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 |  Mike T | 

    If we just dealt with unrepentant sexual predators the way we ought to, none of this would be necessary. Stuff like this needs to get struck down so that people have no choice but to demand that the right punishment be given the first time. It’s cruel and inhumane, even to sexual predators, to turn people into lepers who are “free” to live a crippled life because society lacks the intestinal fortitude to take the required action.

  2. #2 |  Chris Berez | 

    I don’t know what else to say to that but “Jesus Fucking Christ!” I mean… Jesus fucking Christ! Are you kidding me? I feel like my head is going to explode. How is anyone supposed to respond to this in a rational manner? I want to punch a hole in my wall.

  3. #3 |  jwh | 

    Crime? What crime?!? She was simply impersonating a White House intern, and treating the young man as if he was POTUS……oh, and we thought THAT was all behind us when Hillary lost……boy were we mistaken.

  4. #4 |  Paul | 

    Sell the house, and leave Georgia, if not the country. She needs to face reality and recognize that Georgia’s law is stubbornly evil and unreasonable (an historically normal state of affairs for Georgia) and it is not going to change.

    It is a big world, and travel is easier now than it ever has been. If you are one of the millions of people being oppressed by the government, be it this nasty SO law, or a past drug conviction, or an eternal tax lien that will never go away, or whatever it may be…there are other places to live that will welcome you if you are willing to work and behave yourself to a reasonable degree.

    Don’t just stay in Georgia and take it from them, over and over and over. Leave.

  5. #5 |  Helmut O' Hooligan | 

    “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.”

    Ludicrous. The fact that Georgia’s legislature wised up (momentarily) after the Wilson case should mean that all the other people screwed over by this puritanical nonsense should also be vindicated. These kinds of laws need to be much more flexible. States probably need to re-examine the age of consent. Then, the severity of penalties should probably be based upon age difference. Thus, a 40 year old that molests a pre-pubescent child would still get a stiff sentence, but the 18 year old senior who goes to prom with the sophomore and gets “lucky” will probably not be charged, or will at least be treated differently by the criminal justice system (in the last example, the 18 yr. old usually only gets in trouble because someone’s parents get pissed).

    In a more sensible system, people’s lives wouldn’t be forever ruined because of raging hormones.

  6. #6 |  O’DonnellWeb - I’m not one of “those” homeschoolers. » Blog Archive » Elsewhere on the Internet (November 23rd 23:15) | 

    [...] The Agitator » Blog Archive » Woman May Lose Home Over Decade-Old Blowjob – More sex offender hysteria. It#039;s becoming this decade#039;s McCarthyism [...]

  7. #7 |  Brandon Bowers | 

    It’s becoming one of this decade’s McCarthyisms. We’ve got three that I can think of offhand.

  8. #8 |  Burdell | 

    It’s for the children.

  9. #9 |  Wellsy | 

    Too bad earthquakes happen in California and not Georgia… sheesh.

    She should move to Cuba with her hubby – at least she could have free healthcare while being oppressed!

    :op

  10. #10 |  James | 

    How much of our money has been wasted trying to defend these stupid residency laws which do no good whatsoever. That has been proven. There are a few state reports on residency restrictions on this site that show they do no good.

    http://roarforfreedom.org

  11. #11 |  name | 

    First of all how did the “court system” findout about the blowjob? Did the idiot guy tell the cops that some b**** just sucked him off?

  12. #12 |  paul | 

    I don’t think I would choose Cuba–the economy is terrible there. :)

    But most places in East Asia are just fine, and South America is beautiful. People in those countries understand on a visceral level that the law is crap and is made for the benefit and entertainment of those currently in power and their cronies.

  13. #13 |  Paul | 

    I still don’t understand why we have sex offenders register for life, have them go door to door, etc.

    You can commit murder, do your time and it doesn’t follow you. Either do it for all crimes or do it for none.

    Personally I’d rather know if a murderer is living on my block before I’d care about a sex offender.

  14. #14 |  Jeremy | 

    It isnt rape if you enjoy it. Ask the boy if he wast raped or not.

  15. #15 |  Tom | 

    Has anyone thought to point out that the purpose of these laws is to prevent harm to children, and that the term “child” is defined differently in different states? In some states, both of the above would be defined as children, and both would therefore be the “victims” of each others’ acts. The law is meant to protect children from the immediate and enduring harm of sexual predation by ADULTS, not to punish consensually experimenting teens. That this woman is still suffering from a consensual act performed when she was barely 17 years old means they are victimizing the alleged “victim” of a crime, not punishing a predatory adult. In this case the law is the traumatizer. The law fails.

  16. #16 |  gary | 

    It’s for the children.

