17 yr old boy sentenced to 10 yrs for having consensual sex with 15 yr old girlfriend

[Terminator]

ATLANTA (AP) — The Georgia Supreme Court has turned down an appeal from a teen who was sentenced to 10 years in prison for having sex with a 15-year-old.
In a ruling released Friday, the court denied a motion for reconsideration filed by lawyers for Genarlow Wilson, who was 17 when he and the 15-year-old engaged in consensual oral sex. He was sentenced for aggravated child molestation.
Wilson’s case was one of two cases that were cited earlier this year when lawmakers passed a law that otherwise strengthened penalties for sex offenders, but reduced the penalty from a felony to a misdemeanor for some teenagers convicted of sodomy.
Presiding Justice Carol Hunstein noted that in easing the penalties for teens, ‘‘the Legislature expressly chose not to allow the provisions of the new amendments to affect persons convicted under the previous version of the statute.’’
Hunstein added she was ‘‘very sympathetic to Wilson’s argument regarding the injustice of sentencing this promising young man with good grades and no criminal history to 10 years in prison without parole and a lifetime registration as a sexual offender because he engaged in consensual oral sex with a 15-year-old victim only two years his junior,’’ but said the court was bound the by limits set by the Legislature.


Do you think this is wrong, excessive, or unfair? Vote in the poll.

[Jackalope]

While children having sex is certainly inappropriate, I don't think it should be criminal. What 17 year old isn't trying to get laid?

I wonder if the girl's parents had a significant role in getting the boy arrested. A case where they couldn't bother to supervise her activities, but they find time to ruin a kid's life, perhaps?

[Beans]

Here in Missouri that would not be a crime. In fact a 20 year old can have sex with a 14 year old and it is no crime. A 21 year old can not have sex with anyone under 17 or it is statutory rape. There has been many a time where a parent has come in wanting to report their 15 year old daughter having sex with her 19 year old boyfriend and I have to tell them sorry, call your lawmaker.

[Piggybank Cop]

And the girl goes to jail for contributing to the delinquency of a minor?



Girls always get over; tain’t fair.

[dadyswat]

In Ohio he would be lucky to score, no crime.

[E-man]

I dont think it would be much a crime in PA either. For a sexual rape or statuatory rape to occur the female under 16 and the male has to be 4 or more yrs older. So a 17 and 15 y.o. is probably a misdemeanor sex crime at best.

[armygrnt502]

No crime here either. In KY the age of consent is 16 so once they hit that age, we are hands off (unless they are mentally challenged or ward of the state type of thing).

Misd. here tops.

[zap]

Misread the poll question...it IS absolutely unreasonable as the circumstances are presented

[121Traffic]

So let me get this straight...this kid does something that thousands of HS kids around the country do or try to do every single day of the year. He is lucky enough to score, but dumb enough to get caught. He gets good grades, has never been in trouble with the law, and appears to have a positive direction in life. What does the state do? Sorry..what does some RETARD FUCKING JUDGE DO? They put him in prison with all the other REAL animals, and now he will undoubtedly be an animal himself after 10 years in the pen.

This type of shit validates criminals' view that the CJ system is FUCKED.

[TheOldRhino]

And the girl goes to jail for contributing to the delinquency of a minor?

Exactly. I've only worked one call where a 15 year old girl, in an arguement with her mother, told her she had sex with her 17 year old boyfriend.

Of course the parents wanted blood. So I agree to charge the 17 year old with statutory rape, after I charged their daughter with Adultry and sodomy (since she admited to giving the boy a BJ)- both crimes in GA (yay Bible belt). The parents decided not to prosecute.

Amazing how that works. I agree with Top- what's good for the goose, is good for the gander. I had a cousin spend 6 years in prison for a similar situtation and although I agree it's wrong, the punishment in these cases does not fit the crime. I'd appeal the decision based on violation of his 8th amendment rights.

[cntryboy0531]

After getting to think about it more, I agree that it's excessive. At first I was not sure, but getting to think about it, it's only a two year difference in age, and both kids are in high school. This should be a parenting issue, not a criminal one.

However, here in this state, it's criminal, a felony.

[Standard Dave]

Technically it would be an offence in England and Wales but I can't see it ever being prosecuted as the girl would have to make a complaint and also give evidence.

If both parties had given true consent and there were no issues over mental disablities or similar then 10 years is extremely excessive. This sort of case just makes a mockery of the systems put in place to protect kids.

The problem here is that cops and judges haven't been allowed to make an informed common sense solution

[spcwes]

Exactly. I've only worked one call where a 15 year old girl, in an arguement with her mother, told her she had sex with her 17 year old boyfriend.

Of course the parents wanted blood. So I agree to charge the 17 year old with statutory rape, after I charged their daughter with Adultry and sodomy (since she admited to giving the boy a BJ)- both crimes in GA (yay Bible belt). The parents decided not to prosecute.

Amazing how that works. I agree with Top- what's good for the goose, is good for the gander. I had a cousin spend 6 years in prison for a similar situtation and although I agree it's wrong, the punishment in these cases does not fit the crime. I'd appeal the decision based on violation of his 8th amendment rights.

+1, could not have said it better unless I told Rhino to say this and he did!! Glad I thought of that!!!

[kay88]

This should be a parenting issue, not a criminal one.

+1, something just tells me that something is not right with it....

[DirtRoadDeputy]

I don't think that the punishment fits the crime but in Ga 17 is considered to be an adult.

[kingpervis]

Are there any federal issues at play here that he could take to the U.S. Supreme Court? They could perhaps argue that sodomy laws violate the 4th Amendment Right-to-Privacy, or that 10 years violates the 8th Amendment.

I think all statutes relating to sodomy, adultery and what not should be repealed. It's stupid. In Minnesota, oral sex (sodomy) is still a misdemeanor. So is "fornication" (two unmarried people having sex).

Grrr. Stupid laws. They are never enforced, but still....

[KaiGywer]

Are there any federal issues at play here that he could take to the U.S. Supreme Court? They could perhaps argue that sodomy laws violate the 4th Amendment Right-to-Privacy, or that 10 years violates the 8th Amendment.

I think all statutes relating to sodomy, adultery and what not should be repealed. It's stupid. In Minnesota, oral sex (sodomy) is still a misdemeanor. So is "fornication" (two unmarried people having sex).

Grrr. Stupid laws. They are never enforced, but still....

I love our Minnesota laws. The man can pretty much have sex with any female, but a female can only have sex with her husband...kinda funny

[OFK]

While children having sex is certainly inappropriate, I don't think it should be criminal. What 17 year old isn't trying to get laid?

I wonder if the girl's parents had a significant role in getting the boy arrested. A case where they couldn't bother to supervise her activities, but they find time to ruin a kid's life, perhaps?

10 years for a blow job? What a waste.

[Jackalope]

I think all statutes relating to sodomy, adultery and what not should be repealed. It's stupid. In Minnesota, oral sex (sodomy) is still a misdemeanor. So is "fornication" (two unmarried people having sex).

Just because a law is called "Sodomy," it doesn't mean that the act defined by the dictionary is illegal.

ORS 163.405 Sodomy in the first degree. (1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:
(a) The victim is subjected to forcible compulsion by the actor;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or
(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
(2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4]

As you can see, "sodomy" is a crime, but not if it's between consenting adults.

[Star Man]

It's pretty excessive. It's technically a crime here but the DA would drop it FAST, knowing it was excessive....