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-   -   They put a fucking 17 YEAR OLD in JAIL for this?! (http://cellar.org/showthread.php?t=12875)

Ibby 12-22-2006 01:41 PM

They put a fucking 17 YEAR OLD in JAIL for this?!
 
http://www.gwinnettdailypost.com/ind...well_id=2&weak
Quote:

ATLANTA (AP) — The Georgia Supreme Court has turned down an appeal from a teen who was sentenced to 10 years in prison for having sex with a 15-year-old.
In a ruling released Friday, the court denied a motion for reconsideration filed by lawyers for Genarlow Wilson, who was 17 when he and the 15-year-old engaged in consensual oral sex. He was sentenced for aggravated child molestation.
Wilson’s case was one of two cases that were cited earlier this year when lawmakers passed a law that otherwise strengthened penalties for sex offenders, but reduced the penalty from a felony to a misdemeanor for some teenagers convicted of sodomy.
Presiding Justice Carol Hunstein noted that in easing the penalties for teens, ‘‘the Legislature expressly chose not to allow the provisions of the new amendments to affect persons convicted under the previous version of the statute.’’
Hunstein added she was ‘‘very sympathetic to Wilson’s argument regarding the injustice of sentencing this promising young man with good grades and no criminal history to 10 years in prison without parole and a lifetime registration as a sexual offender because he engaged in consensual oral sex with a 15-year-old victim only two years his junior,’’ but said the court was bound the by limits set by the Legislature.
Oh. My. Fucking. God.

I'm the same age as the chick, and I'm more than capable of deciding who I do and don't go down on. Two fucking years older. TEN FUCKING YEARS. The kid was a FUCKING MINOR, and he got TEN FUCKING YEARS cause his girlfriend was TWO years younger than him. TWO. Thats 730 days.

I have lost all fucking faith in the entire southern half of the fucking country. Good fucking going, Georgia.

Fuck, man. I mean really. God-FUCKING-dammit, this is fucking stupid.

And just for good measure... FUCK.

Sundae 12-22-2006 01:55 PM

I wonder if the jury took anything else into consideration. After all they are entitled to return a verdict of not guilty if they believe the law is unjust (and the guilty verdict in this case carried a mandatory sentence).

They were at a party where there was drinking, smoking weed, people videotaping eachother having sex and at which Wilson was accused of raping a 17 year old too drunk to give consent (he was acquitted - I'm not saying he deserves the sentence for this).

Now although I didn't attend any parties like that at 15, I did at 17 (except the taping bit) but perhaps the jury had different ideas as to what constituted a safe environment and whether social coercion took place. The 15 year old gave head to a number of guys that night.

wolf 12-22-2006 01:59 PM

Quote:

but reduced the penalty from a felony to a misdemeanor for some teenagers convicted of sodomy.
So, if he'd anally raped her, he'd get a lesser sentence?

Sundae 12-22-2006 02:01 PM

If he got her pregnant it would have been a misdemeanor too. He'd just have paid income support for the rest of his life.

piercehawkeye45 12-22-2006 02:51 PM

Penalties for acts like this have to be objective.

If the 17 year old was sexually immature for his age and the 15 year old was sexually mature for her age, there is absolutely nothing wrong.

If the 17 year old was sexually mature and the 15 year old was sexually immature and the 17 year old took advantage of this fact, I could see punishment, but not ten years.

xoxoxoBruce 12-22-2006 06:08 PM

Good idea, anyone under 21 that sullies themselves and others with any of those horrendous sins, should be locked up for at least ten years for doing the work of the devil. Tsk tsk on the naughty heathens. :corn:

DanaC 12-22-2006 06:57 PM

That's unbelievably harsh.

I have always been in favour of regulating teenage sex more fairly. A lot of countries have an age limit, but treat 'offenders' according to age gap; so if a 17 year old and a 15 year old get together, it is not treated as seriously as if a 21 year old and a 15 year old got together.

Poor lad.

Aliantha 12-23-2006 03:11 AM

It seems very harsh to me too.

I was on a jury once and it was a rape trial. Both were consenting adults but the chick with the charges couldn't remember anything. Literally all her answers to the prosecuter and the defandants qc were, 'I can't remember'. She definitely had a roo or two loose in the top paddock, but there was no evidence to suggest she'd been raped at all.

The defence came down to whether the defendants should have been responsible for knowing if the girl was capable of knowing what she was doing or not.

It's always hard to really understand these types of things unless you've got all the evidence first.

