Teen labeled child Molester after orgy

[APH-Alex]

If she wanted to suck on his penis, then it should be fine. What's the problem? Unless he forced her...

[gigapixels Veteran]

If she wanted to suck on his penis, then it should be fine. What's the problem?

:rofl:

[KNIGHT]

He deserves the rape charge regardless tho.

Actually, he was arrested for raping the 17 year old girl. However, unlike the other boys at the orgy, he took it to trial. After reviewing the 6-hour video tape, the jury concluded that he did not rape either the 15 or 17 year old. The only sexual contact he had with the 15 year old was the BJ (if what I've read is correct). The 15 year old even testified that she consented to the sex act.

[Kushan]

Anyone else find it funny that Kushan couldn't be bothered to even read down to the 5th post in the thread?

I actually skimmed over the first page and just didn't notice that one post. Come on, a forum the size of Neowin? You can't expect people to read every single post there is in full.

Either way though, sucks for this guy, he was just doing what kids his age do and if I was him, his age and in his position at the time, I can't be sure that I wouldn't have done the same.

[Jeremy1]

Come on, a forum the size of Neowin? You can't expect people to read every single post there is in full.

I don't expect that. But if you're going to post in a thread that's only one page long, I don't think it's too much to at least understand the content of each post if not reading them all in full.

[Typhon]

I don't expect that. But if you're going to post in a thread that's only one page long, I don't think it's too much to at least understand the content of each post if not reading them all in full.

I have a brother named Jeremy.

Back on topic if he did not rape anyone then send him home and thats that.

[P!P]

The laws there aren't representative of laws in the rest of the states. Here in Minnesota, it's 16 years old for consenting OR within 3 years. So the guy would be fine. My girlfriend and I are close to breaking those laws but just within it. So I can understand this guy's viewpoint. 15 and 17 isn't that bad.

[Toology]

I realize that sex between a 15 & 17 is not that bad but where do you draw the line?

You draw the line when you come to it. Drafting blanket, sloppy laws that don't allow for special circumstances or exemptions (like a consenting 15 y/o with a 17 y/o) is what creates ridiculous cases such as this.

[ScottKin]

dude, shut up. really. who the hell didnt have sex at a young age? obviously not you.

he didnt ignore anything, he was just a kid doing what alot of kids do without even realizing theres laws against it.

besides these ages of consent for sex is more like the law for turn signals. its only there to bust the real criminals.

i hope he gets out soon, and sues the **** out of the government for ruining his life.

adversedeviant: just because you or others can't either keep it in your/their pants or keep your/their pants or skirt on doesn't mean that EVERYONE in the world hasn't or didn't have sex at a young age. Just because you give-in to your base desires and throw caution to the wind doesn't mean that others chose chastity over having sex.

As for me, I chose chastity and was a virgin until I was married (I'm 47 and have a wonderful wife and 5 kids) - and I'm so thankfull that I did: a few of my friends who didn't now have STDs or AIDS/HIV because they couldn't exercise something called SELF-CONTROL. A lot of them had kids before they were married, and that's a huge strain on their lives when they were so young.

There is a very simple way to erradicate AIDS/HIV and other STDs: Choose Abstinence & Chastity!

Now, in regards to this case: the people involved were all consenting, but the law states clearly that since the 15-year-old girl wasn't of the age of consent that the 17-year-old boy broke the law. Life's tough, feces occures, etc.

--ScottKin

[Jeremy1]

a few of my friends who didn't now have STDs or AIDS/HIV because they couldn't exercise something called SELF-CONTROL.

It's not a lack of self-control, it's stupidity for not using a condom. Don't try and push your puritanical views on everyone else.

[mikmo]

@ScottKin

Life's tough, feces occures, etc.

Doesn't sound like a very Christian attitude, so I'm guessing Chastity was chosen for you. I think it's unfair that you let your bitterness about your own failings affect your judgement, anyway you cut it this is not a fair sentence. Anyone who thinks because it's the law, it simply is fair has a warped view of democracy and reality. The whole reason the law has continually evolved throughout it's existence is in response to inequities that become apparent only through experience, much like this. The law is NOT perfect even in the U.S.A... yeehaw.

[RichardK]

Lawyers Ask Georgia Attorney General to Review Controversial Oral Sex Case

Friday, April 13, 2007

By Sara Bonisteel

It's either a grievous miscarriage of justice or a case of following the letter of the law.

Either way, the fact remains that a Georgia man is two years into a 10-year sentence after being convicted at the age of 17 of aggravated child molestation for receiving oral sex from a then 15-year-old girl.

Others argue that the incarcerated is no "choirboy" serving time for a crime he did commit.

