Age of Consent and the Case Of Genarlow Wilson

Genarlow Wilson was 17, a high school Senior in Douglasville, Georgia. He was a popular guy---a 3.2 GPA, a star football player, track athlete, homecoming king and prom prince. He and his friends decided to rent a room at a Days Inn for a New Year’s Eve party. It was a wild night. They were drinking Hennessey, smoking weed, had sex. One of the partygoers videotaped the whole night.

Yes, a lot of laws broken.

Underage drinking in Georgia is a misdemeanor. Possession of less than an ounce of marijuana is another crime and is a misdemeanor. What Genarlow didn’t know was when he at 17 received oral sex from a 15 year old classmate was committing a felony. Not just a felony, but Aggravated Child Molestation which carries a mandatory minimum 10 years in prison. No parole, no early release. Conviction for that crime also puts him on a sex offender registry for the rest of his life. The registry for violent sexual predators so that he can never work with kids, not live within 1000 feet of a school, church or a school bus stop. He cannot live in an apartment complex with a swimming pool. That’s after he finishes 10 years in prison. Adult prison with murderers, rapists, armed robbers.

Yes, a guy who never had been in trouble before.

So far, Genarlow has spent over 2 years in prison. Because of his case, Georgia has now changed the law and enacted a “Romeo and Juliet” provision meaning that if teens engage in sexual acts voluntarily it will be a misdemeanor and no sex offender registry. That’s better, but it still means something to you: You Can Still Be Arrested!!!

And Georgia is not the only state. Most states make teenage sexual contact a crime. Some states still make it a felony. Some states still put you on the registry. Each state has a different age of consent. Age of Consent is the age you can agree legally to have sex. Some states make the age 14 ,16. or 18. If you have sex with someone under the age of consent, you could be charged with a crime. The law does not care that everybody is doing it.

It is also important to know that because you are not sure of your sexual partner's age or that person lies about their age it is not a defense. That is right, under the law it is up to you to know for certain how old the person you are having sex.

Genarlow's story has been featured all over the national media. ABC's Good Morning America, PrimeTime Live, CNN, Fox News and MSNBC have all featured the case. Articles have appeared in the New York Times, Atlanta Magazine and ESPN.COM. For more information about the case go to www.wilsonappeal.com

Even with all this attention, he still sits in jail.

Genarlow's attorney is trying to have the Georgia legislature make changes in the law. In the meantime, Genarlow wants you to know his story and remember to know the law and don't think it could never happen to you. He never ever thought this would happen. He thought he would be in college this moment.

Use the interactive map to find the age of consent in your state.