10 years in prison for oral sex

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Ormus said:


All the more ironic, considering he says he's from Bavaria, which is probably the most conservative state in Germany.
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How bizarre that being from a conservative state doesn't automatically imply being conservative as a person. :hmm:
 
Liesje said:


Hey I'm in total agreement that the punishment is not befitting of the "crime" and the law needs to be changed (apparently has?), but you would honestly support a legal system where sentencing is completely open-ended for the judge to decide? Quite a dangerous precedent you're arguing for here, don't you think? And how is this ALL the judge's fault that s/he should be damned to hell? Didn't s/he admit that the mandatory sentence is outrageous?
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I would not fully support a law that gives judges 100% rule...having said that I cannot for the life of me understand why a judge cannot just overrule such a ridiculous sentence and hand out something fair. What's the purpose of the judge if he/she cannot have a hand in sentencing??? I never said "damned to hell" either. All I meant by that angry statement was that karma would catch up with people who ruin other peoples lives - this does not mean for eternity - more like a good spanking here or in the afterlife - who really knows??? If the law is already changed just release the guy for crying in the soup!!! Really!!!!!!
 
Dutch Partygirl said:


Nice to see that nobody objected to this part of Irvine's post.... I do though...
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You got to that part before I did
 
I don't want to put words into their mouths, but my impression was that both Irvine and melon were sarcastically aping the habitual slambook-style generalizations of the poster they were responding to. I think that's enough on this tangent, though.
 
Well there's a new detailed story about this here

http://sports.espn.go.com/espn/eticket/story?page=wilson

apparently the prosecutor could lessen the punishment, but is being a dick so far and wont

Barker is quick to point out that he offered Wilson a plea after he'd been found guilty -- the first time he has ever done that. Of course, the plea was the same five years he'd offered before the trial -- not taking into account the rape acquittal. Barker thinks five years is fair for receiving oral sex from a schoolmate. None of the other defendants insisted on a jury trial. Wilson did. He rolled the dice, and he lost. The others, he says, "took their medicine."

While Bernstein works on every possible legal solution, the Douglas County District Attorney's Office has the power to get Wilson out of prison. If the prosecution wanted, this could all end tomorrow. The D.A.'s office says Bernstein hasn't asked. Bernstein says she has. Not that any legal he said/she said matters. Only the prosecutors' opinion does, and according to at least one legal expert, prosecutorial ego is more of a factor in this case than race. The folks in Douglas County are playing god with Genarlow Wilson's life.

"We can set aside his sentence," Barker says. "Legally, it's still possible for us to set aside his sentence and give him a new sentence to a lesser charge. But it's up to us. He has no control over it."

The position of Barker and the district attorney, McDade, who refused to comment, is that Wilson is guilty under the law and there is no room for mercy, though the facts seem to say they simply chose not to give it to Wilson. At the same time this trial was under way, a local high school teacher, a white female, was found guilty of having a sexual relationship with a student -- a true case of child molestation. The teacher received 90 days. Wilson received 3,650 days.

Now, if Wilson wants a shot at getting out, he must throw himself at the prosecutors' feet and ask for mercy, which he might or might not receive. Joseph Heller would love this. If Wilson would only admit to being a child molester, he could stop receiving the punishment of one. Maybe.

"Well," Barker says, "the one person who can change things at this point is Genarlow. The ball's in his court."
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there's onw thing that is unclear to me in this story: the girl.
She denounced she's been raped?
 
No, the problem was that the video leaked.

And since she is 15 and he is 17 she doesn't have to denounce him, it is just considered rape.
 
Judge: No 10-year sentence for teen sex
By SHANNON McCAFFREY, Associated Press Writer
2 minutes ago

A Georgia judge ordered the release Monday of a man sentenced to 10 years in prison for having consensual oral sex with a 15-year-old girl when he was 17.

The judge threw out Genarlow Wilson's previous sentence and amended it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender.

Wilson, now 21, has been behind bars for more than two years.

"If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner," wrote Judge Thomas H. Wilson, no relation to Genarlow Wilson.

The original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime. State lawmakers later passed a law to close the loophole that led to the 10-year sentence.

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this Court, will spend eight more years in prison, is a grave miscarriage of justice," the judge wrote.

The attorney general's office did not immediately comment.

A Georgia Department of Corrections spokeswoman said the agency cannot take any action regarding Wilson nor comment on his case until it receives a copy of the judge's order. Wilson's lawyers said they expected to talk with prison officials in the afternoon.

