[dark14cs]

In relation to this story : story

Is there any way to help this young man. I don't understand all the intricacies of law and thought this forum could help. I am basically infuriated with the judge's ruling and want to do something about it. Can I do anything? I mean , that kid could easily have been me.


From a concerned young man

[ScottGem]

What you could try to do is organize a defense committee to bring his case to higher courts.

Seems to me, however that the law is very clear and I don't see constitutional grounds to overturn it.

[Fr_Chuck]

The appeal process has already made it to the GA supreme court, without going to the US Supreme court on some constitutional issue ( which I don't see) this is how high up as the appeal can go.

A petition with 1000's of signutures to the government to give him a pardon is about the only thing I see at this time.

Unless there would be some grounds for appeal, some evidence that was taken illegally.

You have a person who by GA law is a adult having oral sex with a minor, GA law does not make a difference between 5 years old and 15 years old,
And the state is getting harder and harder on child molestors.

I am sorry but by law he appears to be guilty and the sentence if the evidence is valid appears to be correct and he is guilty as the law is written. The sentence is strong but within the guidelines.

I will say that while I don't know this case at all, I know some of the court people personally involved in this, and they are good people, and in general they want to end adults from having sex with minors, this boy got caught up in a political movement that people are yelling they want.

[bkdaniels]

Yeah little brother, that kid could have easily been you. And this is one part of the system that I won't ever understand.

He was only 17 and that is still a minor, in many states. But, the only thing I can tell you: Only get involved with girls your age.

Although there is a big difference between 17 and 15, it just don't seem like he should be convinced. His attorney may not have brought fourth the right motions to have this decision reversed.

Then again, bro, I don't know. There have been other cases like this in this state:

Wendy Whitaker.... is on the registry because, at age 17, she had a single consensual act of oral sex with a 15-year-old boy. For this one act, committed ten years ago, the now 26-year-old Ms. Whitaker and her husband have been forced from one home and now will likely be forced from another.

Plaintiff Joseph Linaweaver was 16 when he had a single consensual act of oral sex with a 14-year-old girl. For this act, Mr. Linaweaver is being driven from his home.

Plaintiff Janet Allison was convicted of being "party to a crime of statutory rape and child molestation" because she did not prevent her 15-year-old daughter from becoming sexually active. Due to this conviction, Ms. Allison and her family will have to leave their home.


So I guess you are one of the lucky ones. And my only advice to you would be to get involved with females your own age - as if it wasn't already hard to find someone.

By the looks of things, there is something about the law that we don't know. You should call a criminal Attorney in your area and ask them for a free consultation about this.

Hope this answers your question!

REFERENCE(S)

1. Jeralyn, Federal Judge Blocks GA. Sex Offender Law (Online: TalkLeft, 2006) http://www.talkleft.com/story/2006/06/26/049/48640

[excon]

Hello dark:

Yeah, they're throwing away a young life...

But, it's NOT the judge. He was bound by the law made by the state legislature. Those guys come up for a vote every so often, and I think you should organize a coalition to throw the bums out.

excon

PS> (edited) The real tragedy in all this, is he was convicted of sodomy. He ONLY engaged in oral sex. IF he had actually penetrated her, he would have been guilty of a misdemeanor. Those guys (the legislature) REALLY ought to find meaningful work.

[s_cianci]

Every state is different with regard to similar situations. Granted 10 years without parole sounds rather harsh for consensual oral sex between 2 teenagers only 2 years apart in age. But if it's in keeping with Georgia law, then little can be done about it. I would think that the fact that the girl in question was only 15 is key. If Georgia has an age of consent that's higher, like 16 or 17, then there's the clincher.

[Fr_Chuck]

yes GA age of consent is 16 for both male and female.

and although you still have to be 18 in GA to sign a contract they allow a 17 to be considered a adult in many aspects.

Part of what I will guess they got caught up in, there were esp in the Metro Atlanta area a large problem with older men having sex with under age girls, often this was for money or something of value.

And they believed that part of the drug culture was the problem.
so with that, the law makers decided that GA should have a get tough on "child abuse" and statuory rape.

So in attempts to get that 30 year old having sex with the 14 year old, several young people dating, that got caught up for varoius reasons, parents filing police complaint, girl getting pregnant and doctor turning them in.

In many cases at the original trial, a good attorney make deals with the DA and the such, but in some cases the boys did not want to make a deal or their parents told them not to, because "they did nothing wrong" and when it went all the way to court, they got put away to the max of the sentence.

I was close friends with many in the Fulton County Court ( including judges) and many attorneys but often if the person did not plea bargain prior to sentening and judges esp at election times want to look like getting tough on crime, we see what happens.

[Archangel73]

Georgia is a truly stupid state... when I was in 12th grade High school my girlfriend was in 10th grade... yep I was 17 and she was 15... pretty normal for evrybody I knew... so under this stupid injustice I would have gone to prison with about half the school... Remember your prom? So Georgia turns a normal human behavior into a crime... what morons... and what an injustice... evidently the prosecutor and jury forgot that they would be criminals too... We complain about our kids becoming criminals, so what do we do? We take a good kid who does what we all did and we send him to prison where he will come out a well trained criminal who is angry (and rightfully so) at society... good work Georgia..

[Matt3046]

Yes well look at the Duke lacrosse case, the accused there even said they don't know what would have happened if they had not been rich. Money,
It's the root of all evil. But to your question keep this guys name, and case alive in the media. There was a man in my town who was accused and convicted of raping and murdering a pregnant news reporter in 1985, well he had local support and after 17 years (2 years after another man confessed to the crime) he was released. Because someone refused to let him be forgotten.

Darryl Hunt - Wikipedia, the free encyclopedia

[ScottGem]

Georgia is a truly stupid state.... when I was in 12th grade High school my girlfriend was in 10th grade.... yep I was 17 and she was 15... pretty normal for evrybody I knew.... so under this stupid injustice I would have gone to prison with about half the school.... Remember your prom? so Georgia turns a normal human behavior into a crime.... what morons... and what an injustice..... evidently the prosecutor and jury forgot that they would be criminals too..... We complain about our kids becoming criminals, so what do we do? we take a good kid who does what we all did and we send him to prison where he will come out a well trained criminal who is angry (and rightfully so) at society.... good work Georgia..

First let me state that I do not agree with the court rulings in the case cited the OP. That being said, I also do not agree with the tone of this response. I don't agree that having sex on prom night is normal behavior, not uncommon maybe but not normal. Especially when one of the partners is only 15.

I think your ire here stems from the realization that you could have had your life ruined by your actions. But there were a few ways that could have happened.

I also think you may be mistaken in thinking the judge, prosecutor and jury would be criminals. Maybe they did do the "crime" and maybe they have no realized what a mistake it was and want to prevent others from making the same mistake.

[excon]

Hello again, dark:

Well, you've done something right. There is an editorial in today's NY Times about Genarlo. They point the finger directly where it should be pointed - at the prosecutor just like that Nifong guy in the Duke rape case.

The behavior of the district attorney, David McDade, requires particular scrutiny. He charged Genarlo with raping a different girl at the same party, and a jury acquitted him in 2005. McDade has distributed a graphic videotape of the events in that case to legislators as part of a lobbying effort at the State Senate against Genarlo's release. And McDade went on television last month and said, referring to Genarlo and others involved, “Six young men basically gang-raped a 17-year-old.”

At best, he's a liar considering that Genarlo was acquitted of the charge. It demonstrates poor judgment not by a minor, but by an adult who should know better.

excon

[excon]

Hello again, dark:

Genarlo was freed today. The prosecutor is appealing, of course. Shame on him.

excon