Gernalow Wilson was earlier convicted of felony aggravated child molestation for having oral sex with a 15 year-old girl when he was 17. The prosecutor charged him under a legal loophole that made that conduct a felony, while sexual intercourse would have been a misdemeanor. An appeals judge ordered Wilson freed, but the prosecutor appealed.
Now, the Georgia Supreme Court has ruled, 4-3, that his sentence was indeed grossly disproportionate to the crime, and has ordered his immediate release. Wilson had already spent two years in prison. Had the crime been a misdemeanor from the start, he probably would only have been jailed for a short time.
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