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Wilson v. State was a case involving a Genarlow “Genardo” Wilson, a high school senior in Georgia who was convicted of aggravated child molestation. He served more than 2 years before the Georgia Supreme Court found his sentence “cruel and unusual” and ordered his release. Wilson is an African American, and his victims were White females. His experience has been widely criticized as an example of racial bias in the criminal justice system.

In 2003, Wilson was a 17-year-old senior at Douglas County High School in Douglasville, Georgia. He had everything going for him: He was an honor student, star athlete, and homecoming king. That year, Wilson attended a New Year's Eve party in a Douglasville, Georgia, hotel room that was later investigated by police. The police found evidence at the hotel room of drinking and sexual activities—alcohol containers and condoms were left in the room from the night before. The police also found a video camera that contained footage of Wilson having sexual intercourse with a 17-year-old female and oral sex with a 15-year-old female. The 17-year-old accused Wilson of rape, and the police charged him with the crime. The video footage did show that the girl appeared to be sleepy or intoxicated; however, the girl never said the word “no” on the video. The 15-year-old female maintained that the oral sex with Wilson was consensual. Wilson maintained that the sexual activities with both girls were consensual. Nevertheless he was charged with sex crimes at a time when there was increased national attention on these types of offenses.

Trial

Wilson's case went to trial in February 2005. He was charged with two counts: rape of the 17-year-old female and aggravated child molestation of the 15-year-old. The jury acquitted him of raping the older girl; however, they convicted him of the charge involving the oral sex with the 15-year-old, despite the 15-year-old's repeated claims that the oral sex was consensual. However, under Georgia law at that time, the age of consent for that act was 16. Since Wilson was 17 and the 15-year-old was a minor, the jury found him guilty of aggravated child molestation. The mandatory minimum sentence for aggravated child molestation in Georgia is 10 years, while the maximum sentence is 30 years.

The trial court gave Wilson an 11-year sentence, 10 to be served in prison and 1 year to be served on probation. Under the terms of the sentence, Wilson also would have been required to register as a sex offender after his release. Such registration would have required that he provide officials with his new address, fingerprints, his social security number, and a photograph, among other things, and update this information annually throughout his lifetime. The requirement reflected the concerns that had led to the enactment of Megan's Law legislation to deter sex crimes. Many states and localities have very strict laws that allow monitoring of sex offenders who are released into the community after serving their sentence. (“Megan's Law” refers to both the federal Sexual Offender Act of 1994 and the various state laws that were passed requiring registration of sexual offenders and community notification concerning their place of residence.)

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