The big problem is what the law considers a "sex offender". The average person hears the words "sex offender" and automatically associates that term
with child molesters and rapist. However, there are a lot more than just child molesters and rapist that are "sex offenders". One of my favorite cases
to use as an example of this is the case of Genarlow Wilson from Atlanta, GA.
This is his story.... On New Year's Eve 2003 when Genarlow Wilson was 17 years old. He attended a party at a hotel. At this party he had consensual
sex with a drunk 17 year old girl. Which was videotaped. The video showed her drunk and sitting on a bathroom floor. Later on in the tape, she is
shown having sex with Genarlow Wilson. At no point in the tape does she tell him to stop nor does she say no. The tape shows her to be very much a
willing participant. Later in that same evening a 15 year old girl, of her own free will, offered to perform oral sex on Genarlow Wilson. Much like
any guy I know, he happily accepted her offer. The next morning the 17 year old girl wakes up hung over, confused and naked. She went to the police
and claimed to have been raped. When the police investigated her claims, they found condoms, alcohol, and the video tape in the hotel room where the
party had occurred. Genarlow Wilson was then arrested.
The Jury at his trial found him not guilty of raping the 17 year old girl, mainly due to the videotape. However, he was found guilty of aggravated
child molestation for his consensual sex with the 15 year old girl. Under Georgia State Law a girl under the age of 16 is not capable of giving
consent. Under Georgia State Law he was sentenced to a minimum of 10 years in Prison, 1 year of Probation and is forced to register as a "sex
offender" for the remainder of his life.
What makes this case very unique is that a majority of what Genarlow Wilson was charged with had to do with the language of the law. The "aggravated"
portion of his charge was about the oral sex he received. Had he had intercourse with the 15 year old girl, he would have been charged with a
misdemeanor offense which carried a sentence of up to 12 months with no sex offender status. However, since he received oral sex and not intercourse,
by definition it was "aggravated child molestation" a felony which carried an automatic 10 year minimum sentence.
Again, Genarlow Wilson was 17 years old. Members of the Jury who convicted him, as well as the author of the law that put him in prison, denounced his
sentence. The Georgia Legislature acknowledge the issues with this Law and then rewrote it. However, the new law was not permitted to be enforced to
any cases that occurred prior to the rewriting of the law. Today Genarlow Wilson would be 24 or 25 years old and he is out of prison. Is there anyone
here on ATS who wants to tell this young man that he deserves to be homeless because a house is too close to a park or school? I wouldn't.
It is my opinion that this young man never should of went to prison. He never hurt anyone. Even the 15 year old girl admitted that she was not forced
in any way at all and that the acts they engaged in were in fact her idea. This young man went to jail for several years for something a lot of young
men do. My first sexual encounter took place when I was 15 and the girl was 17. By law, she is a "sex offender" and in the eyes of a 15 year old boy,
she made my world a better place to live in.
edit on 13-3-2011 by MrWendal because: (no reason given)