Court: Teen-sex sentence 'cruel and unusual' punishment

[Tim]

ATLANTA, Georgia (CNN) -- The Georgia Supreme Court on Friday ordered that Genarlow Wilson be released from prison, ruling 4-3 that his sentence for a teen sex conviction was cruel and unusual punishment.
Wilson was convicted in 2005 of having oral sex with a consenting 15-year-old girl when he was 17.
He has served two years in prison.
Wilson's attorney, B.J. Bernstein, told CNN that he can be released as soon as a Monroe County judge issues a new order and it is served to the attorney general and the department of corrections.
"That's coming at any moment," Bernstein said, adding that she called the prison warden, who has informed Wilson of his pending release, which could come "some time today."
"We want him home," Bernstein said. "In the end it shows this: That the courts can work, the courts do work."

At the time of Wilson's conviction, Georgia law made the crime punishable by 10 years in prison. The law was later amended, making such conduct "punishable by no more than a year in prison and no sex offender registration," the court noted.
But those changes were not made retroactive, so they did not apply to Wilson.
more...

At the end of the article it says this...

Wilson's jubilant attorneys had hoped that ruling would free him from state prison. But shortly after it was handed down, Georgia Attorney General Thurbert Baker announced he would appeal the decision, a move that kept Wilson behind bars.

WTF, they are going to try to get this over turned so the kid stays in jail???
They already changed the law because a 10 year sentence without parole was too harsh for minors having oral sex... they just didn't make it retroactive for this kid...
This attorney general needs a reality check...

 

[Homer]

how screwed up is this country getting it almost seems like one state is incouraging sex and another wants to hang you for it , i mean nowadays 15/17 don't even seem so bad .

 

[Tim]

I have no problem making it a crime, but it should be a misdemeanor and not a felony with a mandatory 10 year sentence with no chance at parole, and you are registered as a sex offender.... WTF
a little harsh?

 

[Homer]

i know what you mean Tim the lives of to many people are ruined by having children when they are to young, it's like babys having babys anymore , it's so sad to see/hear about so many kids with no father in their life .

 

[Thebest]

...sometimes I really, really hate this country. I can't believe a guy was supposed to get 10 years in jail and is labeled a sex offender for having sex with a girl who CONSENTED with it?

freakin stupid.

 

[Homer]

their are to many mixed messages being sent to kids today you have this case and then you see where they want to give birth control to preteens .:smiley24:

 

[Peter Parka]

Too stupid! Yes, it was wrong but years in prison for it? Its just a misdemeanor, like Tim said, really.

 

[NightWarrior]

I hope that punani was some good punani. No doubt he has become well versed with his "oral" skills now.

 

[Tim]

He didn't even have sex. He got 10 years for getting a blow job.....

 

[TheOriginalJames]

Children and Youth Coordinating Council: Statutory Rape Law

It says here that his prison sentence could have been 1-20 years, but it also states;

[FONT=Verdana, Arial, Helvetica, sans-serif]

[FONT=Verdana, Arial, Helvetica, sans-serif]If you have sexual intercourse with any person under the age of 16 years, you will have committed statutory rape.[/FONT]

IMO, the sentence was fair.[/FONT]​

 

[Peter Parka]

He didn't even have sex. He got 10 years for getting a blow job.....

Did you used to write Bill Clintons statements for him?:jk

 

[NightWarrior]

He didn't even have sex. He got 10 years for getting a blow job.....

Here I was thinking he was doing the eating...

Man I sure am glad I didn't get caught when I was 17.

 

[dt3]

Children and Youth Coordinating Council: Statutory Rape Law

It says here that his prison sentence could have been 1-20 years, but it also states;

[FONT=Verdana, Arial, Helvetica, sans-serif]IMO, the sentence was fair.[/FONT]​

No way, can't agree with ya there.

 

[redsMULLT1]

Thats insane. This kids life is pretty much ruined now by the system.

 

[TheOriginalJames]

No way, can't agree with ya there.

He broke a law, and he got half the maximum sentence.

 

[dt3]

He broke a law, and he got half the maximum sentence.

He broke a law, yes. But why would the judge sentence him to 10 years? If one was an adult, even 18-15, then yes. But the sentence was over the top.

 

[TheOriginalJames]

He broke a law, yes. But why would the judge sentence him to 10 years? If one was an adult, even 18-15, then yes. But the sentence was over the top.

That doesn't matter. The law in Georgia says 17 is the age of consent.

 

[dt3]

That doesn't matter. The law in Georgia says 17 is the age of consent.

So why not put the kid on probation since it was a first offense and he was a minor? Or even sentence him to a year.

A high school junior dating a high school freshman shouldn't be a 10 year crime.

 

[redsMULLT1]

So why not put the kid on probation since it was a first offense and he was a minor? Or even sentence him to a year.

A high school junior dating a high school freshman shouldn't be a 10 year crime.

I agree 100%

 

[Homer]

you don't want to get caught in anything but straight sex in some of those southern states they'll lock you up just for being gay in your own home.