Consensual sex ruling in limbo
ATLANTA — Genarlow Wilson's joy was short-lived.
The Georgia man, who has become a symbol for extreme cases of getting tough on sex offenders, was ordered released from prison by a judge who called his 10-year sentence for having consensual oral sex as a teen "a grave miscarriage of justice."
The verdict brought cheers from his legal team. His mother, Juannessa Bennett, wiped away tears as she called it "a miracle."
But the mood dampened some 90 minutes later when the state's attorney general announced he would appeal, which will keep the former honors student and football star behind bars for now.
Wilson's case has gained national attention, with critics saying his sentence was far too harsh. Supporters like former President Jimmy Carter have said it raises questions about race and the criminal justice system.
"As far as I'm concerned, this case is a throwback to Southern justice," said state Sen. Vincent Fort, an Atlanta Democrat.
Wilson, 21, and five other male partygoers charged in the cases were black, as were the two teenage girls involved.
Wilson is serving a 10-year mandatory sentence for having consensual oral sex with a 15-year-old girl in 2003, when he was 17. If his conviction is upheld, he will also be placed on Georgia's sex offender registry.
At the time of his crime, Wilson would have faced just one year in prison if he had sexual intercourse with the girl. The "Romeo and Juliet" exception in Georgia law also would have allowed him to avoid the sex offender registry.
Lawmakers last year voted to close that loophole. But the state's top court said the new law could not be applied retroactively to Wilson's case.Opponents of Wilson's release said it could lead to similar legal challenges. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger.In his notice of appeal, Attorney General Thurbert Baker argued that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court.He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would spring Wilson in a maximum of five years.