After exhausting their appeals, lawyers for Genarlow Wilson, 21, on Thursday petitioned the Georgia attorney general to review the case.

"Yesterday [April 11] we saw the attorney general of North Carolina take a look at a case and realize that the prosecutor who originally had the case was wrong, and our hopes are now that the attorney general of Georgia will take a look at this situation as well and realize that it's unjust," said B.J. Bernstein, Wilson's attorney.

Bernstein filed a petition for writ of habeas corpus Thursday with the Superior Court of Monroe County with Wilson's mother, Juanessa Bennett, at her side. Wilson is serving his decade-long sentence in a prison in Monroe County, Ga. When he's released, he'll be labeled a sex offender for the rest of his life.

"Genarlow Wilson has now spent over 26 months in prison for an act which now is only a misdemeanor, an act which was consensual and an act which happens all over the U.S. amongst teens, if you look at the statistics with regards to teen sex," his lawyer said.

Promising Start Takes a Wrong Turn

In the fall of 2003, Genarlow Wilson held a 3.2 grade-point average and was voted homecoming king of Douglas County High School in Douglasville, Ga. He was, by many accounts, on his way to getting into college and forging a successful career on the gridiron.

But his life changed forever on New Year's Eve 2003.

The then 17-year-old and a group of friends made the ill-fated decision to ring in the New Year on a drug, sex and alcohol-fueled bender at a Days Inn in suburban Atlanta. Among the partygoers in the adjoining rooms were two girls, ages 15 and 17.

The next morning, the 17-year-old girl told her mother that she had been raped, according to court documents. Police searched the motel and found a video camera and a tape of the previous evening's events.

The tape showed Wilson having sex with the "apparently semiconscious" 17-year-old and the 15-year-old performing oral sex on him, according to documents.

Douglas County District Attorney David McDade took the case before a grand jury and came back with indictments against six boys.

Wilson and four others were charged with the rape of the 17-year-old and the child molestation of the 15-year-old. Georgia's age of consent is 16. A sixth teen was charged only with rape.

Five of the defendants decided to plead guilty to charges of child molestation and the lesser sentence of sexual battery. In exchange, they received 15-year sentences, of which they would only have to serve five years in prison, Barker said.

Wilson, who had no prior arrest record, chose to take his case to trial.

"The jury acquitted him of the rape charge, but convicted him of the aggravated child molestation charge," Barker said.

In regards to the child molestation charges, Wilson's lawyer contends the 15-year-old and her mother hadn't claimed a crime was committed.

"They did not push prosecution," Bernstein said. "They didn't call the police. There's never been anything said that it was not consensual."

Douglas County Assistant District Attorney Eddie Barker disagrees.

"I've met with that victim and her mother several times and not once did they ask us not to prosecute this case," he said. "Not once."

The child molestation conviction was a felony that required a mandatory 10-year sentence and a lifetime label as a sex offender.

After the conviction, at the request of Wilson's trial attorney, McDade made the rare decision to allow Wilson to plea in exchange for the deal offered to the other co-defendants, Barker said. At the last minute, Wilson changed his mind and opted to serve the mandatory sentence.

"He didn't want to be on the sex offender registry because that is a sentence far beyond years," Bernstein said.

A Life Behind Bars

For more than two years, Wilson has been inmate No. 1187055 at a medium-security prison in the center of the state, where he works in the medical unit and devours the books his lawyer sends him, everything from the "Harry Potter" series to mysteries.

"I gave him 'The Purpose-Driven Life,' that's been huge," Bernstein said. "He's done the 40-day plan. ... He's been searching really hard in his mind, you know, as a kid, why is this happening? There has to be a purpose for this to keep going and that book has meant a lot to him. It is the topic of many conversations between us."

As Wilson faces the day-to-day realities of prison, Bernstein has been working to get him out. She exhausted appeals to the state Supreme Court, who advised her to lobby the state legislature for a change to the law.

In 2006, the Georgia legislature amended the statute under which Wilson was convicted, making consensual sex acts between teens a misdemeanor provided one party is at least 13, the suspect is not older than 18 and there is no more than four years difference between their ages.

The so-called "Romeo and Juliet" amendment also ensures underage offenders remain off the sex offender registry. Yet it cannot be retroactively applied to Wilson's case.

Several Georgia lawmakers on both sides of the aisle have tried to change that. Sens. Emanuel Jones, a Democrat, and Dan Weber, a Republican, were among the sponsors of Senate Bill 37, which would give courts the power to amend sentences such as Wilson's.

