please do not file an appeal," said Wilson's lawyer, B.J. Bernstein. Wilson's mother, Juannessa Bennett, said, "I just feel like a miracle happened." A jury found the 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 at the Douglas County hotel to have sex with a 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

Several influential people, including former President Jimmy Carter, stepped forward to support Wilson.

http://news.yahoo.com/s/ap/20070611/ap_on_re_us/teen_sex_case;_ylt=Anf0yO5XbIc46KS9CpqT93ys0NUE

[Ayesha]

1. OMG

This is ridiculous. I am absolutely for throwing the book at child molesters, but these were two kids in love (or lust anyway.) I'm glad people stood up for this boy.

[EV_Ares]

2. Here is the entire story of this horrible injustice that was done to this boy:

Outrage After Teen Gets 10 Years for Oral Sex With Girl
Georgia Reconsiders Law That Imprisoned High School Senior Genarlow Wilson faces 10 years in prison for what he says was consensual oral sex with a 15-year-old girl when he was 17. (Courtesy of Wilson family)From Primetime Feb. 7, 2006

Genarlow Wilson and a group of friends had the kind of bash no parent would want their teenager to attend. Crime scene investigators combing the room in a Days Inn in the small town of Douglasville, Ga., found evidence of drinking, as well as condoms and wrappers littered all over. Plus, there was a video camera.

Tyrone Brooks Michael Mann Senate Days Inn In a portion of a tape obtained by "Primetime," Wilson, then 17 and an honor student and star athlete who was homecoming king, is seen having intercourse with a 17-year-old girl, who was seen earlier on the bathroom floor. During the sex act, she appears to be sleepy or intoxicated but never asks Wilson to stop. Later on in the tape, she is seen being pulled off the bed.

Other portions of the tape show a second girl, who was 15 and later said she did not drink that night. She was recorded having oral sex with several boys in succession, including Wilson.

The following morning, Wilson got a phone call that would change his life. He learned from a friend that the 17-year-old had gone to the police to report that she'd been raped.

"I was, like, 'What? When was this happening? Did this happen at the same party I was at?'" Wilson said. "It was shocking to me."


A Decade in Prison
Authorities believed the 17-year-old alleged rape victim and said she was too intoxicated to consent to any sexual acts, which is what Georgia law requires, otherwise these acts can be considered rape.

Six boys, including Wilson, were arrested on various charges, including rape. District Attorney David McDade said the videotape was critical to his case. "There is no doubt that without the videotape we would have to be relying on the statements of these young people, and that would have been a more difficult prosecution," he said.


(rest of story @ link)

http://abcnews.go.com/Primetime/LegalCenter/Story?id=1693362&page=1

[aikoaiko]

5. I'm glad his sentence was reduced but he was lucky to not get convicted on the rape of the drunkgirl

By all accounts she was intoixicated and looked almost asleep when had he intercourse with her.

But I agree, with the sentence reduction and hope he can reclaim some of his life.

[Shallah Kali]

108. I am going to be ill. The girl is too drunk or high to consent

seen passed out in the bathroom, latter obviously intoxicated during the act then hauled off the bed without protest. How can that be considered consensual?

[Iris]

18. well, I don't think they were exactly in love, but the punishment was still way out of line. nt

[LisaL]

96. Wilson have been offered plea deals but he is refusing to accept

them. All the co-defendants accepted plea deals and I believe spend a shorter time in prison than he already did.
He is still refusing accept a plea deal.

[RiDuvessa]

106. If I recall properly,

The plea bargain that the prosecutor was offering required that he plead guilty and would result in him having to register as a sex offender for the rest of his life. That doesn't seem in line with the crime he was accused of. It also doesn't seem like the prosecution was in line with what the law was all about. It was originally designed to be used against child molesters, and was change by the state legislature because of this prosecution.

[aikoaiko]

3. Good call by the Judge. I hope the young man will make better decision in his life ...

...than the ones that led him into jail in the first place.

[HiFructosePronSyrup]

4. WTF?

[Commie Pinko Dirtbag]

7. Sex ba-a-a-a-a-a-ad! -nt

[HiFructosePronSyrup]

8. Or, black people, apparently.

[aikoaiko]

14. Actually I do consider having sex with underage girls bad -- how about you?

The sentence was wrong -- but he made his mistakes too.

