****UPDATE** Is this a cruel punishment?

So the age of consent in Georgia is 16 years old. So we know that if you have sexual contact with anyone under 16, it is rape. So I'm not denying that in this scenario.

Suppose a 17 year old has oral sex with a 15 year old. This was discovered on a video camera. The 15 year old says she consented.

Is a 10 year prison sentence and registering as a sex offender a cruel punishment for the the 17 year old???

I'll come back with the results

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So, this happened in 2003. The 17 year old was Genarlow Wilson. He was an honors student with an athletic scholarship. He went to a New Years Party with friends and a 15 year old girl and a 17 year old girl was there. There were drugs, alcohol, sexual activity, and a video camera at this party.

The next morning, the 17 year old woke up in bed next to Wilson and claimed she was raped. When police searched the hotel, the found the video camera and saw that Wilson had received oral sex from the 15 year old. The 15 year old claimed she consented, but the age of consent is 16. So he was charged with rape and aggravated sexual molestation.

The rape charge was dropped because the videotape showed that the 17 year old didn't verbally say no or physically resist the intercourse.

He was convicted of child molestation. Under Georgia law, oral sex with a minor, regardless of age, gave a 10 year prison sentence and out you on the sex offender registry because it was a felony. But get this, had he had sexual intercourse with the girl, he would have only gotten 12 months in prison and would not have had to register as a sex offender because sexual intercourse between minors is only a misdemeanor. Georgia changed the law for oral sex between minors to be treated like sexual intercourse the same year Wilson was convicted, but the law wouldn't apply to him because he had already been sentenced.

Anyway, the ending. He appealed, the judge said the punishment was cruel and disproportionate and he only ended up being released with time served, which was 2 years. He is not a sex offender, but he is still a convicted felon. He graduated from college and now goes around to speak to teens about the consequences of drinking, doing drugs, partying, and having sex.