An interesting exception in Georgia law would have given Wilson just one year in
prison if he and the girl had engaged in sexual intercourse. Since Wilson's
conviction, that loophole has been closed by state lawmakers.
If upheld, this week's ruling by the judge will void Wilson's 10-year sentence
and reclassify it as a misdemeanor with a 12-month term. The 21-year-old will
get credit for time served and will not be required to register as a sex
offender.
Judge Thomas H Wilson said, "The fact that Genarlow Wilson has spent two years
in prison for what is now classified as a misdemeanor, and without assistance
from this court will spend eight more years in prison, is a grave miscarriage
of justice." The judge is not related to Genarlow Wilson.
But Attorney General Thurbert Baker disagrees. He is challenging the judge's
authority to commute the sentence and is taking his appeal to the Georgia
Supreme Court.
Wilson also was charged with rape, along with five other males who accepted
plea deals, for having sex with another 17-year-old girl at the party. He was
acquitted of that charge.
Legislating sex
As Wilson's cases demonstrates many state legislatures are still trying to
figure out what is right and what is wrong when it comes to teen sex. It cannot
be argued that the intentions are not good, legislators are simply trying to
protect children from sexual exploitation and molestation.
Technically speaking though Wilson is also as much a 'child' as the young women
- who was 15 - that he is accused of 'molesting'. At 17 years old most states
and federal law define Wilson as a minor at the time of the 'crime'.
How can one minor having consentual sexual relations with another minor lead to
one of them being deemed a child molestor?
It is a question that American society is struggling to define legally.
Certainly a 35 year old having sex with a 17 year old is wrong, American
society defines. But a 36 year old with an 18 year old is fine under current
laws. 19 and 18? No problem. 18 and 17 though can lead to 'statutory rape' in
many jurisdictions. While and 18 year old with a 16 year old leads to child
molestation charges in most jurisdictions.
So where is the line drawn? In America it seems nobody knows.
Wilson only 2 years senior of the 'child' he is convicted of molested, and at
17 himself a minor could face being deemed a child molester for the balance of
his life.
Teaching new lessons
Acting as a strange barometer to Wilson's situation is the legal ambiguity in
prosecuting teachers having sex with minor students; the amibiguity seems to be
largely based on the sex of senior offender in each case.
Male versus female seems to be key in determining the veracity of cases in the
US. A male teacher having sex with a female minor student is deemed a pedophile
and sentenced more harshly than a female teacher having sex with a minor
student.
In the cases with the female teachers having sex with minor students,
mitigating factors in prosecution appear to be 'boys sowing their wild oats',
and seem even more mitigating if the female teacher is attractive.
While for the male teacher having relations with a minor student finds himself
classified a person who abuses his power power, manipulates and ultimately
molests the innocent, unexperienced female student he was charged to protect.
If this same logic were applied to Wilson's case it raises questions as to
whether if Wilson had been the fifteen year old performing oral sex on a 17
year female, what charges, if any, and prosecution would have resulted?