Also in the context of things -- he was also charged with rape of an intoxicated girl of the age of consent. He was not convicted but seeing him on video have sex with the inebriated girl probably had impact on him being convicted on the other charge.

[Warren DeMontague]

15. He was 17. She was 15.

Jesus fucking christ. I don't know what your high school was like, but mine had a lot of "criminals" running around in it. :eyes:

[aikoaiko]

17. Maybe, but I was raised not to have sex with underage girls....its really very easy.

[Warren DeMontague]

28. Really? Even when you were an underage boy?

I know a lot of people who didn't have sex in high school, but most of them are intellectually honest enough to say that it's because they weren't getting any, and not because they were making some kind of high-minded moral statement.

So let me get this straight. In no uncertain terms: You think a 17 year old having sex with a 15 year old is a CRIMINAL. Right? You think that's a legitimate statement.

Furthermore, by your "underage girl" comments, am I to understand that you see no difference between a 17 year old having sex with a 15 year old, and a 35 year old having sex with a 15 year old?

How about if they were BOTH 15? Who is the criminal in that situation? Both of them?

[aikoaiko]

39. uhh yes, I don't know where you were brought up, but even when I was underage (

I knew better than to have sex with underage girls. Its sound like your community standard is different.

I agree with the current GA code that oral sex or intercourse with someone within 3 years of the underage person should be treated differently than somoene who is more than 3 years older. But yes, I still think it is worth while to not have 17 year olds having sex with others under the age of 16 as a general rule. It is and should be a misdemeanor. You have to draw the line somewhere. Where would you draw the line?

I don't know the answer to your last question.

[HiFructosePronSyrup]

41. Yeah, right.

[aikoaiko]

43. Yeah right what oh articulate one.

[HiFructosePronSyrup]

46. It's simple, and to the point.

Or, putting it another way: nobody believes you.

[aikoaiko]

51. Just because you did, doesn't mean we all did....

[HiFructosePronSyrup]

52. Oh, well, I'm sure plenty didn't.

But not for lack of will.

[hiaasenrocks]

47. Same as the subthread below. I see a pattern.

[Warren DeMontague]

79. I actually think 17 & 15 is pretty normal.

Where would I draw the line? I think, as a general rule, if both parties are under 18, of high school age, and there are no issues of non-consent or intoxication, it's pretty silly to call it a "crime".

[Karenina]

88. Did he just turn 17? Was she within a month of 16?

I NEED DETAILS DAMMIT!!! :silly:

[Commie Pinko Dirtbag]

40. IF you're also underage yourself -- no. Next question. -nt

[aikoaiko]

45. Ok so you agree with me, wilson was above the age of consent and the girl not.

Thanks.

[Commie Pinko Dirtbag]

82. I didn't know the AOC was 16, and I don't agree with you.

17 and 15 should not in any way, shape or form, be regarded as an adult having sex with a child, For that matter, neither should 19 and 17.

I still stick with my Animal Farm-inspired assessment of your position.

[aikoaiko]

9. Did you read the story?

He had intercourse with a very drunk girl, received oral sex from an underage girl, and videotaped the whole thing for posterity.

Not smart.

[HiFructosePronSyrup]

12. Did you read the story?

This kid's the victim here.

[aikoaiko]

16. Genarlow Wilson was the victim of an antiquated sentence and a nonsympathic legislature.

I agree with you.

But its not like he didn't do something wrong that got him in the jam in the first place. But like I said, if one wants to have sex with underage girls, sex with inebriated girls of age, and then videotape it, I think you can expect some consequences.

[HiFructosePronSyrup]

30. You're blaming the victim.

What a load of bullshit.

[aikoaiko]

42. No, I just don't support his actions that led him to be convictedin the first place

Do you?

[HiFructosePronSyrup]

44. I had sex with underage girls when I was a teen.

And I'm sure you would have too, if any of them would have gone out with you.

:shrug:

[aikoaiko]

49. I wouldn't brag about that depending on how old you were.

but if you have the need to... then by all means.

