Georgia teen Genarlow Wilson remains in prison -- after a judge voided his ten-year sentence for having oral sex with a 15-year-old girl when he was 17.
Under Georgia law, that offensequalified as aggravated child molestation, a felony charge largely intended for use against adult sexual predators, not teenagers like Mr. Wilson, who was 17 at the time of the incident. He had no prior criminal record and was an honors student and star athlete.
Critics pointed out that if Mr. Wilson had engaged in full sexual intercourse with the girl instead of oral sex, under Georgia law he could have been charged only with a misdemeanor, because of an exemption written into the molestation law specifically to cover contact between minors.
But because that exemption did not mention oral sex, when Mr. Wilson was convicted, he received a mandatory sentence of ten years in prison without possibility of parole.
Georgia Attorney General ThurbertBaker indicates that Georgia law does NOT GIVE A JUDGE AUTHORITY TO REDUCE OR MODIFY THE SENTENCE IMPOSED BY THE TRIAL COURT.
By handcuffing the Judiciary-through stripping of the power of judicial discretion- our elected officials have quite thoroughly legislated an iron clad Draconian law that has created-and maintains-the sex offender registries across our nation.
The check and balance of the judiciary branch of government has been altogether eliminated through laws that state the duty of the court is to uphold laws governing those convicted of an offense deemed sexual in nature.
And surprise, surprise...the Feds "encouraged" such laws by threatening the loss of federal funding for law enforcement. Read on:
Congress of the United States has expressly encouraged every state to enact such laws, and has provided that, to the extent that a state's laws do not meet certain federal requirements, the state will lose significant federal funding provided to the state for law enforcement and public safety programs.
Unless a court that enters such an order determines that a person or entity is not operating in accordance with the laws governing sexual predators or sexual offenders, or that such laws or any part of such laws are unconstitutional or unconstitutionally applied, the court unlawfully encroaches on the Legislature's exclusive power to make laws and places at risk significant public interests of the state.
Feeling oppressed yet?
Genarlow Wilson remains in jail because lawmakers have used your children in an hysteric scam in the name of federal dollars and the easy vote.
This could easily be your brother, father, nephew or son...or for that matter, any female relative.
It is that simple.
It's that cut and dried.
And you fell for it, people.
Georgia's AG indicates he will seek an expedited ruling from the Georgia Supreme Court and notes that a plea deal is on the table that would spring Wilson in a maximum of 5 years.
Wilson would also be removed from the sex offender registry.
That's considerate.
NOT GOOD ENOUGH.
A judge has voided the sentence. Politicians have voided judges.
WAKE UP, AMERICA.
DEMAND that Congress schedule hearings regarding the impact of these laws on the American public and their right to due process.
Or sew on a Yellow Star.
Sign the Genarlow Wilson Petition Online.