The Georgia Supreme Court heard the case of Genarlow Wilson today. Wilson was 17 years old when he was sentenced to a mandatory ten years in prison for engaging in consensual oral sex with a younger girl.
A lower court reduced the crime to a misdemeanor earlier this year. The primary issue today was whether that ruling is valid. Since Wilson was convicted, Georgia law re-classified consensual oral sex between minors from a felony to a misdemeanor.
From the bench, the justices questioned whether courts should criminalize teenage behavior.
Presiding Justice Carol Hunstein said, "Not that this kind of conduct should be encouraged, but teenagers make mistakes. Where is the justice in a ten year sentence being on the sex offender registry for the rest of one's life?"
A lower court reduced the crime to a misdemeanor earlier this year. The primary issue today was whether that ruling is valid. Since Wilson was convicted, Georgia law re-classified consensual oral sex between minors from a felony to a misdemeanor.
From the bench, the justices questioned whether courts should criminalize teenage behavior.
Presiding Justice Carol Hunstein said, "Not that this kind of conduct should be encouraged, but teenagers make mistakes. Where is the justice in a ten year sentence being on the sex offender registry for the rest of one's life?"
Meanwhile, Genarlow Wilson remains in prison, having refused a plea deal offered by prosecutors.
Post-hearing statements
Following the hearing, defense attorneys met with reporters. The head of Wilson's defense team, BJ Bernstein said, "There's been so much discussion about what the legislature should do and what others should do, and the politics involved but in the end and in this case, it's been to change the laws to protect children and to let justice be served."
Attorneys for the state and from Douglas County District Attorney's office were unavailable for comment.
In a written statement released to the press, Attorney General Thurbert Baker said his job is to equally enforce Georgia law irrespective of his personal opinion.
D.A.under fire
In recent weeks, the district attorney who handled the case has come under fire for distributing copies of the Wilson sex tape to state legislators and to the media.
On the federal level, the U.S. Attorney for northern Georgia has issued a statement saying that handing out copies of the tape amounts to distribution of child pornography, a crime punishable under federal law. Attorneys for the D.A. disagreed saying it was covered under Georgia's open records act.