I was the chairperson in our jury, so responsible for leading discussion etc. As most of you know, I've a personal issue with rape, so it was a tough case for me, but the evidence didn't suggest rape, and so the alleged offenders were found not guilty.

Sometimes it's easy to sit back and say, 'that's not fair', but sometimes, you don't get the full story.

rkzenrage 12-23-2006 03:15 AM

Ignorant and crazy.

tw 12-23-2006 05:40 AM

Quote:

Originally Posted by rkzenrage
Ignorant and crazy.

Not true. You have seen it here - the so many who say laws must be enforced no matter what. Screw it when the law does not conform to its purpose. We must still prosecute them. Judges have no right to determine when laws are justified. Mandatory sentences for marijuana are especially important to protect us from ourselves. Screw the kid with years of prison time. He deserves it - according to the law. He broke the law. That is the righteous American way as soon as we kill off all those liberal judges.

piercehawkeye45 12-23-2006 12:50 PM

Why not?

Do you have no symapthy for someone who just made a simple mistake? Ten years for getting a damn blowjob. What is the point of that long of sentence? He already learned his lesson and all this is doing is making him hate the state even more and going to RUIN HIS LIFE! This type of sentence isn't going to prevent anyone else from doing the same thing so it is extremely unnessesary.

Quote:

Mandatory sentences for marijuana are especially important to protect us from ourselves.
If someone is going to ruin their life from marijuana they are most likely going to ruin their lives in other ways too. Most people can use marijuana without screwing themselves over, it is only the few that give in to it.

Quote:

Screw the kid with years of prison time.
Tell that to his parents. You don't have any kids do you?

richlevy 12-23-2006 01:13 PM

Well, in the Marcus Dixon case, he was 18 and the girl was 15. He was convicted under the same law which was reversed by the Georgia Supreme Court.

Marcus had a few advantages in that he was an honor student, promising athlete, and that there were racial overtones.

Unfortunately, the legislature did not grandfather the changes to the law. The real injustice was that Dixon was 18 and his conviction was reversed and Wilson was 17 and his was not. Also, while the court ruled that the changed law did not apply to Wilson, they overlooked the fact that Dixon was also charged under the original law and they reversed his case.

IMO, this deserves a review by the Supreme Court under the Equal Protection Clause. Every rape case has different circumstances, but the State of Georgia should be forced to defend the different handling of these two cases.

rkzenrage 12-23-2006 01:16 PM

Quote:

Originally Posted by tw
Not true. You have seen it here - the so many who say laws must be enforced no matter what. Screw it when the law does not conform to its purpose. We must still prosecute them. Judges have no right to determine when laws are justified. Mandatory sentences for marijuana are especially important to protect us from ourselves. Screw the kid with years of prison time. He deserves it - according to the law. He broke the law. That is the righteous American way as soon as we kill off all those liberal judges.

Wrong... that is a judges job, to interpret the law, their raison d'etre. It is how the law gets changed. They can also mitigate sentencing, they do it all the time.
Funny, TW.

Ibby 12-23-2006 01:16 PM

Uh, sarcasm?

rkzenrage 12-23-2006 01:17 PM

Hence my last line.. Um read?

Ibby 12-23-2006 01:28 PM

nonono, i wasnt talking to you, rkzenrage.

rkzenrage 12-23-2006 01:31 PM

Sorry... misunderstood.

Shawnee123 12-23-2006 01:44 PM

Another night the lights went out in Georgia.

Freaking insane.

piercehawkeye45 12-23-2006 02:05 PM

If you're talking to me I have seen a lot of people that are more extreme than that and were serious. Sorry if I missed it but sometimes its tough since sarcasm usually includes a tone of voice or expressions that are missing in forums.

freshnesschronic 01-07-2007 11:42 PM

Wow. De ja vu.

I was 17 my girlfriend was 16 and the cops busted us for sex in the public beach parking lot at 11 PM. They asked her mom if she wanted to press charges, thankfully, my life has not been shaken because her mom did not. Consensual sex laws are always going to be subject of debate. I'm surprised that the 15 year old girl didn't try to help him out declaring that it was consensual. I know I owe my girlfriend everything for her verbal support of our situation.

yesman065 01-08-2007 09:14 AM

I am utterly outraged - That is absolutely amazing to me. Each situation like this has to be looked at individually. I admit, I don't know all the facts, but it seems to me this kids who got a BJ from his girlfriend is being treated the same as someone who grabs a girl off the streets and rapes her? Consent has to be looked at as a major component when determining punishment, if any. It seems like this is a great example of a law designed to protect our children that is harming them instead.

wolf 01-09-2007 02:29 PM

The law has to draw a line which determines at what age someone is capable of consent. That's where the notion of statutory rape comes from. If the only element is consent, without regard to competency, then all sex with children is legal, even if the 'consent' provided is the result of grooming or coercion on the part of the pedophile.

