Friday, June 29, 2007

gEnArlOw wIlsOn!

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I know I made a big deal about the Day of Action, and that SHOULD be what I'm writing about today. But here's the two reasons why that's being put on the back burner: 1) I got some video I want to edit and organize, and 2) I have to back up and touch on my man, GENARLOW! If you're unaware of this particular case, it's basically a 17 year old engaged in consensual oral sex with a 15 year old at a party. It was videotaped; the tape incriminated him to the point where he was convicted of AGGRAVATED CHILD MOLESTATION, which resulted in a MANDATORY 10 year prison term. He's already served 2 years of this sentence, and RECENTLY A JUDGE ORDERED HIS RELEASE. Followed very quickly by an appeal by the State Attorney General, denying the release of Genarlow. Now for some interesting details...

I'm not sure how to see this as anything other than a personal attack on this young man with racial motives. Please call me out if you see any bias on my part because I do have a bias, warranted or not, against the south when it comes to issues of race. And I base that on 1) my belief that your consciousness evolves through time resulting in YOU today. For example, families who have lived in the south for generations still have parts of their ancestors' consciousness within them, as well as what they have contributed to their own current consciousness. And 2), I've been to Mississippi and Louisiana and WOW! Being from the Northeast, where racism is not extinct but is not as OPEN, I had a very hard time accepting the amount of Confederate flags. On people's homes, at the register in convenient stores and gas stations, etc., etc. With all that said, my intent is to look at the FACTS and try to come to a logical estimation of what's going on.

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The main issue I have is the Attorney General's appeal. We are at a point in history where extraordinary breakthroughs are happening in countless disciplines. And that's great; we're learning from our mistakes and making the world a better place. So it really puzzles me when this AG appeals this case because it's LITERALLY the law. I respect the law and abide the best I can, so it's not that I'm just a generic discontent. Even though many very educated, powerful leaders including FORMER PRESIDENT JIMMY CARTER, MONROE COUNTY SUPERIOR COURT JUDGE THOMAS WILSON, and MATT TOWERY, have spoken out against the injustice, he cannot see why common sense should supersede law. A law that since has been amended, just not retroactively, and has been an eye-opener for a lot of lawmakers and pundits. And that includes the aforementioned Matt Towery, the former Georgia lawmaker and author of the original piece of legislation back in 1995.

In the article, he admits that the original intent was not to lock up teenagers for 10 YEARS for having consensual sex. He also explains how in order to get ANYTHING passed he had to merge with another law, raising the age of consent in Georgia to 15. And because of this agenda-fueled merge of two very intricate laws, the final law did not get the debate it deserved. I'm not a lawyer by any means, BUT during the process of merging the two into one, there was a HUGE element overlooked. A ROMEO AND JULIET CLAUSE was added to the sexual intercourse side, but not the ORAL (Aggravated Child Molestation falls here). With the protection of the Romeo & Juliet clause, Genarlow Wilson's case would have automatically been reduced to a misdemeanor because there was less than 3 years between the two consenting participants. If he would have engaged in sexual intercourse, the R & J clause would have applied. Does that sound like a fair law? Wouldn't it make sense to retroactively change this law for everyone affected? Why keep this man in prison one more day?!?

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So you're probably thinking, "yes, this is a terrible injustice, but where is the racial motive?" Well, do you remember the ROB LOWE SEX TAPE? That happened in Atlanta, and when the story broke, local television stations were warned by the Feds that if they broadcast, or even viewed, the tape, they would be guilty of possession and/or distribution of child pornography. Compare that to how this video is being handled. By definition, the "Genarlow Wilson Sex Tape" is child pornography, and there is no suffocation of either the viewing or distribution of this tape. Why?With those questions out there, it brings me back to the importance of knowing our laws. A good thing that came out of this is this SITE. In these times, more than ever, we NEED to know our rights. They're changing, and sadly diminishing, everyday. And how will you be able to teach your children "right" and "wrong" if you don't know yourself? To me, without viewing the tape, it seems the malicious intent that this law was originally intended to protect children from, is not there. We've all been to high school; and we know how athletes are viewed, especially through the eyes of underclassmen looking to fit in. This man is not a SEXUAL PREDATOR, as far as this case shows. But if the Attorney General gets his way, through plea bargains or continuing to prosecute under this law that is basically a gray area in the law, Genarlow will have to register as a sexual predator the rest of his life, with no asterisk explaining the complexities or the change that resulted because of this man's sacrifice.

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