Georgia Court Frees Man in Teen Sex Case

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FORSYTH — 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 spent two years behind bars in the case that led to widespread protests of racism and heavy handed justice.

"I was in total disbelief," Wilson told reporters outside the prison. "I'm finally happy to see we've got justice now."

Wilson, 21, also said he wants to help other teens and offered some advice: "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 had 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 in prison.

Supporters including former President Jimmy Carter said the case raised troubling questions about race and the justice system. Wilson and the girl are both black.

Wilson, a former honor student and homecoming king, was convicted of aggravated child molestation after he was videotaped having oral sex with a 15-year-old girl at a 2003 New Year's Eve party in a hotel room. He was 17 at the time.

Wilson 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.

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

Rep. John Lewis, an Atlanta Democrat, said: "Each day that this young man spent in prison was a day too long."

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."

Wilson said he plans to return to school and sports and possibly study sociology. For now, he was looking forward to spending time with relatives.

"I feel I've been away from them long enough," he said. "At times, we've dealt with adversity. Now my family, we finally get to deal with happiness."

___

Associated Press writers Dorie Turner in Atlanta and Ben Evans in Washington contributed to this story.

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{"commentId":1131752,"authorDomain":"thelimeybrit"}

Finally. I would say that there's hope for Georgia yet, but given the fact that they put him away in the first place, I'm not so sure.

{"commentId":1131752,"threadId":"167409","contentId":"1051481","authorDomain":"thelimeybrit"}
  • 5 votes
Reply#1 - Fri Oct 26, 2007 11:31 AM EDT
{"commentId":1132293,"authorDomain":"nikitab"}

Finally! It's about freaking time!!!!

Who are the dissenting judges who voted against?

{"commentId":1132293,"threadId":"167409","contentId":"1051481","authorDomain":"nikitab"}
  • 3 votes
Reply#2 - Fri Oct 26, 2007 2:25 PM EDT
{"commentId":1132452,"authorDomain":"uspolitics"}

Yes! It's SO past time! Not surprising:

The man who prosecuted Wilson, Douglas County District Attorney David McDade, said that while he disagrees with the court's decision, "I also must respect their authority as the final arbiter in this case."
{"commentId":1132452,"threadId":"167409","contentId":"1051481","authorDomain":"uspolitics"}
  • 1 vote
Reply#3 - Fri Oct 26, 2007 3:19 PM EDT
{"commentId":1132455,"authorDomain":"GreyWolf"}

Yes, finally! Hoorah.

"Douglas County District Attorney David McDade, said that while he disagrees with the court's decision,..."
Wrongheaded right to the end!

{"commentId":1132455,"threadId":"167409","contentId":"1051481","authorDomain":"GreyWolf"}
  • 1 vote
Reply#4 - Fri Oct 26, 2007 3:22 PM EDT
{"commentId":1132456,"authorDomain":"uspolitics"}

Also, NY Times

{"commentId":1132456,"threadId":"167409","contentId":"1051481","authorDomain":"uspolitics"}
  • 1 vote
Reply#5 - Fri Oct 26, 2007 3:22 PM EDT
{"commentId":1132464,"authorDomain":"firsty"}

hey why doesnt newsvine treat breaking news from its writers with a higher priority than breaking news from AP? i posted this story hours ago!

{"commentId":1132464,"threadId":"167409","contentId":"1051481","authorDomain":"firsty"}
  • 1 vote
Reply#6 - Fri Oct 26, 2007 3:25 PM EDT
{"commentId":1132621,"authorDomain":"mubarak-hussein"}

Maybe because you seeded 31 minutes after this (AP) story.

{"commentId":1132621,"threadId":"167409","contentId":"1051481","authorDomain":"mubarak-hussein"}
    #6.1 - Fri Oct 26, 2007 4:18 PM EDT
    Reply
    {"commentId":1132524,"authorDomain":"200MilesUp"}

    Wowee!! Justice at last for Genarlow.

    {"commentId":1132524,"threadId":"167409","contentId":"1051481","authorDomain":"200MilesUp"}
    • 1 vote
    Reply#7 - Fri Oct 26, 2007 3:44 PM EDT
    {"commentId":1132546,"authorDomain":"abowhite45"}
    That judge had called the 10-year sentence a "grave miscarriage of justice."