That's a well-greased slipperly slope you're riding.

Shawnee123 01-09-2007 02:37 PM

Drawing a line seems to me to be exactly why the age is set at 18. The gov can't assess the "competency" or intellectual reasoning ability of every teenager who has sexual relations. If one of the participants is over 18 and the other isn't: statutory rape. If they're both teenagers, no rape at all. Drawing a line may not always work the way it should, but the line shouldn't be bent around at every mad parent's whim.

wolf 01-09-2007 02:38 PM

The age of consent is not 18 in every state, in some it is as low as 14.

And a teenager CAN certainly rape a teenager. Assuming consent is worse than assuming lack thereof.

yesman065 01-09-2007 02:46 PM

Sorry wolf, I NEVER meant to say that age was an invalid part of the equation, I just thought that consent should also be involved. I like the way Shawnee put it best.

piercehawkeye45 01-09-2007 02:53 PM

You can't put a certain age for legal sex because girls mature at different ages. If a girl is fully matured at 14 why can't she have a responsible mature relationship with an 18 year old? But then there is another 14 year old that will be taken advantage of because of her immaturity mentally to be able to handle a relationship.

Shawnee123 01-09-2007 02:53 PM

OK, I just looked up Georgia and the age of consent IS 16. So, I stick by my analysis but my assumption that neither of them were older that the age of consent was wrong.

And, just for the record, I wasn't talking about rape. Rape and teenagers having sex are two different things. Statutory rape is not the same thing as a teenager forcing another to have sex. I wasn't assuming consent myself, I was assuming the article projected it was consensual, otherwise there would be no question that the guy should be punished.

Dagney 01-09-2007 04:05 PM

Quote:

Originally Posted by piercehawkeye45 (Post 305764)
You can't put a certain age for legal sex because girls mature at different ages. If a girl is fully matured at 14 why can't she have a responsible mature relationship with an 18 year old? But then there is another 14 year old that will be taken advantage of because of her immaturity mentally to be able to handle a relationship.

But what defines 'fully matured'? I know people who are in their 30's and 40's who wouldn't fit a definition of 'fully matured' when compared to some people younger than them.

piercehawkeye45 01-09-2007 04:44 PM

Quote:

Originally Posted by Dagney (Post 305788)
But what defines 'fully matured'? I know people who are in their 30's and 40's who wouldn't fit a definition of 'fully matured' when compared to some people younger than them.

Both mentally and physcially mature. They usually go hand in hand but not always.

Shawnee123 01-09-2007 04:58 PM

Quote:

Originally Posted by piercehawkeye45 (Post 305800)
Both mentally and physcially mature. They usually go hand in hand but not always.

Mental maturity is completely subjective and immeasurable. No way to deal with that, hence the problem.

piercehawkeye45 01-09-2007 06:22 PM

Yes, but you can get a rough idea and base the punishment off that. I know that won't be accepted very well and will be corrupted but it is better than putting a 17 year old in for 10 years for getting a blow job from someone two years younger than him.

Shawnee123 01-09-2007 06:57 PM

I agree...the punishment is ridiculous.

I'm just playing devil's advocate when I say that it would be impossible to ascertain "maturity" for each and every time someone violates this law. Who decides? Psychiatrists? Who pays for that for every case like this that comes along?

The law as it pertains to the federal regulations I have to abide by in my job allow little room for subjectivism; everyone is treated as everyone else. That way, we cannot be accused of liking someone, or not liking someone, and basing decisions on our personal feelings.

I read that the law in Ohio says the age of consent is 16 as well. I lost "it" at 17 1/2 years old. My boyfriend was almost 16. Can you imagine (or, can I imagine) that I could have spent 10 years for falling into the love of youth and acting on it?

Scary stuff!

Ibby 01-09-2007 08:17 PM

My girlfriend turns 16 today.

Well too fuckin' bad!

piercehawkeye45 01-09-2007 09:00 PM

And how old are you Ibram?

wolf 01-09-2007 09:05 PM

You are restricted under the laws of the jurisdiction you're in, Ibram. Age of consent in China is probably 25. Remember that kid in Singapore that got caned for grafitti?

