Another GA kid gets 10 years for having consensual sex with someone 2 years younger than him

Sentencing issues

No offense, but 33 years in the criminal justice system leaves me with the knowledge that there are a myriad of intangibles affecting the prosecution of crimes, especially sex crimes. Many victims have problems, that's often why they are targeted for attack. Subsequently, the victims, their families, the police +/or the prosecutors have questions about the victim's ability to testify, either at all or in a credible manner. This does not mean that victims cannot be believed. It does mean that tactical decisions are made to offer plea bargains, avoiding a trial & testimony. Other times, juries only convict on lesser charges, leading to reduced sentences. Obviously, I don't know the facts of the case you mention, but I found sex crimes the most difficult to resolve.
A past president of the NDAA (National District Attorneys Association) once told me that his biggest fear was a failed sex crime prosecution that would destroy his career. I've seen it happen; currently Mr. Nifong's career is in limbo.

As you mentioned, most rape-shield laws have exceptions. After closed-door hearings, sometimes cross-examination of certain prior behavior is allowed. Also, many states permit more questioning about events surrounding the attack, so rape kits which show the presence of semen from others besides the defendant, & hospital records that reveal the presence of alcohol or drugs in the victim's system, are often admitted. An instruction that this is "not to attack the character of the victim, but to permit the jury to evaluate the victim's ability to accurately perceive the events in question and to subsequently recall them" doesn't help much.

 

Perceptions

People do get offended easily on BS! Glad you didn't perceive my comments that way. A lot of people were in high dudgeon earlier in this thread regarding my observation that Mr. Wilson would have been better advised to work his case out rather than take it to trial.

 

Re: Sentencing issues

No reason to feel bad for being a friend. It isn't fair to ask you to be more, you're not her therapist. I used to volunteer on a rape/abuse crisis line and these are typical calls you would get. There's no magic cure for these things and to some extent each person has to find their own way.

 

I don't want you to think I was accusing you of inaction. It would be a very tough situation. Honestly, I'd be scared of what I'd do if it was a friend or family member. I'm convinced I could do very bad things if I was pissed enough and felt justified in my actions.

What you describe is a horrible situation. Hopefully her family comes around at some point because I think that's the only way this woman will ever pull through this.

 

Which in itself is a sad commentary on how people still think about women and their behavior.

Being the father of girls I know that if someone were to do something to them, the only chance that person would have is if the police got to them first.

 

I can fully understand how you feel and I agree with how you feel as well.

 

Re: Sentencing issues

Surely, the point about prior behaviour and the matters you've raised ARE relevant to the issue of whether the witness is to be believed. Unfortunately these sometimes translates into a question of whether the girl was 'asking for it', which is bulls&it.

 

Re: Perceptions

A particularly 'one-eyed' view if ever I heard one. We objected because we were saying that the law, in all it's components, hadn't worked correctly in this case. You just kept re-stating that, a) it had, (the powers that be seem to think differently by the looks of things anyway), and/or, b) that it was his own fault anyway - a position I and many others found unacceptable, (not to say plain daft).

 

Perceptions

A crime committed on videotape should lead to plea negotiations, not a trial. Attacks on the constitutionality of either the statute or the penalty need to be made pre-trial, not while the defendant is sitting in jail for years. Much like Wilson & BJ, you refuse to acknowledge reality. As for "the powers that be", the judge has made his decision, which is being appealed by the state's attorney general (himself African-American), so time will tell. There appear to be over 100 defendants in Georgia in similar straits, none of whom are currently being supported by a campaign more political than legal in nature. A majority are white.

 

M'lud, my case rests

 

So the first kid (now man) who was thrown in prison for this is still there even after a judge said he should be let go because the law was changed due to his case.

Who is fighting to keep this evil scourge of society locked up even though the law as it now is no longer applies to him? The Attorney General of Georgia, that's who.

http://www.cnn.com/2007/US/law/07/05/sharpton.wilson/index.html

 

"Take the deal"

http://www.ajc.com/opinion/content/opinion/king/stories/2007/07/11/mkinged_0712.html?cxntlid=inform
"Genarlow, make this wise choice ... Get out of prison as soon as you can. ... Take the deal and fight the battle over the sex offender registry in a different arena."

Chutzpah? An AP article noting complaints about the DA providing the tape at the AP's formal request?

 

Do NOT accept sex offender registry status if you can avoid it, EVER. The worst label--and hardest to shake--that anyone can have.

Plus, Mike King is an idiot, dwelling on idiotic "facts."

Not being a "real man" is not against the law. Legally, it is also impossible--17 is also a minor.

And how does this:

jibe with this?:

Either it's child molestation or it's not. You can't argue both ways.

 

Long, long overdue, but still good to hear.

 

After only, what 2 years? And a 4-3 decision.

I'm not going to bitch about about justice prevailing, but sloooooow justice...that's years of a kid's life.

 

I hope that kid can make something out of his life after that.

 

Is that the same guy whom video taped his sexual experience with a minor. Sure there wasn't much difference but video taping does show a different intent. Still he probably has five or ten years probahation and a good system to work for employment. I orginally thought it was kinda harsh for consensual sex then I found out he video recorded it. Still if both persons and parents spoken in favor of him. There isn't any reason to hold the full amount. That is one hellaous move for the Country!