[HiFructosePronSyrup]

50. Bragging? Who's bragging?

What, are you jealous?

:rofl:

[aikoaiko]

53. Not jealous of you -- ashamed of you.

[HiFructosePronSyrup]

54. You're ashamed of me?

Why?

[aikoaiko]

58. I'm bowing out of these subthreads so they don't get locked

We obviously differ as to wilson's culpability and attitudes about having sex with underage teens.

adios.

[hiaasenrocks]

55. You're in a flame-war with someone who doesn't back up what they say.

Don't bother.

[Commie Pinko Dirtbag]

83. Where exactly is the statement that needs to be backed up? -nt

[hiaasenrocks]

87. Here:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1088247&mesg_id=1088659

[Commie Pinko Dirtbag]

118. Tell you what:

Punishing a black perpetrator for an offense against black victims harder than if both perpetrator and victims were white is, yes, still racism.

[Madspirit]

57. delete

Moved Down.....

[Warren DeMontague]

13. Yeah. And every 17 year old who ever had sex with a 15 year old is a criminal?

Wow. I'm glad these crazies weren't around when I was in high school. Good thing the statute of limitations is up.

[Rosemary2205]

11. Yeah, don't party with white girls.

:eyes:

[NaturalHigh]

19. Actually, the girls in the tape were black.

[hiaasenrocks]

21. Don't go ruining a good racism allegation with facts. C'mon.

;)

[Iris]

23. link?

I'm trying to find out what the facts are. As I mentioned in another post, the idea that the 15 yr. old was white has been widely encouraged.

[hiaasenrocks]

24. Been mentioned a few times in the local media.

Leaks, obviously, but it seems to be the prevailing conclusion.

[HiFructosePronSyrup]

33. As if it's not still racism.

[hiaasenrocks]

34. It is?

[HiFructosePronSyrup]

37. You don't think it is?

I've got a bridge in brooklyn going for a great bargain. Interested?

[hiaasenrocks]

38. Yes, I'm definitely interested....

in a fact-based argument that supports the notion that this the case was racist.

Your turn.

[HiFructosePronSyrup]

60. You're interested in racial disparity in criminal sentencing?

What, exactly, would you like to know?

[hiaasenrocks]

61. Nope.

You're alleging that this case was based on racism.

Back it up.

[HiFructosePronSyrup]

62. I'm alleging that because I'm not gullible.

The kid was sentenced to ten years for having consensual sex. I'm I supposed to believe he'd gotten that if he were white? Because I don't.

[hiaasenrocks]

66. OK.

I was curious as to whether there was any factual basis for the belief. I got the answer I was looking for. Thanks.

[HiFructosePronSyrup]

67. Have you got any factual basis in believing it's not?

I'm using Occam's Razor, what are you using?

[hiaasenrocks]

69. LOL.

Now we're at the point where someone alleges something and the standard of proof is whether someone else can prove that the allegation isn't true?

Brilliant.

[HiFructosePronSyrup]

73. Have you got a better explanation?

A black kid was given an absolutely absurd sentence for not doing anything wrong in a justice system well known for racial disparity.

So why do you think that was?

[hiaasenrocks]

75. What are the numbers?

Give me the stats you're using to determine that an African-American got a sentence, for this crime, in this jurisdiction, that a white guy wouldn't have. You seem to be of strong opinion on this, but what facts are you using with regard to this case?

[HiFructosePronSyrup]

80. You're asking for statistics on racial disparity in sentencing?

[hiaasenrocks]

86. Already said "Nope." One more try....

I'm asking you to provide evidence for your allegation that this case was tainted by racism.

Give it a try.

[LisaL]

90. The sentence was mandatory. Anybody convicted under that

law would have gotten a 10 year old sentence.

[ProudDad]

113. Factual Basis? How about these...

How about a bunch of studies that prove racial disparity in the U.S. legal system?

http://circuit9.blogspot.com/2005/02/new-study-on-racial-disparity-in.html

http://sentencing.typepad.com/sentencing_law_and_policy/2004/12/racial_disparit.html

http://www.ssc.wisc.edu/~oliver/RACIAL/RacialDisparities.htm

http://www.soros.org/initiatives/justice/articles_publications/publications/racial_disparity_20050128

http://www.associatedcontent.com/article/14237/racial_disparity_in_sentencing.html

"Racial disparity in sentencing is a problematic issue within the criminal justice system. There are of course people who would like to believe that it does not exist. Yet, there is substantial proof which shows that it does exist.