Ibby 01-09-2007 09:21 PM

Well she's not in Taiwan, and it's sixteen in Maryland, where she is.

I'll be old enough in a couple months, though...

monster 01-09-2007 09:32 PM

Why is it always the case that the issues where it so easy to draw a physical line between "good' and "bad" are those where they grey areas are most needed, and those where a clear definition is needed are those where the dividing line is a grey smudge at best? It's so easy to say "the sex you had was wrong because s/he was only 15", and yet so hard to rule that "the sex you had was wrong because you didn't realize she really meant it when she said no because last time she din't report it".

piercehawkeye45 01-09-2007 10:26 PM

Quote:

Originally Posted by monster (Post 305898)
Why is it always the case that the issues where it so easy to draw a physical line between "good' and "bad" are those where they grey areas are most needed, and those where a clear definition is needed are those where the dividing line is a grey smudge at best?

Too much work is my guess. It is much easier just to draw a line on hard issues then trying to work it out.

xoxoxoBruce 01-10-2007 08:34 PM

Quote:

It's so easy to say "the sex you had was wrong because s/he was only 15", and yet so hard to rule that "the sex you had was wrong because you didn't realize she really meant it when she said no because last time she din't report it".
Where did that come from? Did anyone suggest non-consentual was ok? :confused:

monster 01-10-2007 09:00 PM

Quote:

Originally Posted by xoxoxoBruce (Post 306225)
Where did that come from? Did anyone suggest non-consentual was ok? :confused:


No, sorry if I implied that -which I probably did- I was trying to allude the the (adult) cases where alleged rapists are found not guilty because at one point in the past, she said no but didn't cry rape afterwards...... There was a spate of such cases reported a year or so back along the lines of "she set a precedent for no not meaning no", so these cases were hard to convict, whereas in underage consensual sex, it's easy to convict even if no-one cries rape, simply because a minimum age is so easy to define and enforce.

That's probably not any clearer. perhaps I should look into a career in politics?

xoxoxoBruce 01-10-2007 10:18 PM

Much clearer, thanks. I went back and read the entire thread trying to find a reference. :lol:

monster 01-11-2007 12:15 AM

sorry :redface:

xoxoxoBruce 01-11-2007 11:53 PM

No problem, I knew you had a good point, I was just wondering what triggered it. :thumbsup:

monster 01-12-2007 12:02 AM

alcohol, most likely ;)

AgentApathy 01-12-2007 12:37 AM

I agree that if the kids in question are members of the same peer group, there should be different considerations. Kids are rash, impulsive, and not at all scholars of the law. If someone had wanted to push it, I was 15, nearly 16, at my first sexual encounter, and my boyfriend was 17. I'd hate to see him pay for the rest of his life for being a horny teenager having consensual sex.

The same crap happened to a kid here in Austin. He was 17, she was 15, and they attended the same high school. 15 y.o.'s mom was a judge, so when she got knocked up, Mom went through the roof and threw the book at the 17 y.o. As a result, the 17 y.o. will have the stigma of being a "sex offender" for the rest of his life, complete with his neighborhood being papered with postcards informing neighbors of the "sex offender" in their 'hood every time he moves... for the rest of his life. No explanation is contained on this card; it's up to the recipient go to look at the website to see what he was convicted of, and you can be sure that the average suburban mom won't do that: she will just freak out and organize the other moms to picket the poor kid's house (this happened).

I wish people would really think about these things before passing judgment. Another friend went through a messy divorce in which his ex accused him of fondling their boys. That was 20 years ago and the boys, now adults, are active in their dad's life, over at the house all the time and will tell you that their dad never did anything wrong to them (but that their mom is nasty and spiteful), but he also gets the postcards and picketing if he moves. Nice, eh?

What ever happened to paying your debt to society? Justice is blind, sometimes more often than we think.

Clodfobble 01-12-2007 09:06 AM

Quote:

Originally Posted by AgentApathy
The same crap happened to a kid here in Austin.

When was this?? I'm assuming you know the kid...

piercehawkeye45 02-11-2007 02:24 AM

This thread has been dead for a while but I found an article about this guy which goes into a lot more detail and brings up a fact that this may be a race issues as well.

http://sports.espn.go.com/espn/etick...ry?page=wilson

There is a petition if you feel like signing it

http://www.wilsonappeal.com/index.php

xoxoxoBruce 02-11-2007 04:57 PM

I wonder how the chick feels other than not believing he should be jailed?

