But a jury that watched the tape disagreed. Prosecutors sought a rape conviction against him, arguing that the year-old was semiconscious and not capable of consent. Wilson has served more than 27 months in prison. But under the law in , oral sex between teens constituted aggravated child molestation and carried a mandatory sentence. A lawyer for Genarlow Wilson , now 21, asked the appellate judge to throw out the aggravated child molestation sentence on the grounds it is grossly disproportionate to the crime.
Wilson's mother, Juannessa Bennett, said outside the courthouse Wednesday that he has rejected plea deals from prosecutors because he would still need to register as a sex offender. The tape also shows Wilson and other male partygoers having sexual intercourse with a year-old girl. Wilson has served more than 27 months in prison. But a jury that watched the tape disagreed. Georgia lawmakers changed the law in to make consensual oral sex between teens a misdemeanor punishable by a maximum of one year behind bars. The five other male partygoers took plea deals. But under the law in , oral sex between teens constituted aggravated child molestation and carried a mandatory sentence. An attempt earlier this year to pass a bill that would provide a remedy for Wilson has stalled. At a New Year's Eve party involving alcohol, marijuana and sex, someone videotaped the girl performing oral sex on Wilson. If Wilson had had sexual intercourse with the year-old he would have fallen under Georgia's "Romeo and Juliet" exception. Bernstein noted that state lawmakers passed a law to close the loophole that led to Wilson's sentence. Wilson's case was the only one that went to trial. His case has become something of a cause celebre, largely because of the legal loophole that ensnared him. A lawyer for Genarlow Wilson , now 21, asked the appellate judge to throw out the aggravated child molestation sentence on the grounds it is grossly disproportionate to the crime. Bernstein compared the case to the recent rape case involving Duke University lacrosse players , saying prosecutors in both cases overreached. Wilson's sentence has been denounced even by members of the jury that convicted him and the author of the law that put him behind bars. Offenders do not have to register as sex offenders, as Wilson will be required to do. Matt Towery , a Republican. Prosecutors sought a rape conviction against him, arguing that the year-old was semiconscious and not capable of consent. But the state's top court ruled the change couldn't be applied retroactively to Wilson's case.
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