Citing his 10 year sentence for having consensual sex oral sex with a 15-year old girl when he was 17 as "cruel and unusual", the Georgia Supreme Court, in a 4-3 split decision, has ordered the release of Genarlow Wilson.

See the court's decision here:
http://www.gasupreme.us/press_releases/wilson_op.pdf

I have written about this case, a true embarrassment for Georgia, more than once before. You can read some more about the case here:

http://sports.espn.go.com/espn/eticket/story?page=wilson

It's too bad for Georgia that even though they got the answer right, it was another embarrassing 4-3 decision to do it. This was a clear case for a unanimous verdict.

2 comments

# Chuck Gallagher Email on 11/03/07 at 09:49
No one is exempt from the law and the law does not discriminate based on age. Yet, young people are often misguided into believing that they can get by without getting caught. In fact, recent studies, concerning the ethical attitudes of youth, indicates that the majority of young people would make unethical choices if they felt they could “get ahead” as a result. Success at all costs seems to be a common theme.

As former inmate from Federal prison, today I share with business executives and young people that simple message: Every choice has a consequence.

I am pleased beyond belief that Genarlow is now getting the taste of freedom again. Genarlow's plight, has helped other young people evaluate the power of their seemingly simple choices. As the founder of the Choices Foundation, perhaps Genarlow would consider stepping up and helping others understand the power of choice.

After all...Every Choice has a Consequence.
# Rossputin [Member] Email on 11/03/07 at 14:30
Chuck,

Thanks for the note.

While I agree with you that "no one is exempt from the law", I disagree with you with you on a couple of other things.

First, the law obviously does discriminate based on age. However, that is generally appropriate as government has a higher role in protecting kids than in protecting adults.

Second, you imply that what Genarlow Wilson did was inherently wrong and was properly the subject of law. And there I disagree with you. This was consensual sex between people who, while probably too young to be having sex responsibly, were only 2 years apart in age. Furthermore, they were both minors, not one adult and a minor.

I would also point out that Wilson would have gotten almost no penalty if he had had intercourse with the girl. He only got the book thrown at him because it was oral sex which, while again conceding is inappropriate for a 15-year old girl, was also exceptionally unlikely to get her pregnant or give her a disease. And the legislature then changed the law but refused to apply the change retroactively to Wilson!

The problem here was not Genarlow's choice's but the fact that he was in an insane state with an insane attorney general. Georgia needs to get out of the 15th century. Just because something is illegal does not mean that the law is just or proper.

Yes, every choice has a consequence, but there was no bit of justice or even protection of children in what Georgia did to this apparently excellent young man. I hope he can recover from this and have a full and excellent life. Georgia owes him an apology and you do him no favors by discussing his case as if he was actually did something wrong...something very different from breaking a law when the law itself is unjust as it was in this case. An "unethical" choice is something which must be permitted as the default unless the protection of an individual demands that choice actually be made illegal. There was nothing like that in this case, and there is nothing in our society which makes it your business or mine to punish people from being "unethical" if they're not hurting others. In my view, that is the position that should be taken in all victimless crimes, such as prostitution, low-level drug use, etc. And that's the case here. Wilson and the girl made a choice that should have had no consequences at all outside of some upset parents taking better control of their daughter.

Leave a comment


Your email address will not be revealed on this site.

Your URL will be displayed.
(Line breaks become <br />)
(Name, email & website)
(Allow users to contact you through a message form (your email will not be revealed.)

Politics, economics, current events, philosophy and more, with an emphasis on free minds, free markets, and free people.

August 2008
Mon Tue Wed Thu Fri Sat Sun
 << <   > >>
        1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31

Search

Blogroll

XML Feeds

Contents

powered by b2evolution free blog software