Georgia Supreme Court Releases Wilson
On a 4-3 vote, the Georgia Supreme Court ruled Friday that the state should release Genarlow Wilson, a young man imprisoned since 2003 for consensual oral sex with another teen.
It's about time.
Not terribly surprising -- the DA who led the original prosecution disagrees with the Court decision. The State AG, however, says he will not appeal.
The Court ruled that Wilson faced cruel and unusual punishment -- something prohibited by the US Constitution. PsychSound gives us this snippet from the ruling, where the Court compared Wilson's sentence with that for people convicted of manslaughter:
For example, a defendant who gets in a heated argument and shoving match with someone, walks away to retrieve a weapon, returns minutes later with a gun, and intentionally shoots and kills the person may be convicted of voluntary manslaughter and sentenced to as little as one year in prison. A person who plays Russian Roulette with a loaded handgun and causes the death of another person by shooting him or her with the loaded weapon may be convicted of involuntary manslaughter and receive a sentence of as little as one year in prison and no more than ten years.
Only one year in prison for killing someone with a gun? In a pre-meditated fashion?
For those unfamiliar with the case, Wilson was 17 when he was celebrating New Year's Eve with friends and captured on videotape having consensual oral sex with a 15-year-old girl. He was charged with aggravated child molestation, which carries a minimum sentence in Georgia -- with no parole option.
Wilson, an athlete and honors student, was sentenced to 10 years in prison. (He was acquitted of a separate rape charge.)
Subsequently, the legislature changed the law to explicitly prohibit "Romeo-and-Juliet" infractions from being considered child molestation; instead, they are misdemeanors (incredibly, they can still carry a 1-year prison term).
Prior coverage: Injustice In Georgia: The Case of Genarlow Wilson, Injustice In Georgia: The Case of Genarlow Wilson, Part 2 and Thoughts on Justice and Punishment. More from NY Times and AP.