Georgia Teenager Freed after Judge Determines Sentence is "Cruel and Unusual"

By:  Lindsey Brady
Impunity Watch Reporter, North America

ATLANTA, GA - In 2003, Genarlow Wilson, was an average seventeen year old high schooler when he was charged with violating what Georgia law calls "aggravated child molestation."  An article by CNN said Wilson was convicted of such offense after engaging in consensual oral sex with another female teenager, who was fifteen, during a drug and alcohol filled New Year's Eve party.  According to CNN the Georgia law carried with it a "mandatory minimum prison term so harsh it shocked his jury and prompted an international outcry from critics that prosecutors had been overzealous and racially motivated.  Most critics had argued the purpose of the law was to put child molesters behind bars and Wilson was not a child molester.  Wilson received the minimum ten year prison term in 2005.

Ironically, the New York Times pointed out that the Georgia state legislature changed the law a year after Wilson's sentencing to a new requirement of no more than a year in prison and no registration as a sex offender for conduct such as Wilson's.  The article stated, however, that the law was not made retroactive so Wilson did not fall under the new law.  Since his sentencing many influential people have criticized the decision and put their support behind Wilson's appeal process, including former President and Georgia native, Jimmy Carter according to MSNBC.  Today's announcement is not the first time a judge has ordered Wilson's release.  MSNBC reported that in June of this year a Georgia judge ordered his release but Georgia Attorney General Thurbert Baker appealed arguing that the Georgia law doesn't give the judge "authority to reduce or modify the sentence of the court" and took the case to the Georgia Supreme Court.  Wilson had also been offered plea bargains but had declined due to the requirement that he plead guilty to a felony.  A CNN article quoted Wilson's attorney, B.J. Bernstein, who stood with the support of civil rights leaders and black lawmakers, who were angered by the DA's decision to appeal.

Today the Supreme Court's decision is safe from appeal.  CNN quoted a spokesman for Georgia Attorney General Thurbert E. Baker said there would be no further appeals.  In a 4-3 ruling the state Supreme Court found Wilson's sentence of a decade in prison to be cruel and unusual punishment.  Chief Justice Leah Ward Sears wrote the Court's decision and the decision was quoted by CNN as saying "although society has a significant interest in protecting children from premature sexual activity, we must acknowledge that Wilson's crime does not rise to the level of culpability of adults who prey on children....to punish Wilson as it would an adult...appears to be grossly disproportionate to his crime."  To date, Wilson has been in jail for two years but is expected to be released today.  Wilson's lawyer told the New York Times that "the courts can work; the courts do work."

For more information, please see:

CNN - Court Orders Wilson Freed in Teen Sex Case - 26 October 2007

New York Times - Georgia Court Orders Man Freed in Sex Case - 26 October 2007

CNN - Last Minute Appeal in Teen Sex Case Sparks Outrage - 12 June 2007

MSNBC - Man in Teen Sex Case Should Go Free, Judge Rules 11 June 2007