    This is putting it very mildly. This young man has been scarred for life. I believe because he is an upstanding individual who has great perseverance he will make it. I along with other young men back in my day at the tender ages of 16&17 years old dated girls who were 15&16 years old. I never knew anything about a law that dictated if you were a male or female and 17 years old could not date someone in your high school who was 15 years old or you could be charged with a felony and sent to prison. They would have to lock up half the high school population in Georgia then because they are all doing it. I'm glad someone with some sense changed the law, because I'm sure if they were to really look into this crazy law they would find many of the Georgia legislators teen sons and daughters are in violation. They should not have charged this young man with this broken law, instead he should have been given a warning and educated on the fact of this being a law on the books. I'm sure he would have spread the word among his peers. Shame on you Georgia....I hope you are "State" enough to stand up to your over kill on this law and the havoc you inflected on this young man and his family. Understanding that you cannot give him back his precious teen years but a great compensation to that is "money" pay the man.

    {"commentId":1132546,"threadId":"167409","contentId":"1051481","authorDomain":"abowhite45"}
    • 3 votes
    Reply#8 - Fri Oct 26, 2007 3:51 PM EDT
    {"commentId":1132627,"authorDomain":"mubarak-hussein"}

    Great news.

    A bit of solace in the fact that he had to spend "only" 2 years unlike this poor guy who spent 20 years for no crime.

    {"commentId":1132627,"threadId":"167409","contentId":"1051481","authorDomain":"mubarak-hussein"}
      Reply#9 - Fri Oct 26, 2007 4:20 PM EDT
      {"commentId":1132824,"authorDomain":"iarnuocon"}

      This is welcome news. It comes as no surprise that there are some people in Georgia who see his release as a miscarriage of justice, but it is Georgia, isn't it? Apparently they don't teach the fact that the judiciary is meant to act as a check on the legislature in Georgia. And it is engineered so, precisely because of cases such as this.

      Now if only McDade and Baker can suffer at the hands of the electorate, come the next round of voting.

      Although I won't be holding my breath.

      I also think we should applaud the members of Newsvine's Justice for Genarlow Wilson group, and especially vas (who started that group), who have done their part to try to keep this story alive and in front of the public, as well as all those others around the country who have taken the time to put some pressure on Baker, et al, to allow justice to be done.

      {"commentId":1132824,"threadId":"167409","contentId":"1051481","authorDomain":"iarnuocon"}
      • 2 votes
      Reply#10 - Fri Oct 26, 2007 5:31 PM EDT
      {"commentId":1142745,"authorDomain":"pev"}

      I didn't know Newsvine had a Genarlow Wilson group. Wish I'd known; I would have been part.

      I'm so glad he's been released. Although the article doesn't say, I assume this means his charges are dismissed and he won't be branded a sex offender -- which is why he refused a deal in the first place.

      It's about damn time.

      {"commentId":1142745,"threadId":"167409","contentId":"1051481","authorDomain":"pev"}
      • 1 vote
      #10.1 - Tue Oct 30, 2007 5:03 PM EDT
      Reply
      {"commentId":1132842,"authorDomain":"omanofass"}

      I hope he will get an opportunity to play football in college somewhere, as I believe he was on track to do before this all went down. He's a little bit older, and probably a good bit rusty, but it would be nice if he were to get that chance. It's nice to see justice finally prevail. I hope he has some recourse civilly, not unlike what the Duke players went through. I know that in this case, the law was the law, and the proof here showed him being fellated, but the fact is, he will not get his life back for something which was the result of someone with an axe to grind, for sure.

      Good luck, Genarlow.

      {"commentId":1132842,"threadId":"167409","contentId":"1051481","authorDomain":"omanofass"}
      • 2 votes
      Reply#11 - Fri Oct 26, 2007 5:39 PM EDT
      {"commentId":1133021,"authorDomain":"chasencash"}

      unbelievable

      {"commentId":1133021,"threadId":"167409","contentId":"1051481","authorDomain":"chasencash"}
        Reply#12 - Fri Oct 26, 2007 6:57 PM EDT
        {"commentId":1133292,"authorDomain":"JayMathur"}

        Ok hold on,

        He got 10 years for oral sex? It was consent and it appears they were both under 18, how is that illegal?

