Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Thursday, March 01, 2007
Matt Towery :: Townhall.com Columnist
Bad Legislation: A Real Nightmare
by Matt Towery
Vote on It:
Average Vote:
[+] Text [-]
 
 
Poll
Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


When I argued last week that Al Gore isn't necessarily out of the picture in the 2008 presidential race, I received many a note saying I was the only idiot writing such rubbish.

If you watched the long and often boring Academy Awards last Sunday, you might have seen where I'm coming from. Newspaper headlines the next day declared, "Gore Might Run." James Carville penned a column saying Gore would run -- and could win.

But I definitely can be wrong. To illustrate, allow me to bring readers up to date on the real story behind the imprisonment of Genarlow Wilson, the young man who was in his teens when he was convicted of having sex with a minor and sentenced to 10 years. The case has made Georgia a source of national attention.

It was a bad law that led to Wilson's 10-year mandatory sentence. What's worse, I was technically the author of the bill.

At the time I introduced the "Child Protection Act of 1995," I was close with all political leaders in Georgia, was U.S. House Speaker Newt Gingrich's chairman, and had been named the National Republican Freshman Legislator of the Year several years earlier. So it wasn't hard for me to pass through the Georgia House, where I then served, a bill designed to punish truly heinous child molesters and others who abuse children.

When the bill reached the state Senate, the chair of the Judiciary Committee insisted I add a Senate bill that would raise Georgia's outdated age of consent from 14 to 16.

There was just one problem: The committee chair refused to allow significant language that would have made it clear that with young people who engaged in sex, with one partner being below the age of consent, violators of the new law would not be subject to the portions of it that triggered a mandatory 10-year jail sentence.

Being the cocky legislator I was, I fooled myself into believing that some vague language in the bill would prevent such a miscarriage of justice. Moreover, proponents of adding the age of consent portion to my bill -- designed to punish truly bad people -- argued that no prosecutor would ever apply the 10-year provision to a case of two teenagers engaging in consensual sex. As an attorney who had successfully tried capital murder cases years previous, I thought I had enough legal experience to agree with them.

I passed the bill, and I've regretted it ever since. As soon as I realized the bill was being abused, I started writing about the error. I offered to provide any evidence, including statements by anyone willing, that it was not the intent of the author of the original bill to require young kids to serve 10 years in jail.

To make it clear on this specific case: Wilson, then 17, and his buddies made a videotape of Wilson having sex with a 15-year-old girl.

But that matters little. The prosecutor sought a conviction for charges of rape, plus other aggravating charges. The jury found Wilson innocent of forcible rape and the other charges. He was convicted on a technicality of the bill I passed. A 10-year sentence, never intended, was imposed.

In recent weeks I've spoken out in the media. Several of my former lawmaker colleagues have appeared to be hard and unsympathetic to the situation. But they too need to be given a break. They don't know the particulars of how the age-of-consent portion of the bill was forced onto my legislation. They have legitimate concerns about a current bill designed to address the issue. I believe the author of this current bill, and various other players of both political parties, will come together to pass a less drastic measure than the one now being offered -- but one that nevertheless will clean up this mess and lead to Wilson's freedom.

Let this be a lesson to young legislators. Think carefully before you pass legislation.

And let this be a lesson, too, to those of us who have served in the past. It doesn't take courage to pass a law. It takes more to stand up and say when it's wrong.

I only wish the other parties responsible for this situation would have joined former Lt. Gov. Pierre Howard and me in speaking out and telling America the true story.

Share:
Vote on It:
Average Vote:
 
About The Author
Matt Towery is a former National Republican legislator of the year and author of Powerchicks: How Women Will Dominate America.
 
TOWNHALL DAILY: Be the first to read Matt Towery's column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
 
©Creators Syndicate
greese
Trust me, this article could set the GOP 20 years ahead of itself with African-American voters. Towery shows humility and compassion. And what he did not report is that, while he's fighting his own party in Georgia to save them from being laughing stocks, he just reportedly signed a deal to make his book "Powerchicks" the top new drama series in the network Fall lineup. Love him or hate him , I'm seeing a future GOP ptesidential candidate unfolding. The problem--my friends say he's so damn rich and private that he would never entertain holding elevctive office again. Our loss, his gain. Guess having that eight seater helicopter and the biggest estate in Atlanta tames the political desires. Shame on you Matt. We need you.

Teenage Sex, Heavy Price
Thanks to Mr. Towery for his honesty. We don't witness enough of it in any state in life.

I also admire him for passing on the lesson he learned.

While I don't know when Wilson began to serve time, if he does the 10, he'll be 27 when he gets out. 17 to 27, all behind bars. Stuff of a nightmare, and I hope the girl is paying a heavy price, also. Videotape? Really!!!

Either rewrite the law, or encourage all states to copy it. Fear of something, whether it's parental wrath, God's punishment, or doing time for breaking the law has kept many in line whose hormones have been awakened.

No intention to judge here, but I think that young people who are strong enough to resist the obvious temptations deserve a lot of credit. It isn't easy for many red-blooded individuals.

