WTF: Teen Given 10 Years For Having Sex With Girl Two Years Younger

[|Zach|]

http://www.gwinnettdailypost.com/ind...ange_well_id=2

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. ———
On the Net:
Georgia Supreme Court: http://www.gasupreme.us.

[Lzen]

Wow, that's just plain idiocy. WTF?

[dj56dt58]

Originally Posted by Rooster

Check out this BS... Kindergarten kid gets written up for sexual harassment.



The Herald-Mail ONLINE
http://www.herald-mail.com/

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Wednesday December 20, 2006
School accuses 5-year-old of sex harassment
by ERIN CUNNINGHAM
[email protected]

HAGERSTOWN - A kindergarten student was accused earlier this month of sexually harassing a classmate at Lincolnshire Elementary School, an accusation that will remain on his record until he moves to middle school.


Washington County Public Schools spokeswoman Carol Mowen said the definition of sexual harassment used by the school system is, "unwelcome sexual advances, request for sexual favors and/or other inappropriate verbal, written or physical conduct of a sexual nature directed toward others."


Mowen said that definition comes from the Maryland State Department of Education.


According to a school document provided by the boy's father, the 5-year-old pinched a girl's buttocks on Dec. 8 in a hallway at the school south of Hagerstown.


Charles Vallance, the boy's father, said he was unable to explain to his son what he had done.


"He knows nothing about sex," Vallance said. "There's no way to explain what he's been written up for. He knows it as playing around. He doesn't know it as anything sexual at all."


The incident was described as "sexual harassment" on the school form.


School officials consider a student's age and the specific action when determining what administrative action to take, Mowen said.


Lincolnshire Principal Darlene Teach and Mowen said they were unable to discuss he incident involving the Lincolnshire student.


Teach said any student, regardless of grade level, can be cited for sexual harassment.


"Anytime a student touches another student inappropriately, it could be sexual harassment," Teach said.


School administrators at a Texas school in November suspended a 4-year-old student for inappropriately touching a teacher's aide after the prekindergarten student hugged the woman.


"It's important to understand a child may not realize that what he or she is doing may be considered sexual harassment, but if it fits under the definition, then it is, under the state's guidelines," Mowen said. "If someone has been told this person does not want this type of touching, it doesn't matter if it's at work or at school, that's sexual harassment."


The incident will be included in the boy's file while he remains at Lincolnshire, but Mowen said those files do not follow students when they move on to middle school.


She described the incident as a "learning opportunity."


During the 2005-06 school year, 28 kindergarten students in Maryland were suspended for sex offenses, including sexual assault, sexual harassment and sexual activity, according to state data. Fifteen of those suspensions were for sexual harassment.


During the 2005-06 school year, one Washington County prekindergarten student was suspended from school, and 12 of the county's kindergartners were suspended for various offenses, according to state data.


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CopyrightThe Herald-Mail ONLINE

I think the teachers are the ones that should be accused of sexual harrassment for taking it that way. How STUPID are these people?

[Lzen]

Originally Posted by dj56dt58

I think the teachers are the ones that should be accused of sexual harrassment for taking it that way. How STUPID are these people?

No kidding. The teachers, principals, etc. should have the knowledge to realize that 4 and 5 year olds know nothing about sex. That's asinine.

[Rooster]

Originally Posted by Lzen

No kidding. The teachers, principals, etc. should have the knowledge to realize that 4 and 5 year olds know nothing about sex. That's asinine.

I agree 100%. These are educated care givers and they don't seem to understand the behavior of small children. They are little kids. Kids at that age are always going to push, pinch, and grab. What happened to the teacher saying "Keep your hands to yourself".

[RJ]

These crazy kids today with their blow jobs and text messaging and funny shoes. It's good we have laws like this to protect them from themselves. I'm sure that now word has gotten out about the punishment these teens won't want anything to do with oral sex.

[allen_kcCard]

Originally Posted by Lbedrock1

This same law convicted a highschool kid who was excepted into collage to play football at a major university

Perhaps we can look at the bright side, this is stellar resume material for him to join the Bengals upon release.

[JohnnyV13]

Originally Posted by (Zach)

Maybe if he avoids unloading in her mouth they could take the "aggravated" part out?

I'm certain this sentance will be appealed. In fact, I'm sure there will be plenty of defense lawyers who will volunteer their efforts to challenge this law on constitutional grounds. I would be very surprised if there weren't some liberal law professor at the Univ of Georgia that is putting together a student team to challenge it. I bet this is going to the US supreme court.

Unfortunately, mandatory sentancing has held up against challenge in most states. But here, the distinction between oral sex vs. regular intercourse seems irrational. The natural ground to challenge this law is as "cruel and unusual punishment" (on the basis that the magnitude of the crime doesn't match the sentance, but this theory hasn't worked well in previous mandatory sentancing cases) or under the due process clause because it is an "abitrary and capricious" distinction between regular intercourse between minors and agg. sexual assault.

The problem is, the trial judge doesn't have the power or the authority to dismiss the case on these grounds. The party I really blame is the prosecutor's office. The prosecutor has "prosecutorial discretion" to file charges and frankly, I find it unbelievable that the prosecutor chose to pursue this action. When the judge is making these statements, the judge is likely not very happy with either the legislature OR the prosecutor. This is judge-speak for "you are MORONS!".

The legislature CHANGED the law...cited this case as one reason, then expressly said that the change in the law shouldn't apply to already adjudicated cases.

OK....the way out here is for the governor to issue a pardon. If you guys want to do something...we should all e mail the governor of georgia.

[Calcountry]

Originally Posted by Dongless

So, did he go down on her or vice versa?

What is it with you? Can you read? You are always asking for clarifications?

[Rain Man]

Originally Posted by Rooster

School administrators at a Texas school in November suspended a 4-year-old student for inappropriately touching a teacher's aide after the prekindergarten student hugged the woman.


"It's important to understand a child may not realize that what he or she is doing may be considered sexual harassment, but if it fits under the definition, then it is, under the state's guidelines," Mowen said. "If someone has been told this person does not want this type of touching, it doesn't matter if it's at work or at school, that's sexual harassment."


The incident will be included in the boy's file while he remains at Lincolnshire, but Mowen said those files do not follow students when they move on to middle school.


She described the incident as a "learning opportunity."

Lesson learned: never hug anyone if your face is only at the height of their hips.