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Saturday, October 27, 2007

Georgia Supreme Court Finally Frees in Consensual Oral Sex Case

From NYTimes.com:-- Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager.

The court ruled 4-3 that Genarlow Wilson 10-year sentence was cruel and unusual punishment.

Wilson's lawyer, B.J. Bernstein, said she expected Wilson would be released Friday afternoon from the Al Burruss Correctional Training Center in Forsyth, Ga.

''His mother is just thrilled. We're all in a little bit of shock,'' Bernstein said.

Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.

Wilson was acquitted of raping another 17-year-old girl at the party.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.

Rest of Article. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2007/10/georgia-supreme.html

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