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Ga. to Free Defendant in Teen-Sex Case

State supreme court rules 10-year sentence 'cruel and unusual'

By Sam Gale Rosen, Newser Staff

Posted Oct 26, 2007 11:50 AM CDT

(Newser) – The Georgia Supreme Court today tossed out a controversial 10-year prison sentence handed down to a 17-year-old who had consensual oral sex with a 15-year-old, calling it cruel and unusual. Citing a "seismic change" in how oral sex between consenting teens is viewed, the court ordered Genarlow Wilson released, CNN reports; he has spent 2 years in prison.

"Wilson's crime does not rise to the level of adults who prey on children," the majority in the 4-3 decision said in their opinion. The law mandating the sentence was later changed, making the felony a misdemeanor with a maximum term of 1 year, but it wasn't retroactive. The Georgia AG will not appeal the ruling, effectively ending the case.

[Images (3)]

[Videos (1)]

BJ Bernstein, right, lawyer representing Genarlow Wilson who is serving a 10-year sentence for consensual oral sex with a fellow teenager, talks with the media after leaving the Supreme Court of Georgia... (Associated Press)

This undated file photo, provided by his family, shows Genarlow Wilson at age of 17. Georgia's Supreme Court on Friday, Oct. 26, ordered that Wilson, imprisoned for having consensual oral sex with another... (Associated Press)

Georgia Supreme Court Chief Justice Leah Ward Sears looks over papers at her desk during arguments in the case of Genarlow Wilson Friday, July 20, 2007, in Atlanta. (AP Photo/John Bazemore) (Associated Press)

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Ga. to Free Defendant in Teen-Sex Case