Turmoil at nexus of the law and teen sex

"This case represents yet another tragic breakdown in the criminal-justice system that, unfortunately, fails young African-American males too often," says a statement from the Congressional Black Caucus in Washington. "It is unjust, unfair and un-American."

And the mother of the girl, who is at the center of the case, has said publicly that Wilson's sentence is excessive.

Crucial to the case is the hotel-room videotape, 35 copies of which were made and distributed in June to lawmakers and media by prosecutor David McDade in response to a Freedom of Information Act request from the Associated Press. The US attorney in the state has since ordered circulation to cease and desist, calling it child pornography.

"It has been described as a profanity-laced, weed-smoking series of sexual encounters," says Professor Carlson. "It's a pretty grimy episode and not a very attractive portrayal of teenage life. It's been an opinion changer."

The issue of consent

State GOP lawmaker Eric Johnson of Savannah, leader of the Georgia Senate, says he went from having no opinion on the case to a strong opinion in favor of the sentence after seeing the tape. The nature of consent – complicated by the age of the girl and obvious drug and alcohol use – is the core issue, he says.

"When you hear that it's 10 years for consensual oral sex for two kids, you go, 'That doesn't sound right,'" says Senator Johnson. "But when you see the tape, you see ... drugs, alcohol, attitudes, arrogance, and disregard. While it may be consensual, you don't know about intimidation or if she feels obligated. That's why you set an age in the first place where you can make a decision like that."

Despite the blurry consent issues, Wilson's sentence indicates that Georgia law is out of step with modern views on sex, especially as the statutes equate oral sex with sodomy, says Melinda Chateauvert, an African-American studies instructor at the University of Maryland. In fact, Wilson would have received a lighter sentence if he had had intercourse with the girl.

Studies show that a majority of teenagers, even some of those who have taken abstinence vows, believe that oral sex is an acceptable and safer substitute for intercourse, Ms. Chateauvert says.

The case shows how "people opposed to sexuality and sexual expression use scare tactics to persecute or maintain laws even if people are not violating consent," says Chateauvert.

Johnson disagrees. In his view, the Wilson case is a wake-up call to teenagers that there are consequences to actions. At the same time, he blames Wilson's supporters and the media for drawing inferences about the state of Georgia without looking more closely at the adjudicated details of the case.

"There's nobody in jail in Georgia for any length of time for consensual oral sex in the backseat of a car," he says.

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