  17. #17 |  argentumvulgaris | 

    This is absolute bullshit, these people are not sex offenders any more than I am the man in the moon.

  18. #18 |  Matt | 

    Georgia – America’s very own Saudi Arabia. Come visit and get a taste of what it’s like to live in a land of extreme sexual repression and theocracy! Only white Christians welcome please, all others will be imprisoned and possibly executed immediately upon arrival.

  19. #19 |  Jason | 

    You’d think that legislators and law enforcement officials would have less time on their hands.
    http://rightklik.blogspot.com/

  20. #20 |  Norm | 

    She performed oral sex on a 16 year old high school classmate just after turning 17.

    And who was watching?
    It seems to me, someone should be convicted for being a peeping Tom.

  21. #21 |  Woman labeled as sex offender for sex when she was - 17. With her boyfriend. « News Pirates | 

    [...] by John Hummel on November 24, 2008 This is just sick and wrong. You’ve got Wendy Whitaker who is about to lose her house for being labeled a sex offender, because when she was…. This was over 10 years ago. Turns out that because she’s still labeled a “sex [...]

  22. #22 |  Dave | 

    12 years is a long time for someone to pay for a night that a light went out in Georgia.

  23. #23 |  Fritz | 

    Reading this website is a lot like smoking: it takes years off your life, but you keep doing it anyway. Serenity now!

  24. #24 |  Trevor | 

    Land of the free baby! Unless the authorities happen to decide otherwise. This story makes me feel physically ill.

  25. #25 |  matt | 

    congrats radley on the exposure on this story. it is sitting on top of the reddit main page.

  26. #26 |  ktc2 | 

    We need a “Georgia Politician Registry” to track those dangerous low-lifes before they do more damage!

  27. #27 |  The Other Jeff | 

    Paul, what countries aren’t going to look at her criminal record before letting her move in? Any worth moving to? If she moves to another state, her status will follow her. Better to stay and fight it at the source.

  28. #28 |  Chipping away at rule of law from the inside out | the will to exist | 

    [...] We have a prime example of such a law in my state of residence, Georgia. 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. [...]

  29. #29 |  Fred | 

    I don’t have any sympathy for her. People need to get it that when you’re an adult (17 is apparently considered “adult” for sexual interactions in Georgia) then you should not have sex with minors. Everyone can come up with these exceptions that are not “that bad”; but if you start making exceptions, then a whole bunch of people will go for the loopholes. If you are an adult in your state, even by one day, then DO NOT have sex with a minor. That means even if the minor is just under the age of consent and you are just over the age of consent. Don’t do it. Period.

    Forget her.

  30. #30 |  Zeb | 

    Fred, they were fucking Sophomores in high school. Get a grip.

  31. #31 |  Keith Thompson | 

    Jeremy, in comment #14, writes:

    It isnt rape if you enjoy it. Ask the boy if he wast raped or not.

    Nobody claimed it was rape. My guess is that the prosecution stipulated that it was consensual. Under Georgia law at the time, it was still considered a crime.

  32. #32 |  SJE | 

    #29: Even if we assume that society has some interest in stopping horny teenagers, what interest does society have in persecuting her for the rest of her life? How does it help children? Other people? Taxpayers? Ridiculous laws like this are then the sort of thing that turned me into a libertarian.

  33. #33 |  Maria | 

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

  34. #34 |  Ben | 

    Fred think back to high school. Any tail was good tail. There was no question of “Well you’re 17, and I’ve got a week until my 16th birthday….” and if you think there was you were either a unich or a nerd who never got any.

    There’s no reason for any of this. And yes, there are shades of gray in these cases. A 25 year old tapping a fourteen year old is bad (in some cases. The 14 year old could consent.) Two sophomores getting it on is normal and, while it shouldn’t be encouraged, it should be seen as natural.

    I’m a fan of no age of consent. Back when I was thirteen, I would have loved to sleep with a high school senior. And there would have been no psychological trauma unless the wrong person found out and she was prosecuted for farking me. THAT is where the trauma comes from, the fact that you did something that is perfectly natural (and necessary for the existance of our species) and it’s been turned horrible.

    In conclusion, Fred, good troll.

  35. #35 |  melanie | 

    These laws are so bizzare. A friend was walking home from a party and decided he needed use the bathroom. None around so he made use of a tree. Bad idea, yes. Vulgar, yes. Well, it turns out the police were rolling by and quite unfortunately, the tree was 100 yards from a school. So now he is a registered sex offender because he had his member exposed near the school. Mind you, this was after 2:00 am so I doubt any of the little darlings were damaged by this. But the rest of his life is forever defined by this moment. It is just crazy.