I also wonder what % of the sex offenders list is people like this? That ruins their lives for no reason and dilutes the effectiveness of having a list.:(

Happy Monkey 02-12-2007 01:38 PM

Does it dilute the effectiveness or compound the ineffectiveness?

xoxoxoBruce 02-12-2007 11:39 PM

Good point. I think the idea is sound for the never to be rehabbed perverts, but implementation is problematic. :smack:

steppana 02-13-2007 05:56 AM

Too young a pair
 
Of course, the idea behind this law, which everyone seems more than willing to ignore, is that if the bitch births a bastard, the stud can't pay for maintenance at his age.
You forget that society is also impacted by the result of your willingness to jump in the sack. Girls might change their attitude if they realised that their main attraction is that the guy gets to come without the effort of jacking off. You're just tight bags for them to ejaculate in.
And Jesus has nothing to do with it, swarthy little lying wanker that he was.

xoxoxoBruce 02-13-2007 06:16 AM

Uh, were talking about a blow job here. Screwing her would have gotten him a year or two, this got him 10! :(

Happy Monkey 02-13-2007 11:42 AM

Quote:

Originally Posted by steppana (Post 315315)
Of course, the idea behind this law, which everyone seems more than willing to ignore, is that if the bitch births a bastard, the stud can't pay for maintenance at his age.

That isn't even close to the idea behind the law. He was charged with aggravated child molestation, not being a deadbeat dad. The idea behind the law is that she was too young to consent, which should be somewhat mitigated by the fact that he wasn't much older.

Flint 02-13-2007 12:22 PM

Quote:

Originally Posted by steppana (Post 315315)
Girls might change their attitude...

I'll bet that waiting for that miraculous 360 in human nature is a good plan.

Sundae 02-13-2007 12:37 PM

Quote:

Originally Posted by steppana (Post 315315)
...society is also impacted by the result of your willingness to jump in the sack.

Is it? Society is impacted by lil ole me sucking someone off?
Damn, it's enough to make a girl feel subversive!

Quote:

Girls might change their attitude if they realised that their main attraction is that the guy gets to come without the effort of jacking off.
Nope. If I fancy someone enough to give head they're welcome to enjoy it. Anyway, they're already put enough effort in if they've got me on my knees, mouth open.
Quote:

You're just tight bags for them to ejaculate in.
I don't think we've met have we? Thanks for the tight bit though.
Quote:

And Jesus has nothing to do with it, swarthy little lying wanker that he was.
Ah but at least he could be bothered to wank, eh? Didn't just lie back waiting for a tight bag to happen along....

Hmmmm, I seem to be feeling a bit NSFW tonight.

BigV 02-13-2007 05:10 PM

Quote:

Originally Posted by Happy Monkey (Post 315022)
Does it dilute the effectiveness or compound the ineffectiveness?

Does it dilute ... or concentrate.

Does it reduce ... or compound?

What do you think? [/editor]

Clodfobble 02-13-2007 05:10 PM

Quote:

Originally Posted by Flint
I'll bet that waiting for that miraculous 360 in human nature is a good plan.

Certainly a better one than waiting for a 180... :stickpoke

Flint 02-13-2007 05:16 PM

Quote:

Originally Posted by Flint (Post 315390)
I'll bet that waiting for that miraculous 360 in human nature is a good plan.

Quote:

Originally Posted by Clodfobble (Post 315464)
Certainly a better one than waiting for a 180... :stickpoke

I was being literal, not sarcastic. Duh.

DanaC 02-13-2007 05:36 PM

Quote:

Of course, the idea behind this law, which everyone seems more than willing to ignore, is that if the bitch births a bastard, the stud can't pay for maintenance at his age.
You forget that society is also impacted by the result of your willingness to jump in the sack. Girls might change their attitude if they realised that their main attraction is that the guy gets to come without the effort of jacking off. You're just tight bags for them to ejaculate in.
And Jesus has nothing to do with it, swarthy little lying wanker that he was.
Wow.

Urbane Guerrilla 02-20-2007 06:41 AM

Uh, Flint, I don't think literality was what you wanted.

This case showed up on O'Reilly tonight. Three-way jabberfest between two female guests of varied professional credentials and O'Reilly -- beyond that I can't say it left much of an impression. O'Reilly as usual took the position that it's better to keep it zipped; he doesn't reckon volunteering for trouble by sailing in phallus first is ever a good thing, whether actual trouble ensues or no. In this case, it ensued.


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