"There is a definite reason to be concerned about racial disparity in sentencing. According to the research of Marc Mauer, there has been an "unprecedented rise in the prison population over the past three decades a six fold increase, leading to the incarceration of nearly two million Americans." This can be broken down as follows:" One of every eight black males in the 25-34 age groups is locked up on any given day and 32% of black males born today can expect to spend time in a state or federal prisons if the current trends continue."

This with just a quick google...

[LisaL]

91. You can believe whatever it is you want to believe, but do you

understand what mandatory sentencing means?

[Rosemary2205]

70. Spend 5 minutes with the Monroe county prosecutors office -- Edit

and another 50 seconds in the Monroe county jail. There will be no doubt in your mind whatsoever.


Excuse me, I'm pretty sure Wilson was prosecuted and convicted in Douglas county. Which is an even worse example of my comments regarding Monroe county.

[hiaasenrocks]

74. And that will convince me about this case?

The point, obviously, is that we have people in this thread making all kinds of allegations...and they can't support them with any facts of the case.

Sorry. That just bugs me. I like facts.

[ProudDad]

115. Then check my post #113

You also miss an important point is was some asshole of a DA that decided what the charge would be...

There should be NO mandatory minimums -- they are part of the reason why there is such a racial disparity in sentencing -- there is a racial disparity in the decision of fucking DA's who to charge with what, who to persecute and how hard...

[Iris]

22. How do you know?

I'm not being sarcastic. It's kind of been portrayed in the media that she was white and that was part of the problem. I haven't seen the tape, and your post made me think maybe I just got that idea from the way the story has been told.

[NaturalHigh]

27. I read it a few months ago...

when this story first started to get more attention. No, I don't have a link available at the moment.

[Iris]

31. ok. Thanks anyway.

I'm going to try to figure it out. It's interesting how these things get sort of situated in the collective brain a certain way, isn't it? Anyway, thanks for making me take notice!

[Rosemary2205]

26. Whoooops sorry - brain fart. Got him confused with the Dixon kid.

Georgia throws so many black boys in jail for having consentual sex it's hard to keep them all straight. My apologies to the board.

[hiaasenrocks]

29. What is the racial breakdown of cases like that in Ga?

Thanks in advance.

[Rosemary2205]

35. I honestly have no idea.

But in 27 years of living in Georgia I've yet to see any media attention (even if just local) of a single white teenage boy thrown in jail for consentual sex and there's been so many black teenage boys sent to jail for it that I've long ago lost count.

I could swear the Wilson case involved white girls also but I'm willing to entertain the idea that I got a different case mixed up with it in my head.

[hiaasenrocks]

36. So it could be the media coverage, and not necessarily the

justice system in Ga.

[Rosemary2205]

63. I doubt it.

I've been involved with the juvenile court system for years in 4 different metro Atlanta, Georgia counties as a volunteer and as an emergency foster parent. If you assume I see racism around every corner, quite honestly I don't. There have been times others have cried racism and I vehemently disagreed -- but when it comes to prosecuting, convicting, and sentencing black teenagers the bias in Georgia is incredibly racist - it's gotten slightly better, but it has such a long way to go that I doubt the system in GA will stop being racist in my lifetime.

[hiaasenrocks]

71. I don't know either. Without stats, it's hard to tell. n/t

[Rosemary2205]

76. Like I said above

1 day in Monroe County Georgia and there won't be any doubt in anyone's mind it's pure racism.

[hiaasenrocks]

77. I responded. n/t

[entanglement]

103. Looks like we got ourselves a little Dixiecrat boy here?

[LisaL]

97. Marcus Dixon has been released a while back.

[Nia Zuri]

89. Of course the girl was white

Doy you think he'd get ten years for getting with a black girl, c'mon!

