Agreed - in part. Not only is the sentence disproportionate (if even necessary), there is the psychological consequence (at least socially if not, in this case, specifically) of establishing an association between consensual sexual activity and criminal behavior. Americans especially have many a sexual hang-up. The court has given the puritans and the abstinence crowd another item for their list of reasons why sex should be avoided. This is not only counterproductive, it's also damned unhealthy for the individual and the populous as a whole.

At the same time, the age of consent (in this case) is 16 years of age. Whether he knew it or not, and whether the girl instigated activity or not (girls much younger have been said to and even proven to have instigated activity; that hardly makes it morally or legally correct on any level to indulge the child), sex with a child under the age of 16 is -- and should continue to be -- illegal.

That said - ten years? In comparison, convicted pedophiles enjoy slaps on the wrists - and they aren't usually caught the first time out. This should be the only focus of the outrage. Wilson's crime was, at most, a misdemeanor. A few classes on human reproduction and appropriate social interaction and he's outa there.

The most damaging consequences of this case have yet to be headlined. It's good news for pedophiles across the nation when a case such as this is allowed to (if not encouraged to) dominate the front page and push crimes against children to the back pages. There is no reason to believe the majority of society is not also shelving their (active) concern for victims of pedophilia when given so much less to focus on with cases like Wilson's.

This law was never intended to deter consensual sex between teenagers and should not have been misused in such a way that would overshadow those for whom it was intended. Bringing felony charges (rather than misdemeanor charges) against one of two minors serves only to cloud the true intent of the law: to punish adults who hurt minors.

Hi,

Thank you for your thoughtful and interesting commentary on this issue. I do have one small quibble. You refer to "the two accusers" but my understanding is that there was, in fact, only one. The 15 year old girl has not made an accusation at all and, in fact, I believe has taken responsibility for her part in the night's events. However, because there was a videotape of those events, she didn't need to make an accusation at all and the boys were prosecuted without her help.

Sappho

The jury found Wilson guilty of the oral sex with a minor charge because they wanted him to serve time for raping the 17 year old. This is my opinion, but I would really like for a member of his jury to post their reason here.

Georgia should have left their age of consent at 14 instead of raising it to 16 a few years ago, then Wilson would only have been tried for rape, convicted and sent to prison for even longer than 10 years. Plus, the 15 year old girl would not have been victimized by the system and blamed for Wilson's conviction, and the 17 year old girl would have had the pleasure of sending him to prison.

Here in the UK yesterday there was a furore over recent statistics that showed that some 200 rapists had received a caution rather than undergoing a court trial. One of the reasons offered was that the perpetrators were themselves children. I only became of the Genarlow Wilson story today when the BBC reported the Supreme Court ruling. I could not believe it. Teenagers being prosecuted for - being teenagers? What a dismal state Georgia must be.

The case is an outrage, yes. 10 years for a 2 year age difference? But don't kid yourself. They had sex with a very drunk/drugged 15 year old girl, who woke up naked the next day and claimed she was raped. Intoxication can be used to say a girl did not consent under the law. Wilson was acquited of the rape charge, but I don't like how the press refers to this as "consensual" sex. Acquited of rape and consensual sex are two very different things. The press seems to always paint things in very black and white terms (no pun intented): Good guy, bad guy, good thing, bad thing, totally guilty, totally innocent. Life isn't like that. I think Wilson made a mistake in the drug/sex party and video taping it. The prosecutors went overboard. I'm sure the girl also regrets attending the durg/sex party. Maybe their parents could have paid a little more attention to what their children were up to. Nobody wins in this case.