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Georgia judge voids 10 year sentence in conseunsual teen sex case.
Fox News ^

Posted on 06/11/2007 11:05:28 AM PDT by John Cena

ATLANTA — A Georgia judge on Monday voided a 10-year sentence given to a man who was convicted while a teenager of having consensual oral sex with a 15-year-old girl.

Monroe County Superior Court Judge Thomas Wilson voided Genarlow Wilson's sentence and dropped 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

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events
KEYWORDS: abatement; activistcourts; activistjudge; ageofconsent; ageofconsentlaws; commonlaw; culturewar; genarlowwilson; habeascorpus; ifitfeelsgooddoit; moralabsolutes; statutoryrape; teensex
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To: Shimmer128

This is what I’m thinking. If the kid was white, he wouldn’t be sitting in jail now.


241 posted on 06/11/2007 2:31:51 PM PDT by nyconse
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To: nyconse

see #239. I did see this line of twisted reasoning in one of the pro wilson articles. Why did she immediately call her mother, go to the authorities and say she was raped? Maybe because she was?


242 posted on 06/11/2007 2:32:23 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: Eagles6
Buyer's remorse? I don't mean to sound cruel but many women have been known to cry rape after the fact. Just because you go to the authorities doesn't mean you are telling the truth, ask Kobe.
243 posted on 06/11/2007 2:33:30 PM PDT by blaquebyrd
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To: nyconse

If the kid was white, not so many on this thread would be advocating putting him away for 10 years. Or convicting him o future rapes he hasn’t even committed.


244 posted on 06/11/2007 2:35:37 PM PDT by Shimmer128 (Artificial intelligence is no match for natural stupidity)
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To: billbears

So you’d take it out on the boy? What about the girl? What if it were your daughter?


245 posted on 06/11/2007 2:38:17 PM PDT by Jaded ("I have a mustard- seed; and I am not afraid to use it."- Joseph Ratzinger)
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To: Shimmer128

Sounded more like wishing he’d commit more crimes so they’d somehow be vindicated. Somehow I missed the outrage when the cute blond was unleashed (without serving a day in jail), on the public to rape again.


246 posted on 06/11/2007 2:44:00 PM PDT by blaquebyrd
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To: burzum

Actually, I didn’t engage in any name calling. I did evaluate actions.


247 posted on 06/11/2007 2:45:38 PM PDT by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: blaquebyrd
Oh, I know it happens. I actually thought Kobe was innocent until his own statement on the matter damned him. The media can have a powerful effect In this case the girl's actions don't seem to agree with that. He wasn't convicted of a rape which it appears he committed, but was convicted of another crime, which the jury agreed he was guilty of. They took exception to the sentence, which has no bearing on his guilt or innocence.

Why no outcry for the 5 thugs who pled guilty?

248 posted on 06/11/2007 2:47:10 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: Shimmer128

Why is race an issue here?


249 posted on 06/11/2007 2:48:29 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: AppyPappy
How many criminal statutes regarding sex with minors talk about the “age of consent?” You will not find that phrase anywhere in the criminal code in my state, or in any other part of the code for that matter. None of the criminal statutes dealing with sex with minors even mention the word “consent” where they talk about sex with minors. I’ve seen other state statutes on these crimes as well and those I’ve seen from other states haven’t talked about consent either. They only talk about the age of the people involved. Consent really isn’t even an issue. The only time the issue of consent is going to come up in a sex crime case is in a rape case (involving an alleged victim 14 or older) where the defense argues that the sex was consensual and therefore not rape. If the victim is under the age of 14 it’s rape whether it was consensual or not. From age 14 through age 16 while the code doesn’t talk about consent, if it’s consensual it’s going to be sexual assault rather than rape.

If we step out of the legal mumbo jumbo for a second, do I believe a normal 15 year old girl is capable of consenting to sex with a 17 year old boy? Heck yeah. She’s as capable of giving consent as he is. Shoot, most 15 year old girls are more mature than 17 year old boys.

In your mind, if a 15 year old girl has sex with a 17 year old boy, she must have just been awed by this older fellow and he’s completely taking advantage of her. That may be the case sometimes, but often it’s not going to be like that at all. I was 17 when I lost my virginity. The girl I was with was barely 16 and she was way more experienced than I was. She was hot too. I was in awe of her. She’s the one who initiated it. She had the condoms. I was a little in shock. I wasn’t upset about it mind you but I think what was really happening there was she was taking advantage of me, not the other way around. I think it is a two way street. A couple of years difference doesn’t matter that much. Girls can take advantage of boys just like boys can take advantage of girls, and probably more often than not no one is really taking advantage of the other person. It’s just two people doing what comes naturally.

250 posted on 06/11/2007 2:54:02 PM PDT by TKDietz
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To: muawiyah
All of which means that he is a serial rapist and we have a bunch of people jumping up and down with joy that he's out of jail.

