Woman May Lose Home Over Decade-Old Blowjob

Sunday, November 23rd, 2008

Wendy Whitaker, 29, has been on Georgia’s sex offender list for more than 12 years.  Her crime?  She performed oral sex on a high school classmate just after turning 17.  The boy was just shy of his 16th birthday.  Both were sophomores.  Whitaker is now suing, claiming that given her crime, her sex offender status is cruel and unusual punishment.

After the international uproar associated with the Genarlow Wilson case (Wilson, you’ll remember, was convicted of a similar crime—having consensual oral sex with a 15-year-old while he was 17), Georgia’s legislature clarified state law to prevent these sorts of cases—what Whitaker did 12 years ago is no longer a crime in Georgia.  But because some Georgia lawmakers stubbornly wanted to keep Wilson in jail, the legislature took a separate vote to keep the law from applying retroactively.  Wilson and Whitaker are still convicted felons.  Whitaker’s suit cites the Georgia Supreme Court’s ruling in Wilson’s case, which found that Wilson’s 10-year sentence and mandatory sex offender status amounted to cruel and unusual punishment.

The question is whether the court will consider the registration requirement in and of itself cruel and unusual punishment for people convicted of consensual oral sex as minors before the law was changed.

Whitaker is also involved in a second lawsuit—this one to keep her house.  In 2006, she and her husband scoped out neighborhood surrounding the Harlem, Georgia home they eventually purchased to be sure they were in compliance with Georgia’s sex offender law at the time.  That law prohibited offenders from living within 1,000 feet of any area where children congregate.  Despite their efforts, local authorities ordered Whitaker and her husband to vacate shortly after they moved in.  They had overlooked a nearby church, which was running an unadvertised daycare service.

That law was truck down by the Georgia Supreme Court last year, giving Whitaker a brief reprieve.  But Georgia’s legislature then passed a revised law earlier this year, one lawmakers apparently believed is in compliance with the state supreme court’s decision, but that still manages to rope in Whitaker.  Last week, she was told she has to move out of her home by Thanksgiving.  If that happens, she’ll likely have to foreclose.

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75 Responses to “Woman May Lose Home Over Decade-Old Blowjob”

  1. #1 |  John L. | 

    This girl, now a woman, isn’t a criminal! This woman is going to suffer the rest of her life for giving head to a boy she liked in 10th grade. I would bet my bottom dollar that the 16 year old boy was a willing participant & was NOT “raped.” This is a complete miscarriage of justice. It’s a total farce of a legal system. At most, this should have been handled throught the juvenile court system and then forgotten when she turned 18. This never should have become a permanent part of her adult record. Why isn’t there any common sense being applied to each case? Isn’t that what Judges are supposed to do? It sounds like the state legislature has nothing better to do than to control someone who is a victim of the justice system. This lady does NOT deserve this punishment. This is definitely cruel and unusual punishment. And the Georgia state legislature should be ashamed of themselves.

    Someone should find out if any of those members of the state legislature ever had sex when they were minors. And, if they did….. then that same law should be applied to them. Then they would repeal that law fast.

  2. #2 |  Orwell | 

    This is the same b/s as the under 18 girl who took a nude photo of her self and sent it to boy her age and was charged for child pornography.

    1789 was a good year in France.

  3. #3 |  [root@EGA]# » Blog Archive » links - 20081124 | 

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  4. #4 |  sparky | 

    Can anyone say “ex post facto law”?

  5. #5 |  Paul | 

    The Other Jeff–Other countries aren’t nearly as interested in investigating everyone who lives there as the U.S. or Europe. There are lots of reasons a person couldn’t just up and move out of the U.S., but I’m also sure there were lots of reasons Jews didn’t leave Germany until it was too late.

    Her case is serious, and so is the state of Georgia. If she moves to another American state, her record will follow her and the new state will hassle her, too. Even something as simple as moving to Mexico would protect her quite a bit.

    I doubt the Mexicans would demand her identity papers, check her criminal records, and post her name on a public registry so that every vigilante in driving distance would have a new target for their hate and rage. If you are a well behaved, law abiding person, (and she is) they pretty much leave people alone there.

  6. #6 |  CHRISC | 

    But gosh, if these laws protect just 1 child, like the nebraska safe-haven laws…oops, never mind. Guess few politicians have the cannolis to stand up and say the emperor has no clothes when it comes to the insanity that has become these sex offender laws.

  7. #7 |  La Lengua » Blog Archive » Mil novecientos ochenta y cuatro | 

    […] apedrear a los homosexuales, o a las mujeres que gozan del sexo extramatrimonial. ¡Qué mundo! [Noticia en inglés, vía Boing […]

  8. #8 |  E-rotico - Relatos Erotico y Videos gratis » Blog Archive » Mujer puede perder su casa por sexo oral adolescente | 

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  9. #9 |  gary | 

    The moral of the story is don’t live in the south.

