Judge: No 10-year sentence for teen sex

[almaty 19]

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 state attorney general, however, said he would appeal.

The judge in his ruling Monday threw out Genarlow Wilson's 10-year sentence and amended it to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served.

Under the ruling, Wilson, who has been behind bars for more than two years, would be released and would not be required to register as a sex offender.

"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," wrote Judge Thomas H. Wilson, no relation to Genarlow Wilson.

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 term.

"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," the judge wrote.

Wilson's defense lawyers were ecstatic as the ruling came in. But lawyer B.J. Bernstein later announced that the attorney general's office had filed notice of appeal, which she believes it meant to put a stop to Wilson's immediate release.

She said she plans to look into filing 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 attorney general's office did not immediately comment.

A Georgia Department of Corrections spokeswoman said the agency cannot take any action regarding Wilson nor comment on his case until it receives a copy of the judge's order. Wilson's lawyers said they expected to talk with prison officials in the afternoon.

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

"I just feel like a miracle happened," said Wilson's mother, Juannessa Bennett.

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 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.

[SteveLaura 0]

What precisely is the point of locking this man up?

[William33 110]

17 and 15, neither one an adult...

What am I missing here?

Judges have way too much lattitude.

[^KK^ 3]

They just wanted something to do....The should be concentrating on serious matters. They were both young...he was only 17.

[Jenn! 918]

I wonder why the AG is so hell bent on keeping him in.

[mawilson 2,133]

I wonder why the AG is so hell bent on keeping him in.

Because he is an overzealous аsshole?

[Sinergy 3]

I thought it was a bit too steep for this guy to get 10 yrs for oral sex with someone who was ONLY 2 yrs younger than him AND the fact neither of them were adults at the time.

[~Nini~ 2]

I remember a friend showing an article from ESPN about him. Sad that he lost a chance at college football and further aspirations because of this.

[Autumnchik 6]

Makes you shake your head, doesn't it?

When I was working in Georgia (as a therapist), I witnessed random applications of the statutory rape law. One instance that stands out in my mind was a case of a 15 year old and 32 year old having sex. The ADA in the rural county said that if would only be prosecuted if the parents chose to press charges (they didn't So NOTHING HAPPENED. Just one example; saw several cases like that. On the other side of things, I also saw 17 and 18 year olds being prosecuted for statutory rape after having sex with their 15 year old girlfriends (because the parents chose to proceed with legal charges).

[Robor007 0]

Hmmm... This happened in GA huh? I see that Genarlow Wilson is a black kid. Was the female 'victim' white? Either way, it's BS this kid spent 2 years of his life behind bars for consensual sex with a girl 2 years younger than him. The judge should be fired and banned from practicing law in the US.

[deemabrouk 0]

granted i dont know the Personal story.. but that looks like a high school senior.. messing around with a freshman? Both parties consenting... and now this kid gets "misdemeanor aggravated child molestation "...

that SUCKS

[homesick_american 1]

17 and 15, neither one an adult...

What am I missing here?

Judges have way too much lattitude.

It's the state AG who is messing things up though, isn't it? I can't believe he was charged in the first place; surely the local DA would make the decision to actually prosecute.

[almaty 19]

sounds like the judge was up-tight, probably over the lack of his own bjs

[MissStacey 1]

sounds like the judge was up-tight, probably over the lack of his own bjs

and he probably didn't "get any" in High School.

[Nancy2015 2]

17 and 15, neither one an adult...

In GA the age of consent is 16.

...which doesn't mean that I think there's anything wrong with a 15-year old and a 17-year old having sex.

Edited June 11, 2007 by Jewel12