Some time ago, I wrote about Genarlow Wilson, an America teenager (age 17) sent to jail for receiving oral sex from a soon to be 16 year old girl.
She even had stated, that the sex wa consensual, but because she was only 15 years old, she legally could not consent to sex. He was therefore not convicted to rape but to aggravated child molestation.
Three days ago, he was released.
Although society has a significant interest in protecting children from premature sexual activity, we must acknowledge that Wilson’s crime does not rise to the level of culpability of adults who prey on children and that, for the law to punish Wilson as it would an adult, with the extraordinarily harsh punishment of ten years in prison without the possibility of probation or parole, appears to be grossly disproportionate to his crime.
But the release was also a bit by chance as the court ruled 4 vs 3 and that three judges thought:
the General Assembly expressly stated that in no event was the 2006 amendment to affect or abate the status as a crime of any act or omission which occurred prior to its effective date,” the dissent says. Wilson’s sentence cannot be deemed cruel and unusual “because the General Assembly made the express decision that he cannot benefit from the subsequent legislative determination to reduce the sentence for commission of that crime from felony to misdemeanor status.
Three out of seven judges believe, following the law, even if it is stupid and wrong, is the right thing to do. How can they sleep at night?
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