  10. #10 |  PathetiX | 

    Why don’t they focus on REAL sex offenses instead of a voluntary act which was done a decade ago where no one got hurt >_>

  11. #11 |  ???????? ? ??????? ??-?? ????? ? 17-?????? ???????? | ??-??-??! | 

    […] ????????? ????? The Agitator, ????? ??????? (Wendy Whitaker), 29 ???, ????? 12 ??? ????????? […]

  12. #12 |  Andrew Williams | 

    I think the guy she blew should make a public mea maxima culpa:

    “I’m sorry. Not about the BJ–it was great–but that I was shit stupid enough to open my mouth and tell everyone about it. Oh, and I’d like to thank my parents for calling the cops. Thanks, Mom and Dad. Don’t call me; I’ll call you. NOT!”

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  14. #14 |  Land of the Repressed | 

    sex offender registries in of themselves are a complete violation of privacy and freedom, there is no other way to slice it or dice it. Crime happens, defendant does his/her time move on… this is no different than a scarlet letter… once on the list you will have a VERY hard time finding meaningful work, finding a place to live, having dignity (as you go door to door) finding security (the next time the nine year old 8 blocks over stays to late at the mall your ass gets dragged down to the police station and made to be guilty).

    these legislators and politicians have used this crime as a vote getting weapon for too long, is it a horrible crime, yes… but research it before you are quick to judge, i could rant forever here… seriously, if there is one thing in this country that you do not want to be accused of right now its a sex crime, especially against a minor, accusation = guilt, you will not even come close to getting a fair trial, you will be begging that life on this list is ALL you get… in this type of crime you are guilty until proven guilty, there is no other outcome, you think i am lying? research it, I have a buddy doing 59 years for a crime he didn’t even commit and ALL the 100% fact/proof that he was not even around/involved at the time got thrown out 1 by 1 buy one vote hungry prosecuting attorney after another, the laws themselves in these type of cases have become such that this is allowed, just because of the type of accusation, NOBODY thought he would get found guilty because of all the evidence he had to his innocence, over the next 6 years, so many prosecuting attorneys used his case as a career builder it was mind boggling, needless to say this man is sitting for 59 years in the pen and will never see his wife or children again… fair? his children growing up without a father? oh by the way, in those 6 years he was going through the “trial” he was not allowed to see his children either…

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  18. #18 |  robin | 

    The moral of the story is don’t live in the south..

  19. #19 |  John.BB | 

    I can’t believe the news I read. Just anything can happen in the world..

  20. #20 |  Negrodamus | 

    Show me one male under the age of 18 and over the age of 12 that has not had his dicked sucked at least once and I’ll show you a Tijuana hooker that’s never had herpes.

    Bunch of God Damn Nazi’s run this country
    Stop protecting the children and let them grow up the hard way.

  21. #21 |  Erik | 

    I think the question of “is the sex offender registration requirement cruel & unusual in her case” distracts from the real question of “is the registration requirement c&u PERIOD.”

    If we’re not imprisoning sex offenders long enough then we should resolve it. Registration & notification is an incitement to vigilante justice at worse and a source of anxiety that can’t be addressed at best…

  22. #22 |  user8938001 | 

    I think its funny, and I foresee it getting worse. Who makes laws old as F*** white guys. Then when it gets to the point where the younger generation will not take it anymore there will be issues and the laws will change or the lawmakers will.

    This happens allover in many states and if you think its bad for this woman see what happens when its gay, cuz young sex is a sin but young and gay !!! they throw the book at you and grind up the key.

    But I don’t ever remember getting told at my 17th birthday that I now cannot have sex with anyone born a day before me and most teens don’t carry a state ID .. so how are you to know 4 sure ????? it gets into a big mess that you cant sort out. Other countrys have a range exeption in the law so if you are (3 year or so) like if you where so if you where 17 and the other person was 15 no trouble but if you where 40 you still going to jail

    I think there should be solutions that makes most people happy and keeps horny teens out of jail (without spending 30,000 for a lawyer)

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  24. #24 |  Blowjob | 

    This is absolutely ludicrous!

  25. #25 |  Billy Bob Clinton | 

    Don’t tell Obama about this! He is wrecking the country just fine with banks and all. If he finds out that having all the teens in the US registered as SO it would all be over – you could kiss that Constitution goodbye and hello dictator Obama. BTW a BJ is, if you know what “is” means, not sex! I swear it! :)