Genarlow Wilson -- Georgia is insane - Page 7

ALawPoker · #61 10-27-2007, 02:30 AM

Go back and re-read the thread. It's not worth quibbling with you about who said what. Basically you made some [censored] up and got called on it like usual and now you are trying to squirm your way out.

RedBean · #62 10-27-2007, 02:34 AM

[ QUOTE ]
If you find that information on the forced rape that he videotaped or whatever you claim to be right about, like I've been saying, go ahead and post it. Otherwise there is nothing to argue about and you just make yourself look more ridiculous.

[/ QUOTE ]

I never said he was guilty of forced rape.

I said he was CHARGED with rape, and that the jury acquitted.

Some other guy disagreed and said the charge was DROPPED.

You came running in bagging on me and poking fun about me being "wrong", having quite a good laugh about it.

Except....um....the rape charge wasn't dropped, like I originally said. It went to trial, went to verdict, and he was acquitted.

I agree, it's essentially arguing over nothing, which is why it surprised me that you took so much joy in rushing in to declare me "wrong" on the basis of an erroneous assertion by another poster, and why you strangely continue to refuse to acknowledge that despite it being obviously corrected since.

And I really don't understand why you insist on being such a confrontational douche about it, rather than us just being able to simply converse on a message baord without need to thump your chest and declare who's "right or wrong", nor make such a big show when you think someone else is wrong.

Especially when I was right. [img]/images/graemlins/wink.gif[/img]

And like I said, man, don't sweat it.

DblBarrelJ · #63 10-27-2007, 02:40 AM

[ QUOTE ]
[ QUOTE ]
If you find that information on the forced rape that he videotaped or whatever you claim to be right about, like I've been saying, go ahead and post it. Otherwise there is nothing to argue about and you just make yourself look more ridiculous.

[/ QUOTE ]

I never said he was guilty of forced rape.

I said he was CHARGED with rape, and that the jury acquitted.

Some other guy disagreed and said the charge was DROPPED.

You came running in bagging on me and poking fun about me being "wrong", having quite a good laugh about it.

Except....um....the rape charge wasn't dropped, like I originally said. It went to trial, went to verdict, and he was acquitted.

I agree, it's essentially arguing over nothing, which is why it surprised me that you took so much joy in rushing in to declare me "wrong" on the basis of an erroneous assertion by another poster, and why you strangely continue to refuse to acknowledge that despite it being obviously corrected since.

And I really don't understand why you insist on being such a confrontational douche about it, rather than us just being able to simply converse on a message baord without need to thump your chest and declare who's "right or wrong", nor make such a big show when you think someone else is wrong.

Especially when I was right. [img]/images/graemlins/wink.gif[/img]

And like I said, man, don't sweat it.

[/ QUOTE ]

I have to agree with RB here, as much as that pains me. [img]/images/graemlins/grin.gif[/img]

RB said:[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
 TomCollins
 Was the chick white?

[/ QUOTE ]
 AngusThermopyle 
No. Neither was the other chick that he was charged (but found not guilty) with raping. Not consensual sex. Rape.

[/ QUOTE ]
 Redbean 
But he was found not guilty on that count, right?

And didn't he and his friends videotape all of this and it was shown to the court? That's probably going to get you an inflammatory conviction and sentence in the Bible belt by itself, I don't care what color your are.....

I haven't looked at the details of this case in ages, but if I remember, while the consentual oral got an outlandish penalty.....I couldn't figure out how he got off on the rape count when the video shows him screwing a girl while shes practically knocked out unconscious and unable to consent.

I think the 10-year sentence was the judge's version of a "make right" for the jury's inability to convict on the rape charge.

Regardless, no one has mentioned in this thread yet that his release has been ordered and he'll end up having served about 2 years for all of it.

[/ QUOTE ]

RedBean · #64 10-27-2007, 02:40 AM

[ QUOTE ]
Go back and re-read the thread. It's not worth quibbling with you about who said what. Basically you made some [censored] up and got called on it like usual and now you are trying to squirm your way out.

[/ QUOTE ]

O RLY?

[ QUOTE ]

[ QUOTE ]

[ QUOTE ]

[ QUOTE ]

[ QUOTE ]

[ QUOTE ]

[ QUOTE ]

 AngusThermopyle 
No. Neither was the other chick that he was charged (but found not guilty) with raping. Not consensual sex. Rape.

[/ QUOTE ]
 Redbean 
But he was found not guilty on that count, right?

[/ QUOTE ]

[/ QUOTE ]
ThugBubbles
They dropped the rape charge

[/ QUOTE ]
RedBean
The rape charge was not dropped.

[/ QUOTE ]
ALawPoker
So RedBean was way wrong and conveniently screwing up facts to support an indefensible position!? Noooo! That's not the Beaner I know!

[/ QUOTE ]
Thug Bubbles
My bad. I coulda swore they dropped it. Lemmie find out what I screwed up.....The video showed that the sex was consensual, but the rape charge stayed. That t'was my confusion.

[/ QUOTE ]

Hmmmm.....

ALawPoker · #65 10-27-2007, 02:57 AM

You made up the part about him raping an unconscious girl and the judge giving this sentence as some sort of makeup call.

Go back and re-read the [censored] thread before you go accusing me of all sorts of nonsense. You are hopeless.

Thug's main point when he disagreed with you was that the video showed her consenting. That's alllll I've been saying. You should relax a little, and stop trying to frame some odd debate about nothing all because you think I was trying to show you up.