Politics, politicians and legislation
I applaud Mr. Towery for making this revelation.

"It doesn't take courage to pass a law. It takes more to stand up and say when it's wrong." I sort of like those statements, but politics seldom implies 'courage' because every politician involved in passing a law will say, "We are just trying to do what is right". More truthfully they should be saying "We are trying to gain votes, even if the legislation produces many more victims than it prevents".

Consequences that were 'never intended' are often imposed on victims who are characterized as 'perpetrators' of something heinous. Once a law gets 'on the books', no one can honestly say they have any idea how it will be "lawyered", applied, enforced or 'interpreted', either by a judge or by a jury --even for 'payback'. The 'intent' of a law can soon be lost when agenda takes over. Just look at what the Constitution says and how it has come to be applied and interpreted.

"Justice" is seldom the desired outcome when a matter gets into a legal battle. WINNING the case and even WINNING votes if a politician or would-be politician is part of the mix -- but WINNING, not Justice, is the bottom line.

Mr. Towery points out that the young man was convicted on a 'technicality' yet technicalities become a problem with ALL law. Those who are 'guilty' but are freed applaud the technicalities while the victims lament those same technicalities as at best 'being unfair'.

However, some folks ignore the fact that A JURY found Wilson ‘guilty’. And we must also remember that there are folks who also say that A JURY found two Border Patrol Agents ‘guilty’. And then of course, there is the now infamous "Duke rape case" in which the lacrosse team was found 'guilty' by their school and the three players were found 'guilty' by just about everyone who initially commented on it.

I truly believe that young Wilson was involved in illegal acts, but I do not know who filed a complaint. The 'technicality' on which Wilson was convicted is that oral sex was involved NOT sexual intercourse that would have resulted in at most a 1-year sentence if I understand the case as presented. But again, we find that the words in the law on which he was convicted make no sense to 'reasonable' people.

What is even more puzzling is that I have yet to read that pending legislation will ACTUALLY include freeing Wilson.

Finally the comments by Lowery "Let this be a lesson to young legislators. Think carefully before you pass legislation." I don't believe this counsel should apply to just YOUNG legislators. It should be ingrained in all of us as a lesson that young legislators can be influenced by ONCE 'young legislators' who have become old POLITICIANS. They became 'old politicians' because they were not limited to how long they were allowed to stay in office. Few legislators get to be a "Committee Chair" in the first 2 or 3 terms in office.

I believe Wilson should be freed immediately, but like the other cases I mentioned, much of the damage already done may be permanent, but the taxpayers will surely pay for not giving more thought to what the old politicians and other agenda activists were actually foisting on the Public.



This article is timely,
because of the thought I already had in my head this morning. Suppose a firm builds a bridge and it collapses with dire consequences. Suppose legislation is enacted that has dire consequences which are much more wide-spread, even national.

What is the likely fate of those who designed and built the bridge? Ask the same question for those responsible for drafting and passing the legislation.

The collapsed bridge will be condemned, and then re-built with considerably more care. What will happen to the legislation?


Hmmm...
I don't get the problem with the kid's sentence. He committed stat rape on a minor, was stupid enough to videotape the crime, got tried and sentenced. The law stated the penalty was ten years, which was what he got.

The problem is, what?

brianr - Not only that, but
I understand that the video shows that the girl could not have been consenting, or even aware, of the sex act as she was clearly wasted. The tape also revealed that the boy gleefully knew he was taking advantage of a girl who was not in control of herself. While I do agree that this particular piece of legislation is badly written, I cannot agree that this boy is a poster child for it's repeal. It's a shame, but his personal ruin was the direct result of his own lousy decision. I guess he has ten years to hone his decision-making skills.

Ko
LOL

Philos
To answer your question, the legislation can be repealed or amended.

ko and BrianR - holier than thou
ko - your understanding is wrong. Do you 2 idiots think that he is taking the side of someone who committed sexual assault. Because you 2 never came close to having a consensual sexual act as minors, you want to punish those who did/do. Read the facts. You 2 are obviously still upset over the fact that the girls shunned you in high scholl - present. Maybe both of you could get together and lose some of your frustration.

CONSENTING WHILE UNCONSCIOUS

I would like someone to tell me how it is that an underage girl (or boy, for that matter) who is under the influence of drugs or alcohol -- no matter whether she took the drugs or alcohol voluntarily -- can participate in "consensual" sex.

I would like someone to tell me how old a girl or boy must be before it is all right for her or him to "consent."

I would like someone to tell me whether it's possible for an 8-year-old to say "okay" to some act about which she has no knowledge, but she says "okay" because she trusts the person who wants to participate in the act.

I would like someone to tell me if it is all right for three male bullies to paint a 16-year-old girl into an alcohol- or drug-induced corner, set up the video camera, then begin what they describe as "consensual" sex, filming all the while.

I would like someone to tell me if it is all right for the stupid, slope-headed knuckle-dragging rapist to get out of prison on a technicality.

I should think the law would have been "grandfathered" in, and that said slope-head would need to serve the entire ten years.

