In the Wake of Genarlow Wilson: Young Men are Even Less Safe in Georgia!

In the Wake of the Genarlow Wilson Case:  Young Men in Georgia are Even More at Risk.

 By Robert Giannini

             The case of Genarlow Wilson captivated the attention of the nation a few years ago.  You may remember that Genarlow was a 17 years-old young man who engaged in consensual oral sex with a young woman at a party.  In fact, the young woman performed oral sex on several young men at the party.

            There was no indication that the young woman was forced to do anything with any of the young men at the party.  All accounts indicate that not only did she do what she did voluntarily, it also seems she was eager to participate.  In fact, she enjoyed what she did.

            So all seemed to be okay: young men and young women doing things that young people have done since the time of Adam and Eve.  But there was a problem.  Although the young lady was a teenager just like Genarlow, she was only 15 years-old at the time. This made the act a crime.  Not a crime for the eager young woman, but a crime for her male party guests.

            At that time in Georgia, the law was that since Genarlow was 17, and the girl was 15 when she gave him oral sex, Genarlow was guilty of aggravated child molestation.  It was called “child molestation” because Genarlow was 17 and had sexual contact with a woman who was 15.  And it was called “aggravated” because this contact involved an act of “sodomy.” 

            Now, sodomy in the eyes of Georgia law is not just what we normally think of: It also includes oral sex.  And regardless of whether she was the receiver or the giver (which she eagerly was), the young woman’s actions made Genarlow Wilson guilty of Aggravated Child Molestation.

            When this case hit the media, the severity of the sentence shocked many people.  Genarlow was sentenced as required by law to serve not less then 10 years in the prison system. This was a mandatory sentence that the judge could not undercut.

            The harshness of this sentence as compared to the nature of the crime actually committed caused an uproar in the public.  The Georgia public is normally only too eager to go right along with any changes in the laws which increase punishments for child molesters, drunk drivers and the like.  But this time even the normally complacent public could not stand back.

            Protests were held and letters were written.  Eventually the Georgia Supreme Court was persuaded to take action and Genarlow was released. Wilson v. State, 652 S.E. 2d 501, 282 Ga. 520 (2007)

            The Georgia legislature got in on the act also and changed the law.  Now, contact between involving sodomy will be treated as a misdemeanor if the accused is under 18 and the victim is not more than 4 years younger.  Thus, even under the new law Genarlow’s conduct would have been criminal, but he would have only faced a misdemeanor charge carrying a maximum of 12 months in jail and no requirement to register as a sex offender.

            However, the rest of the law on this subject was made even harsher. Keep reading for the scary part.

            Do you have a son attending college in Georgia?  If so, then consider this frightening scenario:

            A 19 years-old boy goes to a University of Georgia fraternity party.  There he meets a girl.  They dance and talk.  He is a freshman at Georgia.  She says she is a sophomore.  She asks to go back to Russell Hall to his dorm room, so he takes her there.  In his dorm room they kiss.  And, as will sometimes happen, she offers to perform oral sex on him.  He accepts.  There is no force or threats made by either, and they are not drunk. 

Later she tells her older sister of the encounter and her sister tells their parents.  The parents call the Athens-Clarke County Police because the girl is not a sophomore at the University of Georgia like she said she was.  Rather, she is a sophomore at Cedar Shoals High School and is but 15 years of age.

            The Athens-Clarke County Police arrest the boy and charge him with aggravated child molestation.  You may remember that this is the same charge that Genarlow Wilson was sentenced to 10 years in prison for.

            But the boy in this scenario no longer faces 10 years in prison like Genarlow Wilson did.  Because he is 19 years old, the boy now faces at least 25 years in prison, with a maximum of life in prison! All because some girl gave him oral sex. This is a mandatory period of imprisonment – which means the judge cannot give less time. See O.C.G.A. sec. 16-6-4(d)(1).

            I love the state of Georgia. I went to high school in Sandy Springs, college at the University of Georgia, and law school at Georgia State. Both of my parents are UGA grads. Both of my brothers and my sister all attended UGA and Georgia State. My mother’s family is from Rome Georgia. This is our home and I am proud of this state.

            But, I am not proud of the draconian laws passed by the Georgia Legislature. It seems that every year enthusiastic legislatures get all fired up and promise to “get tough” on crime. They pass harsher and harsher laws, often including mandatory sentencing provisions. And in these drag nets of Draconian laws are often caught people who may have just violated the letter of the law, and woe unto them.  Woe unto your 19 year-old son or grandson who has contact with a girl who lies about her age. 

            We don’t need harsher laws. I assure you, are laws are harsh enough already. And if you have a son, the laws are frighteningly harsh and unforgiving.