Case in the news...argh!

[DammitJanet]

I have been watching this case that has been in the news in GA. Its about this boy that was charged with a sex crime and is now IN JAIL on a felony when all that happened is that he and his girlfriend had consensual oral sex. Yes I know...we dont want to think about it but they do it.

The kids were 15 and 17. Evidently pretty good kids too. The boy was prom king, captain of the football team and had college scholarships. Now he is in prison. All over oral sex! Dont even get me going on how if he was a tad bit older and it was ohhhh...700 miles to the north...he would be voted into office for a second term!

Even the prosecutors office isnt saying there was a bit of force. Just saying that oral sex is against the law. Hmmm. So lets throw all the poor kids into jail. They better make bigger jails because there are an awful lot of people in america that need to be in jail.

This is pathetic.

 

[WhymeMom?]

Haven't seen the case, but bet he has to register as a sex offender for the rest of his life too.....

 

[flutterbee]

I thought they changed that law when a woman had her estranged husband jailed for that years ago. I think I lived in Georiga at the time so that was at least 13 years ago.

 

[Hound dog]

Gee, I suppose it would be better if they had sex and he got the girl pregnant. :grrr:

Good grief. This is a new millenium people.

 

[Wiped Out]

I read that the judge has voided the sentence. He isn't out yet because someone is appealing his ruling. The judge says he has already spent 2 years in prison and that he feels it is a grave miscarriage of justice.

 

[Scent of Cedar I]

That's unbelievable, Janet.

That poor kid.

Let's hope there is a lawsuit against whoever is responsible for pushing the prosecution of this case.

On the one hand, the kids are being encouraged to use these techniques as part of "safe sex" ~ and on the other....

That's just terrible.

Barbara

 

[DammitJanet]

Actually...Wiped out you are right but the state is appealing the judges ruling saying that the judge cant void the sentence because it was a loophole.

Basically what happened was this:

Wilson's sentence has been denounced even by members
of the jury that convicted him and the author of the
1995 law that put him behind bars.
"The law was designed to protect kids against really,
really bad people doing very bad things," said the
sponsor, former state Rep. Matt Towery, a Republican.
"It was never intended to put kids in jail for oral
sex."

In 2003, Wilson was an honors student, standout
athlete and homecoming king preparing for his SATs
with an eye toward college. At a New Year's Eve party
involving alcohol, marijuana and sex, someone
videotaped the girl performing oral sex on Wilson.
The tape also shows Wilson and other male partygoers
having sexual intercourse with a 17-year-old girl.

Prosecutors sought a rape conviction against him,
arguing that the 17-year-old was semiconscious and not
capable of consent. But a jury that watched the tape
disagreed.

Bernstein compared the case to the recent rape case
involving Duke University lacrosse players, saying
prosecutors in both cases overreached.

Wilson has served more than 27 months in prison. His
case has become something of a cause celebre, largely
because of the legal loophole that ensnared him.

If Wilson had had sexual intercourse with the
15-year-old he would have fallen under Georgia's
"Romeo and Juliet" exception. But under the law in
2003, oral sex between teens constituted aggravated
child molestation and carried a mandatory sentence.

Georgia lawmakers changed the law in 2006 to make
consensual oral sex between teens a misdemeanor
punishable by a maximum of one year behind bars.
Offenders do not have to register as sex offenders, as
Wilson will be required to do.

But the state's top court ruled the 2006 change
couldn't be applied retroactively to Wilson's case. An
attempt earlier this year to pass a bill that would
provide a remedy for Wilson has stalled.

 

[witzend]

They can be little uptight in the South. If people do those things, they certainly don't talk about it! It reminds me of the first season on the Sopranos where Uncle Junior's girlfriend liked him especially for this trait, so they all made fun of him being g-a-y. Go figure. There are none so blind as those who will not see.

 

[HereWeGoAgain]

Sounds like an overzealous prosecutor wanted to get a rape conviction on his resume but seeing as the case was too weak, settled for the bogus oral-sex charge. Everyone agrees that this case was an unintended consequence of a poorly written law, but are prevented from remedying the situation by the technicalities.

This is precisely why governors and presidents have the power of pardon -- to mend situations where the mitigating circumstances fall between the legal cracks. So why hasn't Georgia's governor pardoned this boy?

 

[DammitJanet]

Darned if I know. But what really bugs me is this was a GOOD kid with a bright future before him! Good grades, good athlete, college scholarship.

Sure it was a stupid thing to do at a party especially getting video taped but that shouldnt mean losing the rest of your life! How many of the lawmakers have engaged in just that behavior? How bout the judges or prosecutor? Hmmm? Did they never do anything in high school that could fall under that law?

 

[donna723]

They had this story on "Good Morning America" this morning. It had something to do with the age of the girl at the time, didn't it? She was 15 and he was 17. Good grief ...like THAT'S never happened before! If they arrested every kid who has done the same thing, the high schools would be practically empty!

What a shame! And what a waste! He sounds like he is such a good kid who had such a bright future!

 

[DammitJanet]

Yeah but Donna...if they had done the same thing or even had intercourse today...it would fall under the romeo and juliet law. I actually looked up the romeo and juliet law and it refers to any act that would be considered aggravated child molestation including an act that would be considered sodomy will fall under the romeo and juliet law if they are 17 and under and there is less than a 4 year age difference. Well then I looked up sodomy. Oral sex can be considered sodomy in legal terms.

Also...why is the boy in jail? She did it to him!