In the event it is not clear to anyone reading this, I have zero tolerance for child molesters, child predators, child stalkers, child murderers, etc. And as far as I'm concerned, any age under 17 is a "child."

This nation should also adopt a policy of zero tolerance for convicted child molesters. One strike and you're out. Also, prison sentences should be for life, and they can be served in the general population or in solitary confinement. It matters not one whit to me.

That 2500-foot business of division between a convicted molester and any place where children are is a farce.

age of consent
The problem with the GA statute is not in any vague language about oral sex or age differences. The mistake was raising the age of consent from 14 to 16 piggybacked on a get tough on child molesters bill or vise versa. Just retry Wilson on the rape charge and if a jury finds him guilty put him away for an even longer sentence for rape. The jury probably would have found him guilty on the rape charge if they had not been given the choice of the other charge.

South Carolina has even more confusion than Georgia about their age of consent laws at the link below.

http://forums.goupstate.com/eve/forums?a=corfrm&cf=6961098265

Sizzlelean
Interesting post. You don't even know me and you're venting what I can only assume is your own sexual frustration in a mindless tirade.

Looking for facts in your post.... looking.... looking.... Nada.

You are, of course, entitled to your opinion, as are we all.

But if the only ammo you have to try to negate or argue against my opinion is your vapid, inane, and sophomoric personal attack, I fear you are probably not equipped to go out of your house without a responsible adult holding your leash.

Come back when you're ready to play with the big boys.

The way to stop crime.
First, I do want to commend Matt for admitting what he believes to be a mistake he made when he got the bill passed. Politicians, whether former or currently serving, are generally loathe to admitting mistakes, though they make far more than non politicians. I would love to see the whole gang of politicians apologise for the taxes, regulations, and stupid laws they've imposed over the decades, but I know that I am hoping for far, far too much!
As for the punishment, their are ONLY 2 reasons that it is unjust.
One is because our justice system is a crapshoot! This guy is getting 10 years, while many much worse child molesters, rapists, and murderers go free every day, many not even serving a day in jail or prison, and despite having violent crime records so extensive that one could carpet several homes with the paper the records are on!
And two, the girl is only two years younger than he is. When one turns 17, or whenever the age of consent or adulthood is 'conferred', one does not suddenly become wiser, or different! Of course, if she did not consent, if she was tricked into taking the drugs in order for him to do what he did, then it really is forceable rape.
Now, I'm not saying that he is some innocent caught up in the system. But the system does need to be fixed and the bums running it should be tried for the crime of actively destroying it for political gain!
Now, despite my subject title, crime cannot be stopped completely unless the human race is completely destroyed, but I do have some solutions that will bring the crime rate down greatly.
One, death for all crimes. Period! This eliminates repeat criminals. In ALL of the media, including the sliver of conservative media, the overwhelming majority of reported crime is committed by repeat offenders!
The crap shoot would be eliminated to some extent as sentences would not be subject to a judge's whim.
Also, the death penalty does have some deterrent effect, though not as much as some would have us believe. After all, no one starts out to commit a crime believing that they will be caught, even when they see and know that others have been.
Two, absolutely NO APPEALS! One trial, which is required per the constitution, and that's it!
Three, make abuse of the judicial system, particularly by DA's who continue to prosecute people even when it is known that the people are innocent.
Four, do an audit of what constitutes crime and possibly reclassify some of them as either civil offenses or not offenses at all. Medical Marijuana is one. Online gambling is another.
Five, and this will probably not sit well with 'states' righters', is to standardize criminal laws between the states with exceptions for things that may be peculiar for a particular state.
Last, but probably most important! Always keep cases 'dormant', even after the criminal has been executed. If it is later discovered that the defendant was indeed innocent, this fact, by law, should be made glaringly public and an investigation should be launched to determine if the person was condemned simply by a 'mistake due to circumstances', or if there was willful action, such as withholding of evidence or jury tampering. Understandably, many anti crime people are indeed so fed up that they don't care if an innocent person is convicted, so long as somebody pays. However, an innocent person does deserve to have their record set strait, and to have the public, including the crime victims, to know that they were not guilty! When we allow miscarriages of justice, we, as a society, become fully a society of criminals and there no longer is any difference.

sizzlelean - boy do you have it wrong
I am a 49 year old woman. This may blow your preconceieved notion, but 22 years ago I was raped by a coworker who I thought was a friend. I had to get a new job and a new apartment. I sought grief counselling because I lost a friend, a job, an apartment and my life as I knew it was over. I had other friends (I thought they were friends) and acquaintances who suggested I simply had morning after remorse. So yes, I know a little more about the subject matter than you callously assume. I certainly do not agree with the legislation as it is currently written and I can't support heavy handed punishment of teenage lovers. But I can say that forcing non-consensual sex is wrong and must be punished if we are to promote civilized behavior.

Bad Legislation: A real nightmare
Perhaps the sentence is correct in Wilson's case. The girl claims he raped her; it was not consensual. And she may have been drugged.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.