The Second Genarlow Issue

Full story: WXIA Atlanta

Monday 7/23/07 8:00 PM After the Georgia Supreme Court heard arguments in the Genarlow Wilson case, much of the media attention was on the question asked by Justice Carol Hunstein and repeated by Chief Justice ...
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1 - 4 of 4 Comments Last updated Jul 25, 2007
HHT

Redwood City, CA

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#1
Jul 24, 2007
 
Like many, I have been frustrated and saddened by the failings of our system in this case. It is abundantly clear that the Child Protection Act was never intended to be used against teens close in age experimenting with sex. The 15-year old girl and her mother have stated from the outset that the fellatio was consensual, Wilson didn't force her, and she knew exactly what she was doing. In fact, if I'm not mistaken, there was testimony at trial that she was the only sober individual at the unchaperoned party.
This case demonstrates the far-reaching prosecutorial discretion of a District Attorney. He or she possesses the ultimate power to decide whether a minor falls under the juvenile system. Whether Wilson was charged with an adult crime, he was still a minor. Who's there to protect a minor from a District Attorney who has no regard for the legislative intent of the Child Protection Act? Was a 17-year old Wilson supposed to know that having fellatio with a 15-year old classmate was a felonious act and would land him in prison for 10 years with a requirement to register as a sex offender the rest of his life?
I know ours is the best system in the world, but it is far from perfect. And as far as I can tell, there's more work to be done to protect our children when they enter the system. Perhaps both the juvenile courts and DJJ should make recommendations before a minor can be charged with a felony (most especially one of the "Seven Deadly Sins" carrying a mandatory sentence). A travesty of justice has occurred in the Wilson case. I'm certain there would have been a more positive way to handle the "sin" of Wilson than what we have witnessed thus far. With the whole world watching, maybe the Georgia Supreme Court can find a way out of this legal mess and free Wilson soon.
Mike

Douglasville, GA

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#2
Jul 24, 2007
 
Let the man go... this article clearly said that "Supporters of the bill say it's specifically designed to prevent the "floodgate" effect that Keen fears; because it leaves the sentence reduction power in the hands of the judges who imposed the original sentences: the judges who are most familiar with the individual cases. And, it would be case-by-case."

This is a case by case basis, isn't it? Whats the big deal here? He was sentenced to 10 years for doing something that was "ALLOWED" by the person he was doing it to. She gave him "permission." This is stupid that our tax dollars are being wasted over rather or not this individual should be released.. RELEASE him already! Look at the facts! Who cares about the rest of the people in prison right now? Lets just FOCUS on this one case and stop bringing up everyone elses... geez!
Army Dawg

AOL

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#4
Jul 25, 2007
 
Consensual? Why is it that apologists for Genarlow cant understand that 16 is the age of consent in Georgia. With his victim being 15 at the time of the incident, no consent can be given to have sex, regardless of what they might want to do or might say. At least if you are going to continue to squawk for his release from jail, know even the most basic aspects of Georgia law.

Since: Jun 07

D'ville, GA

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#5
Jul 25, 2007
 
Raping a 17 year old girl and then involving a 15 year old is not experimenting with sex, it is a criminal act.

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