You said something that was wrong. It was and it still is. The video showed he consenting.

mmbt0ne · #66 10-27-2007, 03:14 AM

There is so much misinformation in this thread it's almost comical. DBJ is pretty much on with everything except there wasn't a statutory charge because oral sex is considered sodomy and thus upgraded the charge to aggravated child molestation.

Also, the jury had no idea it was a 10 year minimum sentence for the crime if they found him guilty and pretty much all expressed outrage at that fact once they found out, so you can basically throw all your "ZOMG Georgia racism" ideas out the window.

DblBarrelJ · #67 10-27-2007, 03:21 AM

[ QUOTE ]
There is so much misinformation in this thread it's almost comical. DBJ is pretty much on with everything except there wasn't a statutory charge because oral sex is considered sodomy and thus upgraded the charge to aggravated child molestation.

Also, the jury had no idea it was a 10 year minimum sentence for the crime if they found him guilty and pretty much all expressed outrage at that fact once they found out, so you can basically throw all your "ZOMG Georgia racism" ideas out the window.

[/ QUOTE ]

This is true, and I am aware of that. I refuse to refer to this even legally as "Aggravated Child Molestation" even though legally, it was.

Also, you're correct in the jury being unaware of the mandatory minimum.

Here is the code:

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-3 (2007)

§ 16-6-3. Statutory rape

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-4 (2007)

§ 16-6-4. Child molestation; aggravated child molestation

(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

(b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

(d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(2) A person convicted of the offense of aggravated child molestation when:

(A) The victim is at least 13 but less than 16 years of age;

(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

The highlighted portions are newly added, and were not on the book at the time of Wilson's conviction.

Sorry for the sematics mixup.

RedBean · #68 10-27-2007, 03:41 AM

[ QUOTE ]
You made up the part about him raping an unconscious girl and the judge giving this sentence as some sort of makeup call.

[/ QUOTE ]

I didn't "make it up"....I said I THINK the 10-year sentence was the judge's version of a "make right" for the jury's inability to convict on the rape charge. It's obviously impossible for anyone but the judge to know what he was actually thinking, it was just MY OPINION.

I just don't understand why the DA or the judge, who both knew the min pen was 10, thought it irrelevant to inform the jury of that, when they knew it was most likely they would go for the charge by assuming it to be a lesser sentence, when in reality it wasn't.

I think the judge was reckless, and speculated that he was motivated in doing so as a "make right". That may very well not be the case, like I said, it's just my opinion.

It's a messed up situation, I agree...but I wasn't "making things up" and asserting them as fact, I was speculating based on my opinion. I even prefaced it as "what I think", and not as a statement of fact.

As for the girl being raped while unconscious...I did say from seeing the tape myself that she appeared to be screwed while practically knocked out unconscious....the prosecution alleged it to be rape, on the basis that she was unable to consent because she was intoxicated.

Granted, I prefaced it with the caveat that I hadn't seen the details of the case in almost 2 years, and I saw the video over two years ago, but I certainly remember the girl being extremely impaired, and at least during the sessions I saw, she did not verbally consent and appeared to be completely out of it. That was my opinion, based on my admitted fuzzy recollection of seeing the tape 2 years ago.

According to the prosecution, they didn't think she could consent given her condition, and they charged him with rape. That part as much is fact.

That's when Thug Barrel said the charges were dropped, I disagreed, and you jumped on me being "wrong" about them being dropped, when in reality, the fact remains that they weren't dropped.

Enough already bro.

I mean, seriously.

RedBean · #69 10-27-2007, 03:43 AM

[ QUOTE ]

Here is the code:

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-3 (2007)

§ 16-6-3. Statutory rape

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-4 (2007)

§ 16-6-4. Child molestation; aggravated child molestation

(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

(b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

(d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(2) A person convicted of the offense of aggravated child molestation when:

(A) The victim is at least 13 but less than 16 years of age;

(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

[/ QUOTE ]

Egads....you'd think they could codify statutory rape in 50 words or less, for simplicity's sake.

"Sex with a minor more than 4 years removed from the offender's age shall constitute a statutory rape charge on the older of the two."

Or they could just do it like we do down here in Mississippi:

TITLE 11. CRIMES AND OFFENSES
CHAPTER 1. SEXUAL OFFENSES
O.C.M.A. § 11-1-1 (1934)

§ 11-1-1. Statutory rape

1. Old enough to bleed, old enough to breed.

-- THE END---

(And yes, ALawPoker...before you get your knickers in a twist and go on a rampage....I made the above criminal code up...and it is not a statement of fact.) [img]/images/graemlins/tongue.gif[/img]

DblBarrelJ · #70 10-27-2007, 03:48 AM

[ QUOTE ]
[ QUOTE ]

Here is the code:

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-3 (2007)

§ 16-6-3. Statutory rape

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES

O.C.G.A. § 16-6-4 (2007)

§ 16-6-4. Child molestation; aggravated child molestation

(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

(b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

(d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(2) A person convicted of the offense of aggravated child molestation when:

(A) The victim is at least 13 but less than 16 years of age;

(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

[/ QUOTE ]

Egads....you'd think they could codify statutory rape in 50 words or less, for simplicity's sake.

[/ QUOTE ]

Here's my attempt:

Statutory rape is the crime of sexual contact in any orifice by a person over the age of 18 years of age to a person under the age of 16 but over the age of 14, providing the minor is no more than four years younger than the accused.

Only 49 words.