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Case in the news...argh!
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<blockquote data-quote="DammitJanet" data-source="post: 51882" data-attributes="member: 1514"><p>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.</p><p></p><p>Basically what happened was this:</p><p></p><p>Wilson's sentence has been denounced even by members </p><p>of the jury that convicted him and the author of the </p><p>1995 law that put him behind bars.</p><p>"The law was designed to protect kids against really, </p><p>really bad people doing very bad things," said the </p><p>sponsor, former state Rep. Matt Towery, a Republican. </p><p>"It was never intended to put kids in jail for oral </p><p>sex."</p><p></p><p>In 2003, Wilson was an honors student, standout </p><p>athlete and homecoming king preparing for his SATs </p><p>with an eye toward college. At a New Year's Eve party </p><p>involving alcohol, marijuana and sex, someone </p><p>videotaped the girl performing oral sex on Wilson.</p><p>The tape also shows Wilson and other male partygoers </p><p>having sexual intercourse with a 17-year-old girl. </p><p></p><p>Prosecutors sought a rape conviction against him, </p><p>arguing that the 17-year-old was semiconscious and not </p><p>capable of consent. But a jury that watched the tape </p><p>disagreed.</p><p></p><p>Bernstein compared the case to the recent rape case </p><p>involving Duke University lacrosse players, saying </p><p>prosecutors in both cases overreached.</p><p></p><p>Wilson has served more than 27 months in prison. His </p><p>case has become something of a cause celebre, largely </p><p>because of the legal loophole that ensnared him.</p><p></p><p>If Wilson had had sexual intercourse with the </p><p>15-year-old he would have fallen under Georgia's </p><p>"Romeo and Juliet" exception. But under the law in </p><p>2003, oral sex between teens constituted aggravated </p><p>child molestation and carried a mandatory sentence.</p><p></p><p>Georgia lawmakers changed the law in 2006 to make </p><p>consensual oral sex between teens a misdemeanor </p><p>punishable by a maximum of one year behind bars. </p><p>Offenders do not have to register as sex offenders, as </p><p>Wilson will be required to do.</p><p></p><p>But the state's top court ruled the 2006 change </p><p>couldn't be applied retroactively to Wilson's case. An </p><p>attempt earlier this year to pass a bill that would </p><p>provide a remedy for Wilson has stalled.</p></blockquote><p></p>
[QUOTE="DammitJanet, post: 51882, member: 1514"] 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. [/QUOTE]
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