Genarlow Wilson was convicted by a Georgia jury of aggravated child molestation after having consensual oral sex with a 15-year-old when he was 17-years old himself. He was sentenced to 10 years in prison. Following this seeming miscarriage of justice, the Georgia State legislature reduced the maximum sentence for his crime to one year in prison. After spending two years in prison, Monroe County Superior Court Judge Thomas H. Wilson ordered Genarlow set free. State Attorney General Thurbert Baker appealed the judge’s order and Wilson remains in jail, pending the appeal.
A million dollars has been raised to pay for an appeal bond, but it hasn’t helped. The Atlanta Journal Constitution reports, today, that Superior Court Judge David Emerson has canceled a bond hearing, saying a state law prohibits appeal bonds for people convicted of aggravated child molestation — and sentenced to five years or more in prison.
The real question is why Baker and Douglas County District Attorney David McDade are so eager to keep Genarlow in jail. When McDade prosecuted Genarlow, he was seeking to convict him of a criminal charge of rape. According to the Journal Constitution, a video tape from the party shows Genarlow having sex with a 17-year-old “listless” girl who later said it was against her will. Wilson’s jury decided the girl had consented, but convicted him on the molestation charge.
Whether the 17-year-old consented, or not, Genarlow took advantage of a drunk girl. Rape is generally defined as having intercourse without consent. When a girl is too drunk to say “no,” intercourse with her is rape. At the very least, there was a drug and alcohol induced, videotaped orgy amongst minors. It is the videotape and the prosecutor’s belief Genarlow raped the girl that keep him in jail for the time being.