  36. #36 |  Jamreau | 

    Wouldn’t simply executing these people at least save them the hassle of having their entire lives ruines by your dumb laws? I mean come on, America! We execute more people than any other country except China! Clearly we need to try harder if we want to be #1!

  37. #37 |  mikelinpa | 

    If only there were some way to know if a person is physically mature enough to have sex… Oh wait, there is! It’s called puberty! Duh!

    This guy, probably the youngest in his class, got lucky with a girl who was about 370 days older than her. When I was 1 week shy of my 16th birthday I was:
    a) about to start my 6th summer of working full time in my Dad’s butcher shop.
    b) didn’t know it, but was going to run the poultry and hot food divisions, (aka: the back room,) of the butcher shop that summer.
    c) would have given up my entire Star Trek collection just to hold hands with a girl, much less get a hummer from her.

    This girl, now a woman, isn’t a criminal, she’s a freaking Godsend! This is a miscarriage of justice. A total farce of a legal system. I know of a premeditated murderer in my home county that got probation and murdered again 15 years later. This woman is going to suffer the rest of her life for giving head to a boy she liked in 10th grade. Why isn’t there any common sense being applied to each case? Isn’t that what Judges are supposed to do?

  38. #38 |  Johnny Isakson | 

    As it sits right now, this Mrs. Whitaker’s constitutional rights are being held against her do to how our board in this great state is somewhat old fashion. As I am, and if she would like everything to be cleared up, as Senator, I have that authority, the only thing I would ask in return, is what that young man received on that faithful day 12 years ago. Hit me up girl -j sak

  39. #39 |  Mark | 

    This is just another example of Christian compassion, forgiveness, tolerance, and love in action. No wait… it is the opposite of that.

  40. #40 |  Bob Smythe | 

    My only question is does she spit or swallow?

  41. #41 |  joe | 

    Fred was shut down by this woman after a high school football game. 12 years later he’s still pissed.

  42. #42 |  Don | 

    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.

  43. #43 |  One of the Reasons I don’t like Sex Offender Registries | Bruce Droppings | 

    [...] Agitator.com reports: 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. [...]

  44. #44 |  vegatwilight | 

    If it costs the state an average of $45,000 per year to hold someone in prison and if this woman did indeed serve the full ten years, this one, consensual, private act between classmates just ended up costing Georgia taxpayers almost half a million dollars. That has to be the second most expensive blow job in history.

    Sure hope the citizens of Georgia are feeling extra safe.

  45. #45 |  Ned | 

    Where are our priorities!
    The criminals are the top two guys about to leave office.
    Prosecute them and leave her alone!!!!

  46. #46 |  Fred | 

    I am sorry for being a repressed homosexual. I beat up on other people with urges in order to deny my true nature.

  47. #47 |  AMB | 

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

  48. #48 |  JW | 

    Fred you are a low life scumbag, f*** you Fred.

  49. #49 |  The Fallen One | 

    http://www.oncefallen.com/youmightbersoif.html

    Sadly, she’s not the only extreme case out there

  50. #50 |  BoMB | 

    Utterly ridiculous. There is a vast difference between 17 and 16 year old getting it on consensually and being a sexual predator. And seriously, if this woman were the predator, SHE’D be the one getting head, NOT giving it!!!

    This is the trouble with mandatory sentencing – we aren’t letting judges do their jobs. We are letting people like Fred, Mike T. and Burdell do it, and they are obviously idiots.

  51. #51 |  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.

  52. #52 |  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.

  53. #53 |  [root@EGA]# » Blog Archive » links - 20081124 | 

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  54. #54 |  sparky | 

    Can anyone say “ex post facto law”?

  55. #55 |  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.

  56. #56 |  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.

  57. #57 |  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 [...]

  58. #58 |  E-rotico - Relatos Erotico y Videos gratis » Blog Archive » Mujer puede perder su casa por sexo oral adolescente | 

    [...] Un caso mas que las estupidas leyes funcionan mal. Via: Woman May Lose Home Over Decade-Old Blowjob [...]

  59. #59 |  gary | 

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

  60. #60 |  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 >_>

  61. #61 |  ???????? ? ??????? ??-?? ????? ? 17-?????? ???????? | ??-??-??! | 

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

  62. #62 |  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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  64. #64 |  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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  68. #68 |  robin | 

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

  69. #69 |  John.BB | 

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

  70. #70 |  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.

  71. #71 |  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…

  72. #72 |  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)

  73. #73 |  Woman May Lose Home Over Decade-Old Blowjob | Disinformation | 

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  74. #74 |  Blowjob | 

    This is absolutely ludicrous!

  75. #75 |  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! :)

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