[LisaL]

93. Well, the law says nothing about race, and the girl was black,

actually.

[LisaL]

94. He didn't.

[valerief]

6. The justice system is retarded from the top down. That sentence made no sense whatsoever.

They were both practically the same age.

[LisaL]

95. That's the only sentence he could have gotten because it

was a mandatory sentence under the crime he was convicted of. Later on the law was re-written but it did not apply to him because it was not made retroactive.

[Catherine Vincent]

10. It's about time!

And I say compensate this boy for the two years he was in prison!

[Iris]

20. Good news. Thanks for posting this.

I've been away from the news this morning but have been following this story. I read an article about this last hearing in Friday's AJC and was hoping the judge would throw this out today. It's too bad he had to spend the 2 years in jail.

[razzleberry]

25. who is the nifong that benefitted from this travesty? .n/t

[High Plains]

32. I think we have a new verb. This kid got "nifonged."

[ComerPerro]

48. so I'm just curious here. Where the fuck is the "sex offenders should be tortured and beaten" crowd?

[MadBadger]

64. This kid is no sex offender.

[ComerPerro]

68. exactly, but they make no exception

[Commie Pinko Dirtbag]

84. See upthread. -nt

[ComerPerro]

85. ahhh

[Madspirit]

78. Ummm

I've never said "tortured and beaten", usually just fired...<g>..when it's been one of the teacher stories...but I weighed in below and am totally on the boy's side...
Lee

[ariesgem]

56. SH*T!!! Just In...The State Attorney General Just Filed an Appeal! It's Not Over....

They're not going to release him according to CNN. :mad:

[MadBadger]

59. Is this really Justice?

He is still sentenced to serve 12 more months that he should be serving. So one judge is slightly less intolerant than the other.

[Madspirit]

65. What a LOAD of Crap!!

I'm always one of the first ones to jump on the bandwagon when it's a...oh...28 year old and the girl is 14 or something but this was two KIDS, two years apart in age. He shouldn't have spent one second behind bars. Most states now recognize that, regardless of him being past the OFFICIAL age of consent, if there is less than a five year age difference and the sex was consensual...BFD. They did this so dads couldn't go around prosecuting young boys for doing the horizontal with their girlfriends, who happened to be underage but only a couple of years difference.

If he videotaped it without her consent, well, surely there is a misdemeanor charge more appropriate but you cannot tell me that a 17 year old boy should spend time behind bars for having sex with a girl two years younger than him.

Maturity-wise, according to psychology, a 15 year old girl and a 17 year old boy, are about equal. This is a horrible miscarriage of justice and the boy is the victim. He's a child.
Lee

[Madspirit]

81. PS

I just read that even the videotaping was consensual. Even if it wasn't, surely there was a more appropriate misdemeanor he could have been charged with but this boy should not have spent ONE SECOND behind bars.

Lee

[gollygee]

72. He's been in prison for this?

How terrible :(

Ideally kids would wait till older than 15 to have sex, but if a 15-year-old has sex with a 17-year-old, that's two kids having sex, NOT statutory rape. Statutory rape is an ADULT having sex with a kid. A 17-year-old and a 15-year-old are in the same basic range as far as sexual development goes. I thought someone had to be over 3 years older than the underage kid to be charged with statutory rape? That seems fair - a 19-year-old with a 15-year-old would be inappropriate. But still not as bad as a 30-year-old and a 15-year-old.

[LisaL]

98. The reason he went on trial is because 17 year old female at the

party (not the 15 year old) alleged she was raped.
He was not convicted of rape, but was convicted of having oral sex with a 15 year old. At the time of his conviction it was a felony and the sentence was mandatory.

[upi402]

92. Good for President Carter. What a contrast to *

Sheez!

[Up2Late]

99. This is Good, but I still don't understand why this is considered a Misdemeanor even....

...in a state where the "Age of Consent" is 16 years old!?!?

And it's only 16 years old as of about 20-25 years ago, before that it was still 14 years old!!!

For those who are confused about what an "Age of Consent" law is, it means that a Juvenile can get Married without the Parents Permission at 14 or 16 or whatever.

Even this "Misdemeanor Crime" law is such a blatant "crossing the line between Church and State..." type Law.

