Wilson v. State

Wilson v. State
CourtMonroe County Superior Court
Full case name Genarlow Wilson v. State of Georgia
DecidedApril 28, 2006
Case history
Prior actionsState v. Wilson (trial in Douglas Superior Court); Wilson v. State 279 Ga. App. 459 (appeal to Court of Appeals of Georgia); Wilson v. State 2006 Ga. LEXIS 1036 (application to Supreme Court of Georgia for certiorari denied)
Subsequent actionAppeal granted Supreme Court of Georgia October 26, 2007
Court membership
Judge sittingJudge Thomas Wilson
Case opinions

  • new conviction of "misdemeanor aggravated child molestation" substituted for original conviction of "aggravated child molestation"

Wilson v. State, 652 S.E. 2d 501, 282 Ga. 520 (2007) was a Georgia court case brought about to appeal the aggravated child molestation conviction of Genarlow Wilson (born April 8, 1986, to Juanessa Bennett and Marlow Wilson).

Wilson was convicted of aggravated child molestation in 2005, after, at the age of 17, he had engaged in oral sex with a 15-year-old at a New Year's Eve party, an offense carrying a mandatory penalty of 10 years' imprisonment.[1][2][3][4]

At the time of his conviction, provisions for similarity in age that allowed underage consent to be taken into account were only applicable to vaginal sex. As the case involved oral sex, the consent of the girl was not at that time legally relevant.[5][6]

On October 26, 2007, the Georgia State Supreme Court, while not overturning the conviction itself, ruled that Wilson's sentence was disproportionate. He was released later that day, after serving over 4 years of his 10-year prison sentence in the Al Burruss Correctional Training Center in Forsyth, Georgia.

  1. ^ Joyner, Tammy (October 26, 2007). "Genarlow Wilson rejoices over his release". The Atlanta Journal-Constitution. Archived from the original on October 28, 2007. Retrieved October 26, 2007.
  2. ^ Christen, Tracey (October 27, 2007). "Genarlow Wilson Freed From Prison". WXIA-TV. Retrieved October 27, 2007.[permanent dead link]
  3. ^ Fausset, Richard (October 27, 2007). "After teen sex ruling, he's a free man". Los Angeles Times. Archived from the original on January 27, 2013. Retrieved October 27, 2007.
  4. ^ "Georgia Court Frees Man in Teen Sex Case". Associated Press. October 26, 2007. Archived from the original on June 9, 2007. Retrieved October 27, 2007.
  5. ^ "Georgia Man Fights Conviction as Molester" – New York Times, Tuesday December 19, 2006 Archived February 3, 2023, at the Wayback Machine
  6. ^ Why is Genarlow Wilson in Prison? Archived June 15, 2007, at the Wayback Machine – by Chandra R. Thomas, Atlanta Magazine