Wrongfully Imprisoned for a Blowjob

Via Majikthise, this is complete bullshit:

The case of a 17-year-old boy is serving jail time for a consensual blow job from a 15-year-old girl is back in court:

ATLANTA, June 14 — Georgia’s Supreme Court agreed on Thursday to hear the state’s arguments for keeping in prison a man who had consensual sex with a 15-year-old girl when he was 17. The state’s attorney general later said the prisoner’s release could lead to hundreds of incarcerated child molesters looking for a way out.

The argument is bull.  Why should the guilt of other people incarcerate an innocent man?

As for the crime itself, they were both minors, the sex was consensual.

Wilson, now 21, has served more than 28 months in prison.

He spent over two years of his life in prison for this.  Two years.

Lindsay answers the attorney generals stated worry with another question:

Frankly, I find it hard to believe there’s no legal maneuver that could free Wilson without springing all the child molesters in Georgia.

Even so, it’s it a core principle of our legal system that it’s better to let a hundred guilty people go than to wrongfully imprison one person?

This case is a great argument for building more flexibility into our legal system:

Attorney General Thurbert Baker has been criticized for appealing a state judge’s decision to void Genarlow Wilson‘s 10-year sentence. He said at a news conference that he has no choice under the law, and that the state Superior Court had no authority to reduce or modify the trial court’s sentence.

One question is why hasn’t the state legislature corrected this miscarriage of justice?

From NPR:

An interesting exception in Georgia law would have given Wilson just one year in prison if he and the girl had engaged in sexual intercourse. Since Wilson’s conviction, that loophole has been closed by state lawmakers.

But the conviction remained in place at 10 years.

Judge Thomas H. Wilson said, “The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this court will spend eight more years in prison, is a grave miscarriage of justice.” The judge is not related to Genarlow Wilson.

So much is wrong with this case.  The fact that it was oral sex rather than intercourse increased the sentence by a factor of 10.  The state of Georgia changed their law, and yet this young man remains incarcerated.

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