"We have never argued that Genarlow is the victim in this case," Jones said. "He is, however, the victim of unfair legislation, mandating a 10-year sentence, which has already been repealed by the Legislature for cases such as these. Yes, Genarlow made a mistake, one for which he has already spent more than two years behind bars."

Debate between senators garnered headlines that have ignited passions throughout the country and one alleged death threat ? leveled toward a Republican senator critical of the legislation.

"These aren't choirboys that we're talking about and Genarlow Wilson isn't a choirboy," Sen. Eric Johnson told local media. He announced earlier this month that the FBI was investigating a death threat against him and his family.

"We've said that he was at a party and he was doing things wrong," Bernstein said. "He was smoking pot, he was drinking underage, he was having sex.

"That's not a choirboy," she continued. "But if that is the measure of a choirboy, that's the reality of many of our children's lives in that age group."

On March 28, the Senate failed to vote on the bill that would allow a judge to change Wilson's sentence, essentially killing it for the legislative session and ensuring it wouldn't be heard until 2008.The Futureb>

With the filing of this latest civil petition, Bernstein hopes to get the Georgia attorney general to review not only the case, but also the way the Douglas County district attorney handled it. It may just be a shot in the dark.

"I don't know why this would have any better chance of succeeding than the arguments she's made before," said Sherry F. Colb, a Rutgers University law professor and author of the book "When Sex Counts: Making Babies and Making Law." "I think her best hope was really dashed last month when the Georgia Legislature refused to amend the statute to be retroactive so that his case."

Barker contends that media coverage of Wilson's case has been skewed, including an extensive profile of Wilson's case on ESPN.com that Barker dubbed "about [as] one-sided slanted of a hatchet job that could have been written."

"There are so many misconceptions about the case," Barker said. "People are so misinformed."

The story has garnered attention from coast to coast and more than 100,000 people have signed a petition for Wilson's release.

Bernstein has met with Barker to discuss possible lesser sentences, but for Wilson, they hinge on expunging a lifetime label as a sex offender.

"I think it's horrendous for a consensual sex act as a teenager to kill any job opportunities," she said. "He wants to work with young people and talk to them about his experiences.

"He wants to say five minutes of fun is not worth a lifetime of regret," she continued. "If he's not off a registry, he's not going to be able to speak to kids, talk to kids. It's insane."

As Bernstein has worked to free her client, she has also tried to inform parents and children of the legal ramifications of underage sex across the country with a blog called My5th.

"This brings up a big issue in general ? young people don't know the age of consent in their state," Bernstein said. "They don't know that they could get arrested for having sex. It may not be 10 years like Genarlow, but they could be arrested. And it's kind of a wake-up call."

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The dude should quit whining and be glad he wasn't convicted of the rape he committed. The age of consent is 16, period. Have sex with anyone under 16, you deserve what you get. This guy got off easy, he should have been convicted of the rape and be serving a life sentence.

Actually, he was arrested for raping the 17 year old girl. However, unlike the other boys at the orgy, he took it to trial. After reviewing the 6-hour video tape, the jury concluded that he did not rape either the 15 or 17 year old. The only sexual contact he had with the 15 year old was the BJ (if what I've read is correct). The 15 year old even testified that she consented to the sex act.

She wasn't old enough to consent. That's the law, live with it. (or try to change it)

[goji]

Condoms don't guarantee anything; its a security blanket at best. What ScottKin advocates t may seem puritanical, based on facts, hes right. The safest way not to catch anything is not to do anything. Kinda dull though IMO.

Though the kid should not have been charged the way he has been. There is nothing to gain accept hurt feelings and betrayed trusts. Love the legal system.

[Lt-DavidW]

:rolleyes: Oh brother -- how stupid. Voluntary sex should not be punished.

Legally, anyone under the age of consent cannot give consent, therefore making it statutory rape.

[gigapixels Veteran]

The dude should quit whining and be glad he wasn't convicted of the rape he committed. The age of consent is 16, period. Have sex with anyone under 16, you deserve what you get. This guy got off easy, he should have been convicted of the rape and be serving a life sentence.

The jury watched the video and found that there was no rape.

She wasn't old enough to consent. That's the law, live with it. (or try to change it)

They already did change it. Please, read the article before going off ranting.

[Jeremy1]

Condoms don't guarantee anything; its a security blanket at best.

There are no guarantees in life, but to call condoms nothing but a "security blanket" is just ignorant. They drastically reduce your chances of getting an STD.

[mikmo]

Lets not turn this into a debate about why extra-marital sex itself is wrong, we all know what condoms do etc.

