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US frees man jailed for teen sex | US frees man jailed for teen sex |
(about 9 hours later) | |
A man given 10 years in jail for consensual oral sex with a teenager has been freed after a US court ruled the punishment was cruel and unusual. | |
Genarlow Wilson was jailed in 2005 for aggravated child molestation after he was videotaped engaging in the act with a 15-year-old girl when he was 17. | Genarlow Wilson was jailed in 2005 for aggravated child molestation after he was videotaped engaging in the act with a 15-year-old girl when he was 17. |
A judge said the crime was not of the level of "adults who prey on children". | A judge said the crime was not of the level of "adults who prey on children". |
The controversial case prompted high profile figures like former President Jimmy Carter to back Wilson's release. | The controversial case prompted high profile figures like former President Jimmy Carter to back Wilson's release. |
'Seismic shift' | 'Seismic shift' |
Wilson, a former high school honours student and star athlete now aged 21, was found guilty by a jury of aggravated child molestation for having oral sex with a 15-year-old girl at a New Year's Eve party in 2003. | Wilson, a former high school honours student and star athlete now aged 21, was found guilty by a jury of aggravated child molestation for having oral sex with a 15-year-old girl at a New Year's Eve party in 2003. |
[The 10-year sentence made] no measurable contribution to acceptable goals of punishment Chief Justice Leah Ward Sears | [The 10-year sentence made] no measurable contribution to acceptable goals of punishment Chief Justice Leah Ward Sears |
At the time, the crime carried a mandatory minimum sentence of 10 years and lifetime registration on the state's sexual offender list. | At the time, the crime carried a mandatory minimum sentence of 10 years and lifetime registration on the state's sexual offender list. |
But if Wilson had had sexual intercourse with the girl he would have only been charged with misdemeanour and received a much lighter sentence. | But if Wilson had had sexual intercourse with the girl he would have only been charged with misdemeanour and received a much lighter sentence. |
Last year, Georgia changed the law to bring the two sentences into line. | Last year, Georgia changed the law to bring the two sentences into line. |
Chief Justice Leah Ward Sears said the new laws "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants". | Chief Justice Leah Ward Sears said the new laws "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants". |
Ms Sears said the original punishment made "no measurable contribution to acceptable goals of punishment". | Ms Sears said the original punishment made "no measurable contribution to acceptable goals of punishment". |
The ruling came after Georgia's attorney-general appealed a decision in June to commute Wilson's felony sentence to 12 months for misdemeanour. | The ruling came after Georgia's attorney-general appealed a decision in June to commute Wilson's felony sentence to 12 months for misdemeanour. |
Attorney-General Thurbert Baker had said Georgia law did not give a judge authority to reduce or modify the sentence imposed by a trial court. | Attorney-General Thurbert Baker had said Georgia law did not give a judge authority to reduce or modify the sentence imposed by a trial court. |
Lawmakers passing the 2006 changes had expressly stated the new laws could not be applied retrospectively. | Lawmakers passing the 2006 changes had expressly stated the new laws could not be applied retrospectively. |
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