Actually, it was consensual, and at the time statutory rape. The law has been changed since to create the 'close-in'age' exception that most other states have. The problem is that AG Baker is a pissant messiah running on autopilot, even keeping Wilson in prison while he appeals on the basis of a law that no longer exists.

251 posted on 06/11/2007 3:00:15 PM PDT by BlazingArizona
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To: Eagles6

I don’t know. Ask the others why it is. I wish it was not!


252 posted on 06/11/2007 3:18:58 PM PDT by Shimmer128 (Artificial intelligence is no match for natural stupidity)
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To: burzum
Good reason and judgment.

Two characteristics rarely found in the judicial system. Do we really want automatons who merely process the law without thought? I don't. I think it better to show a little too much leniency than to be overly harsh.

253 posted on 06/11/2007 3:19:48 PM PDT by Patriotic1 (Dic mihi solum facta, domina - Just the facts, ma'am)
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To: TKDietz
“Let’s have amnesty for all sex offenders then. Everybody’s doing it, right?”

>>No one here is asking for anything like that.

The feeling among FReepers is that a teacher isn't guilty of molestation if she is cute.

That is the only hard and fast rule around here.

Just because the hedonists among here WANTED to have sex when they were underage doesn't make it RIGHT. Same with underage drinking, drinking and driving, doping, etc.

I say dump the law if it is bad law. If the legislature cannot retroactively release him because it is against the state constitution then the judge's actions would be in contradiction to the state constitution.

Change the laws and judges and attorneys are out of the picture.

I agree that our legal system is an unjust and costly system. People who advocate for appeals, jury nullification, activist judges, and a hope and a prayer do nothing to HELP bad laws get changed. CHANGE THE LAWS if there are problems.

254 posted on 06/11/2007 4:04:06 PM PDT by weegee (Libs want us to learn to live with terrorism, but if a gun is used they want to rewrite the Const.)
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To: TKDietz

Can a 15 year old boy consent to sex with a 17 year old boy. What about with an 18 year old man?

It isn’t like statutory rape laws were drawn up over night. They’ve been on the books a long time and are slowly being whittled away.

So if they are going to be “whittled”, what standard do you propose? Is there a limit at which you can be firm?


255 posted on 06/11/2007 4:07:19 PM PDT by weegee (Libs want us to learn to live with terrorism, but if a gun is used they want to rewrite the Const.)
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To: peridot
If a kid was smart, first he wouldn’t be at the party, but if he was and some idiot showed up with a camera, he’d get the hell out of there.

While the age of consent laws may make it "ok" to have sex with her, he'd better get the hell out if a camera appears because the law says it is criminal to film that act with a minor (no matter how "right" it is under law to do the act).

Then again, Rob Lowe walked...

256 posted on 06/11/2007 4:12:28 PM PDT by weegee (Libs want us to learn to live with terrorism, but if a gun is used they want to rewrite the Const.)
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To: Publius Valerius
Even if the law changed, I don’t see why his sentence should change. The law was what it was when he committed his crime. Most of our laws (and even judicial decisions) are proactive. I’m not seeing why this should be an exception.

Was his sentence cruel? I'd say so.

Was it unusual? Yes--given that nobody else received the same sentence in the past or will do so in future, it was unique.

The fact that a particular sentence has not been used previously should not, in and of itself, cause it to be considered "unusual". After all, the first prosecution for any crime would fail that test. But when the sentence is demonstrably unique (it has been imposed once, and won't be imposed any more) that would seem to generally qualify as "unusual".

257 posted on 06/11/2007 4:19:08 PM PDT by supercat (Sony delenda est.)
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To: Eagles6
Yes he was acquitted and oj was found innocent. Doesn’t mean it didn’t happen. It is on tape. The other 5 suspects plead guilty to the crime.

Whether or not the jury should have acquitted him, it did so. To my mind, it looks as though the prosecutor and original sentencing judge didn't like that acquittal. In sentencing, they thus sought to punish the defendant for the rape they continued to believe he committed (despite the juror's acquittal).

258 posted on 06/11/2007 4:23:11 PM PDT by supercat (Sony delenda est.)
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To: muawiyah
BTW, this was the second of two rape situations attributed to the kid. There will undoubtedly be a third. Then the people of Georgia can put him away ~ and another young woman will learn that she should stay away from parties.

The defendant was acquitted of the rape. Whether the jury was wise or foolish in that decision doesn't matter. What the prosecutor and judge seem to have done, and what you seek to do, is punish the defendant for a crime of which he was acquitted.

259 posted on 06/11/2007 4:27:09 PM PDT by supercat (Sony delenda est.)
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To: supercat
Look, the kid pled on the statutory rape thing. They had him cold, but because they were going after him on the non-consensual rape (with the older girl), they saved the cost of a trial with a plea to a lesser crime.

Guy still did both of them ~ your friend, not mine!

260 posted on 06/11/2007 4:38:31 PM PDT by muawiyah
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