[theyarecomingforyou]

Laws are designed to protect society and its beliefs - they are a notated form of morality. The guy committed a crime and so, according to law, deserved a punishment or reprimand of some kind - however, a 10yr jail setence does not reflect the best interests of society, particularly when you have slimey lawyers that can get guilty clients off on technicalities. It does not surprise me to see that this is in a southern state - the reputation they have for being backwards is well earned, even if it does not reflect every individual that lives within them. It's sad to see these backwards states dragging down the achievements made by the progressive states (typically northern). I'm sure many people will disagree with me but that's how I see it.

[sdb815]

The US is so weird with its laws, some states you can't even have oral sex legally... lol

Unfortunately I live in one of those states. Even if you're married oral sex is illegal here. It's absolutely ridiculous.

LOL @ the lawyer's name

[family guy]

I think the punishment is definately too harsh. But I don't disagree with the fact that he broke the law. It does seem kinda screwy though. The one up a few posts (16 or within 3 years) makes more sense.

Unfortunately I live in one of those states. Even if you're married oral sex is illegal here. It's absolutely ridiculous.

LOL @ the lawyer's name

That sucks (no pun intended)

[KNIGHT]

Laws are designed to protect society and its beliefs - they are a notated form of morality. The guy committed a crime and so, according to law, deserved a punishment or reprimand of some kind - however, a 10yr jail setence does not reflect the best interests of society, particularly when you have slimey lawyers that can get guilty clients off on technicalities. It does not surprise me to see that this is in a southern state - the reputation they have for being backwards is well earned, even if it does not reflect every individual that lives within them. It's sad to see these backwards states dragging down the achievements made by the progressive states (typically northern). I'm sure many people will disagree with me but that's how I see it.

Don't think that the "progressive" (liberal) states are any better. Washington state is one of the most liberal and it's age of consent is 16 if the other party is no more than 60 months older. That means that the Georgia guy would have the very same problem in Washington state. In Washington it's labeled as "Sexual misconduct with a minor in the first degree" and is a Class C Felony. Source

[Ap0x]

adversedeviant: just because you or others can't either keep it in your/their pants or keep your/their pants or skirt on doesn't mean that EVERYONE in the world hasn't or didn't have sex at a young age. Just because you give-in to your base desires and throw caution to the wind doesn't mean that others chose chastity over having sex.

As for me, I chose chastity and was a virgin until I was married (I'm 47 and have a wonderful wife and 5 kids) - and I'm so thankfull that I did: a few of my friends who didn't now have STDs or AIDS/HIV because they couldn't exercise something called SELF-CONTROL. A lot of them had kids before they were married, and that's a huge strain on their lives when they were so young.

There is a very simple way to erradicate AIDS/HIV and other STDs: Choose Abstinence & Chastity!

Now, in regards to this case: the people involved were all consenting, but the law states clearly that since the 15-year-old girl wasn't of the age of consent that the 17-year-old boy broke the law. Life's tough, feces occures, etc.

--ScottKin

Holy molly!!! :|

[AdverseDeviant]

adversedeviant: just because you or others can't either keep it in your/their pants or keep your/their pants or skirt on doesn't mean that EVERYONE in the world hasn't or didn't have sex at a young age. Just because you give-in to your base desires and throw caution to the wind doesn't mean that others chose chastity over having sex.

As for me, I chose chastity and was a virgin until I was married (I'm 47 and have a wonderful wife and 5 kids) - and I'm so thankfull that I did: a few of my friends who didn't now have STDs or AIDS/HIV because they couldn't exercise something called SELF-CONTROL. A lot of them had kids before they were married, and that's a huge strain on their lives when they were so young.

There is a very simple way to erradicate AIDS/HIV and other STDs: Choose Abstinence & Chastity!

Now, in regards to this case: the people involved were all consenting, but the law states clearly that since the 15-year-old girl wasn't of the age of consent that the 17-year-old boy broke the law. Life's tough, feces occures, etc.

--ScottKin

dont talk to me like you know me. maybe im a virgin, maybe not. the fact is most kids dont choose your path. just because you have sex doesnt mean you have kids and get std's. jesus man youve ****ed your teen years away. or maybe not by choice?

i take it you haven't even done any drugs either huh?

id thought id throw in, that chastity crap was made from religion just for more control, these days how can you really know someone and get married to them without even having sex? you be with the person for years get married then find out its a hermaphrodite?

Edited April 24, 2007 by adversedeviant

[HellboundIRL]

Unfortunately I live in one of those states. Even if you're married oral sex is illegal here. It's absolutely ridiculous.

Thanks for the warning, I just moved here and I wasn't aware of that. I'll let the wife know asap.... :shifty:

[goji]

^ HAHA. Leave now before you get thrown in jail :p