Genarlow Wilson's lawyers applauded in their office and hugged his mother, who wiped away tears, as the order came over a fax machine.

"We right now have an order of release and I beg the attorney general of the state of Georgia please do not file an appeal," said Wilson's lawyer, B.J. Bernstein.

Wilson's mother, Juannessa Bennett, said, "I just feel like a miracle happened."

A jury found the honor student guilty in 2005 of aggravated child molestation for having oral sex with a 15-year-old girl during a 2003 New Year's Eve party involving alcohol and marijuana. Although the sex act was consensual, it was illegal under Georgia law.

Wilson was also charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with a 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

Several influential people, including former President Jimmy Carter, stepped forward to support Wilson.
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Damn, and I was really glad he was set free.
 
Pearl said:
Damn, and I was really glad he was set free.
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I'm not. That man needs to stay in jail. I'm appalled that the jury acquited him of the first crime.
I find it amusing that on wilsonappeal.com, it talks about how great of a student and an athlete he is. It's like they're trying to say "He shouldnt be punished for committing a crime- he's a good athlete."
Hopefully he won't get out anytime soon. Maybe karma is catching up with him, after him having gotten away with the gang rape.
 
2861U2 said:


I'm not. That man needs to stay in jail. I'm appalled that the jury acquited him of the first crime.
I find it amusing that on wilsonappeal.com, it talks about how great of a student and an athlete he is. It's like they're trying to say "He shouldnt be punished for committing a crime- he's a good athlete."
Hopefully he won't get out anytime soon. Maybe karma is catching up with him, after him having gotten away with the gang rape.
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So are you saying that no one under 18 is allowed to have sex?
 
randhail said:


So are you saying that no one under 18 is allowed to have sex?
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I'm not saying that at all.


MrsSpringsteen said:
Gang rape? Where did you get that from?
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This thread barely mentions the other crime he was charged with. He was one of about 5 or 6 guys involved in a gang rape of a 17-year old at the party, and it was caught on tape. The girl said that she didnt give consent, and she states she was intoxicated and in no state to properly give consent. Somehow, the jury didnt believe her and acquitted him.
 
2861U2 said:

This thread barely mentions the other crime he was charged with. He was one of about 5 or 6 guys involved in a gang rape of a 17-year old at the party, and it was caught on tape. The girl said that she didnt give consent, and she states she was intoxicated and in no state to properly give consent. Somehow, the jury didnt believe her and acquitted him.
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What is your source for that information? And even if that was true he is charged for this one instance here, the consensual one-and that is what he was sentenced for.
 
2861U2 said:



This thread barely mentions the other crime he was charged with. He was one of about 5 or 6 guys involved in a gang rape of a 17-year old at the party, and it was caught on tape. The girl said that she didnt give consent, and she states she was intoxicated and in no state to properly give consent. Somehow, the jury didnt believe her and acquitted him.
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He wasn't convicted of this crime, and it wasn't a gang rape. She was on tape conscious and not saying no, it's kind of hard to claim rape in that case.
 
I found this through Google, I didn't read the whole thread when this came up again today. I didn't recall that he had been accused of rape, but that can't be used against him as far as this instance goes.

The athlete stuff really has nothing to do with it though, I would have to agree with that. Being an athlete doesn't make you immune to charges of indecent behavior and is not any automatic indicator of upstanding character-that being a general statement and not referring to this specific case.

http://sports.espn.go.com/espn/eticket/story?page=wilson
 
2861U2 said:

If 5 or 6 men having sex with her isnt gang rape, I dont know what is. He should have been convicted of that.
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It's not gang rape if she consents. It may not be everyone's idea of a good time, but for some people having sex with 5 or 6 guys is a good time.
 
2861U2 said:


BVS, the girl says she was drunk. Consent is an impossibility for her. In court she says that she was saying "no."
If 5 or 6 men having sex with her isnt gang rape, I dont know what is. He should have been convicted of that.
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Well intoxication is definately a gray area. But the jury never heard a no on the video tape. The stories I've read it was just him and her on tape...

Regardless he wasn't convicted, therefore it shouldn't influence any opinions on his current sentence.
 
randhail said:


It's not gang rape if she consents.
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Correct, but the question is whether or not she did.

It may not be everyone's idea of a good time, but for some people having sex with 5 or 6 guys is a good time.
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I suppose (though weird) this is true.
 
So the other men pled guilty to the gang rape. He chose to go to trial. The jury convicted him of a lesser charge and now he's free. I'm confused :huh:

I don't see how he deserves sympathy.
 
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