Or just Racism. The Boy is Black and I'm not sure about the girl, but I seem to remember hearing she was white. AND what happened to the "...not giving the boys name to protect his privacy..." like they usually do?
Is that "protection of privacy" only for white boys too?

Disgusting.

[LisaL]

100. Not giving the boy's name to protect his privacy?

What are you talking about? The press doesn't report the names of those who are alleging they are victims of sexual assaults. Since when does the press not report the names of the accused? And it's already been pointed out the 15 year old female was also black.

[Up2Late]

101. This may not be true everywhere, but in most states a juvenile's identity...

...is protected from the media spotlight, no matter if he's the accused or the victim, at least that's how I remember it. But you're right that, when it's an adult who is accused, usually it's only the victim who name is protected in a Sex crime. Maybe it's this "...prosecuted as an Adult..." thing that's happening here?

And thanks for the info that this isn't a Racist thing, this is a local story for me, so I haven't read much about this.

I guess Georgia is making a little progress in that area, though it's still happens here sometimes. Georgia has improved a lot in the 23 years I've lived here.

[LisaL]

102. I was just reading of a story where a bunch of teenagers are

accused of sexual assault. All of them are minors, white, and the press reported all of their names. They are 15, 16, 17 year old.
Also in the South.

[Up2Late]

104. Yeah, the laws are rather fluid here in the South.

But one of the worst examples I've seen is actually Colorado, did you catch the FRONTLINE show "When Kids Get Life"? If not, here's the links:

<http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/>

<http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/five/>

Colorado is really bad about the way they treat juveniles.

[RiDuvessa]

105. It's about time.

Everything I've read about this case says it's an overzealous prosecutor exploiting a poorly written law. It really says something messed up about a law when a person charged with a felony for oral sex would have gotten off lighter if he had actually had sex! I'm glad someone finally had some sense about this case.

[LisaL]

107. Everything I've read indicates to me he had gone on trial because

of a rape allegation by a 17 year old female.
The only reason the oral sex was discovered is because after 17 year old alleged rape, the police went to search the scene of alleged rape and found the tape.
I doubt he would have been charged with having oral sex if not for the rape allegations.

[RiDuvessa]

109. He was aquitted of the rape allegations.

Hence he was not guilty, hence he shouldn't be punished for it, hence the punishment was overharsh.

[LisaL]

110. Did I say he was punished for it? Of course he was not punished

for the alleged rape since he was found not guilty, and I never claimed otherwise.

[RiDuvessa]

111. I guess I don't understand what your point was then.

The rape allegations have nothing to do with the crime he was actually convicted of.

[LisaL]

112. I don't think he would have been tried for having oral sex if not

for rape allegations. However, even though he was found not guilty of rape, once he was convicted of having oral sex, the sentence was mandatory. The judge could have not given him a shorter sentence.

[RiDuvessa]

114. Because of the way the law was written

He could have been prosecuted whether or not he was accused of rape. I still say the law is ridiculous, and the sentence for the crime is ridiculous. The law was written to prosecute child molesters, and this was proven when the State Legislature changed the law because of this conviction. This crime was not what that law was written for.

[LisaL]

117. The State Legislature might claim all they want the crime was

not what the law was written for. However, if they did not want 17 year olds charged for having oral sex with 15 year olds, they could have put an age difference in the law, like most statutory rape laws have.
If they only wanted those over 18 (or 21, or 35, or whatever age) charged with having oral sex with 15 year olds, it could have been written into the law. It seems to me the way the law was written, it applied to Wilson's situation. It also appears that after the State Legislature changed this law, they could have made the change retroactive (which then would apply to Wilson), but they did not.

[ProudDad]

116. Not after some fucked up DA

trumped up a new bogus charge to get the kid on. And the kid wouldn't "make a deal", fucking DA's hate that.

Beware DA's who don't get what they want... And they're in charge -- not the legislatures, not the judges and CERTAINLY not the defense attorneys.

It's a real fucked up system and any nodding acquaintance it has with that quaint notion, "justice", is purely accidental.


The judge could have vacated the conviction in the interest of justice but that would have taken more courage than most judges have.