"A Grave Miscarriage of Justice"

A couple weeks ago, a further injustice was perpetrated against a young prison inmate by the Georgia State judicial system. Genarlow Wilson was convicted of child molestation for having consensual oral sex with a 15 year old girl at a New Year’s Eve party 3 years ago. Under Georgia state law, Wilson, 17 years old at the time, was committing a crime since the girl was not the legal age of consent, 16. He has been in prison serving a 10 year minimum sentence ever since.

As many people have pointed out, including some of the jurors that actually found Wilson guilty but have since expressed their regret, the law was never intended to be imputed in this fashion. The law was designed to protect children from adult sexual predators; not to jail teenagers for engaging in sexual activities. Since the ruling against Wilson, the law has actually be rewritten so that incidents like the one involving him won’t happen again.

But Wilson remains in prison.

Why?

Because a very cruel State Attorney General (Thurbert Baker) disagrees with the Judge who recently said, “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.”

So here’s just how silly this ruling against Wilson is: In the state of Georgia, until this case, it was a misdemeanor for a 17 year old to have intercourse with a 15 year old (with a maximum 1 year jail sentence and no sex offender status ascribed). But the same 17 year old (as Wilson was) can be convicted of felony aggravated assault for performing oral sex with a 15 year old (10 year minimum prison sentence, 1 year probation and required sex offender registration). In fact, until 1998, it was a felony for husband and wife to engage in oral sex in Georgia, punishable with up to 20 years in prison.

And this is how unbelievably heartless the State Attorney General and the Prosecuting Attorney (Eddie Barker) are: The crime that Wilson committed, which has landed him in prison for 10 years, would now only be a misdemeanor with a maximum 1-year sentence and no sex offender registry. But even though the state law has been changed, these to characters think that Genarlow needs to serve out his sentence, or plead guilty.

I should point out that the young lady involved in this case has repeatedly stated that the sex acts committed were totally consensual. But again the law steps in and fogs the situation. Since she was only 15 at the time, she couldn’t consent to have sex, legally.

It is in instances like these that I believe jurors, prosecutors and state attorneys should use responsible, reasonable discretion and consider the actual case over the law (i.e. uphold the spirit of the law, not the letter, since Mr. Baker has derogatorily claimed to have the duty to “uphold state law”). And assertions that by making an exception in this case, the flood gate of appeals will open for others with similar cases is a moot point at best. This instance is egregious, obvious, and I’d imagine that it is highly unlikely many other cases like this exist; and if they do, they should really be re-evaluated.

It is time for Baker and Barker to get off their high horses and do the right thing. Release Genarlow Wilson from prison, no strings attached.

That, Mr Baker, would be upholding the spirit of the law. That would be justice!

-Maelstrom

PS: There is a July 20 hearing for this case...this time I hope they get it right!