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Last Updated: Saturday, 27 October 2007, 01:03 GMT 02:03 UK
US frees man jailed for teen sex
Juannessa Bennett (left) mother of Genarlow Wilson (right) 26/10/07
Mr Wilson was flanked by his mother as he spoke to reporters
A man given 10 years in jail for consensual oral sex with a teenager has been freed after a US court ruled the punishment was cruel and unusual.

Genarlow Wilson was jailed in 2005 for aggravated child molestation after he was videotaped engaging in the act with a 15-year-old girl when he was 17.

A judge said the crime was not of the level of "adults who prey on children".

The controversial case prompted high profile figures like former President Jimmy Carter to back Wilson's release.

'Seismic shift'

Wilson, a former high school honours student and star athlete now aged 21, was found guilty by a jury of aggravated child molestation for having oral sex with a 15-year-old girl at a New Year's Eve party in 2003.

[The 10-year sentence made] no measurable contribution to acceptable goals of punishment
Chief Justice Leah Ward Sears

At the time, the crime carried a mandatory minimum sentence of 10 years and lifetime registration on the state's sexual offender list.

But if Wilson had had sexual intercourse with the girl he would have only been charged with misdemeanour and received a much lighter sentence.

Last year, Georgia changed the law to bring the two sentences into line.

Chief Justice Leah Ward Sears said the new laws "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants".

Ms Sears said the original punishment made "no measurable contribution to acceptable goals of punishment".

The ruling came after Georgia's attorney-general appealed a decision in June to commute Wilson's felony sentence to 12 months for misdemeanour.

Attorney-General Thurbert Baker had said Georgia law did not give a judge authority to reduce or modify the sentence imposed by a trial court.

Lawmakers passing the 2006 changes had expressly stated the new laws could not be applied retrospectively.

SEE ALSO
US teen sex sentence overturned
12 Jun 07 |  Americas
Pupils say 'Let's talk about sex'
11 Apr 07 |  Education
US TV sex scenes 'on increase'
10 Nov 05 |  Entertainment



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