        {"commentId":1133292,"threadId":"167409","contentId":"1051481","authorDomain":"JayMathur"}
        • 1 vote
        Reply#13 - Fri Oct 26, 2007 9:28 PM EDT
        {"commentId":1133473,"authorDomain":"chasencash"}

        I think it may have been illegal but it appears so petty when you consider the kinds of crimes being committed and the victims of those crimes. Lets just say this crime does not appear to have a victim and is an example of a misuse of power and of resources. They should be searching for criminals not beating down kids who make mistakes, this is so crazy really when you think this kid had an opportunity to do something very few have an opportunity to do, and because he did what teens are just doing - the law did not use its discretionary powers to put this in perspective.

        {"commentId":1133473,"threadId":"167409","contentId":"1051481","authorDomain":"chasencash"}
          Reply#14 - Fri Oct 26, 2007 11:23 PM EDT
          {"commentId":1133792,"authorDomain":"dustymuffin"}

          Based on the the comments thus far I'm sure this is going to be an unpopular thought but I agree with the dissenting justices. I don't agree with the law or with the notion of a kid going to jail for getting a BJ - but it isn't the court's job to undo laws they don't agree with.

          I'm glad the kid is out of jail - but I am fearful of governments that rewrite the rules as they go along.

          {"commentId":1133792,"threadId":"167409","contentId":"1051481","authorDomain":"dustymuffin"}
          • 1 vote
          Reply#15 - Sat Oct 27, 2007 8:30 AM EDT
          {"commentId":1134041,"authorDomain":"GreyWolf"}

          "- but it isn't the court's job to undo laws they don't agree with."

          Excuse me, but that is exactly a higher court's purpose.

          {"commentId":1134041,"threadId":"167409","contentId":"1051481","authorDomain":"GreyWolf"}
          • 2 votes
          #15.1 - Sat Oct 27, 2007 11:48 AM EDT
          Reply
          {"commentId":1134913,"authorDomain":"chasencash"}

          Yeah sorry, I am with Wolf, A higher Court serves exactly that purpose because mistakes are made in terms of the spirit of a law and the commission end enforcement of those laws - the Law is made by community needs but needs challenging when it functions contrary to the interest of the public.

          {"commentId":1134913,"threadId":"167409","contentId":"1051481","authorDomain":"chasencash"}
          • 3 votes
          Reply#16 - Sat Oct 27, 2007 8:16 PM EDT
          {"commentId":2318267,"authorDomain":"howdydu"}

          Yeah, im sure the judges have a grudge agains black kids. How stupid. Nothing can happen to a black person in the law without the race card being played. Get over it. Crap happens to white people in court systems as well. Racism will never die as long as people keep picking its scaps..let it go people. Society is more ready than you think to move on. The world doesn't need black leaders to cry party foul and act as watch dogs for everyone else when their own community is really not doing so much to lift themselves from self loathing, self loathing and lower socioeconomic status...GET OVER IT! Just a rant and rave. Peace.

          {"commentId":2318267,"threadId":"167409","contentId":"1051481","authorDomain":"howdydu"}
            Reply#17 - Wed Jul 30, 2008 6:02 AM EDT
            {"commentId":2320032,"authorDomain":"GreyWolf"}

            "...black leaders to cry party foul and act as watch dogs for everyone else when their own community is really not doing so much to lift themselves from self loathing, self loathing and lower socioeconomic status..."

            Wow! You created an account just to stop by this old story and make a racist rant? That's dedication.

            And this is your comment about a young man who was being recruited by Columbia, Brown, the Citadel, etc. I'd hate to see your fangs for somebody who wasn't a "top scholar-athlete".

            {"commentId":2320032,"threadId":"167409","contentId":"1051481","authorDomain":"GreyWolf"}
              #17.1 - Wed Jul 30, 2008 11:08 AM EDT
              Reply
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