Justice Perverted.

This case is infuriating. It was infuriating when it was happening, and it’s infuriating now, when it’s back in the headlines. The Georgia State Attorney General deserves to be disbarred. He shouldn’t ever be allowed near a courtroom again (except as a defendant).

To very briefly summarize, at a New Years’ Eve party in 2003, a 17-year old young man named Genarlow Wilson received consensual oral sex from a 15-year old young lady. A video camera captured the entire episode for posterity. It also captured later on, when Genarlow and several other young men at the party had consensual sex with a young lady that the prosecutor felt was too drunk to consent.

After a trial in 2005, Genarlow was found not guilty of the rape charge for having intercourse with the drunken young lady, however, he was found guilty of having received oral sex from the 15-year old girl. If he’d had intercourse with the 15-year old girl, it would have fallen under a statute that permitted consensual relations between teenagers. Because it was oral sex, it was an automatic felony, carrying a mandatory 10-year sentence, followed by lifetime registration on the sexual offender registry.

Genarlow had no record, he was in fact an honors student and star athlete. He did what virtually any 17-year old would do at a party when a young lady offered him oral sex — he accepted. The young lady wasn’t scarred by this experience, she wasn’t forced or coerced. She didn’t want to see him get in trouble for it. The jurors didn’t want him sent to prison for 10 years, they were simply following the letter of the law — did he have oral sex with the girl, yes or no? Yes? Then he’s guilty. And if he’s guilty, 10 years in the slammer. Jurors expressed frustration that there wasn’t a lesser charge or a mitigator that could be applied.

And so, off to prison he went.

The huge loophole in the law was so glaringly unfair and obviously ill-conceived, that state legislators closed it and made any future conduct of this nature a misdemeanor. Unfortunately, the law was not retroactive.

And so, Genarlow stayed in prison.

And then, on Monday, Monroe County Superior Court Judge Thomas Wilson ruled that Genarlow Wilson’s punishment was cruel and unusual, and voided it on constitutional grounds. He reduced the sentence to one year (Wilson has already served more than two) and stated that if any court could not recognize the injustice of the sentence, then the court system has lost sight of the goal of the judicial system — justice being served in a fair and equal manner.

Almost immediately after the Judge’s ruling, Georgia Attorney General Thurbert Baker acted to block Wilson’s release by filing an appeal of the ruling, stating that the Judge did not have the authority to reduce or modify the ruling of the trial court.

As Judge Wilson so courageously pointed out, “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.”

Genarlow Wilson has thoroughly paid for his “crime” and should be set free. I can only believe that the AG’s mean-spirited appeal is meant to insure that the state isn’t held liable for the extreme miscarriage of justice and misapplication of the law. I have written to Georgia state Governor Perdue asking him to intervene in the case, and to further remove the AG from office. I hope enough other people will do so as well, so that both goals can be accomplished. In addition to several relatives and in-laws, I happen to have children and grandchildren living in Georgia, and I would hate to think that someday one of my loved ones would come up against this despicable man.

FOXNews.com – Georgia Judge Voids 10-Year Sentence in Consensual Teen Sex Case || Last minute appeal in teen sex case sparks outrage – CNN.com || Save Genarlow Wilson, Remove District Attorney Thurbert Baker – Yahoo! News || Justice mocked again in Genarlow Wilson case | ajc.com || Just Google Itâ„¢! || Kate blogs at The Original Musings.

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