Sign in to wowOwow

Enter the email address that you used when registering at wowOwow.
The password field is case sensitive. Click here if you have forgotten your password.

Please register for wowOwow

Newsletter subscriptions
Sign up to receive wowOwow's weekly newsletter and get our best picks delivered right to your inbox. Our newsletter content is hand-picked by the wowOwow editorial team and provides the top features, news, and commentary from our site. Subscribing to our newsletter is free and safe. We will never share your email or other information with a third-party without your direct consent.
By registering, you indicate that you have read and agree
with our privacy policy and terms of service.

Politics | 11/24/2008 10:40 am

10 Years After Teenage Tryst, Female Sex Offender Faces Eviction

By The Staff at wowOwow.com

Sex-offender laws remain pretty murky. While surely many men and women should be restricted after their carnal crimes, other cases remain a not-so-subtle shade of gray.

That’s something Georgia-native Wendy Whitaker knows for sure. The 29-year-old has been a registered sex offender for more than ten years, ever since she, at age 17, had consensual oral sex with a classmate, who was nearly 16 years old at the time. Despite the consensual nature — and the nearness in the participants’ ages, Whitaker must now comply with Georgia state law and live more than 1,000 feet from churches and schools. Her current home does not comply with those limits, and the state is trying to evict her and her husband. Hoping to hang on to her home for the holidays, Whitaker’s hired lawyers are currently petitioning the state to hear the case.

Despite the fact that a federal judge last week refused to block the eviction, Whitaker’s legal team last Friday filed a suit with the Columbia County Superior Court and are claiming continued restrictions on Whitaker count as "cruel and unusual." If evicted, Whitaker lacks the funds to set up shop elsewhere. The Southern Center for Human Rights in Atlanta has also rallied for her case and filed a lawsuit on Whitaker’s behalf asking the state to overturn parts of their sex-crime legislation.

We’re pretty firm in our belief that Whitaker should be exonerated from her youthful escapades, but would love to hear what you think of this matter, reader. Should Whitaker continue to be considered a sex offender, or has she been through enough over the past decade? And, if you believe Whitaker’s paid her dues, would you feel differently if she were a man?

13 Reader Comments (so far…) Sign In or Register to comment

f p
Excuse me—it was consensual—this is one of those laws that needs to be stricken from the register—it’s barbaric and the lady has paid her dues—what incredible bullshit to put her through this—she needs to move to civilzation.
By f p on 11/24/2008 10:42 am
Belinda Joy
First off wOw, I need to point out from your heading, you state in the story that she was 17 when the tryst happened, and say she is now 29. If this is accurate it would be over 10 years…just an FYI. This is a tough one because if “she” was a “he” and we knew of a 29 year old man that performed oral sex on a young teen girl when he was 17, would we be as understanding on the subject of him regaining all his legal rights? I don’t believe we would. In so many ways I am very old fashioned in how I view our country, sex, work, religion, you name it. It doesn’t jive with my open minded views as it relates to how I live. I don’t have the attitude “kids will be kids” as most people do. I do believe morals and values must be instilled in children by their parents and that children must listen to those rules. I listened to my father’s rules and morals he set for our family, and I don’t think my dad was the only man in America that was able to succeed in that aspect. It comes down to whether your kids respect you as an authority figure, or do they see you as a friend first? So teenagers having sex is not something I see as normal or understandable. A 17 year old having sex with someone under 16 is not something I see as not a big deal. But again, I am old fashioned on this subject. It comes down to the law, and if the law requires that she be labeled and viewed as a sex offender because of that conviction, then that should be her fate. We can’t and shouldn’t have one set of laws for females and another for males who do what she did. It’s a hard one to swallow and will undoubtedly affect her life now and in years to come. However it should be a wake up call to all those teens out there that don’t see a problem with having sex. You always run the risk of being convicted of a sex crime dependent upon your state and state laws. And contrary to FP post, there is no such thing as consensual sex when you are talking about a 17 year old and a child under the age of 16.
By Belinda Joy on 11/24/2008 10:57 am
Belinda Joy
One of my friends who reads articles posted on this site commented to me on this particular post. She was stunned that I held the beliefs that I expressed, given how open minded and forward thinking I am in other areas of my life. We had a long discussion today about this (a LONG one) and in doing so I realized this is yet again….another long held opinion that is now changed. In the last 30 days I have changed my mind about Gay marriage and now teen sex. Both of these issues are ones that I felt were firm, unmovable, and yet I changed. Not that it will matter to any of my fellow posters, but for the record all that I have written above is now no longer my stance. And for the record (in black print on a computer for all the world to see) a big THANK YOU Stephanie for being someone who cares enough about me to point out when you feel I am being narrow minded. You recognize that I am trying my best to be the best woman I can be and live a truly authentic life. I know I can’t do that if I cling to antiquated ways of thinking….judgmental attitudes. This is a subject I can let go of.
By Belinda Joy on 11/26/2008 11:42 pm
MSLGWCEO Wagner
There are many laws and misconceptions concerning sex offenders that the public is not aware of. Yes, this was consensual teen sex. The Adam Walsh Act is sweeping young children into it’s net which paints everyone with the same broad brush. Ricky’s story is another and can be found here. http://www,cfcoklahoma.org
By MSLGWCEO Wagner on 11/24/2008 11:44 am
Sherrie Crews
This is a tough one because if “she” was a “he” and we knew of a 29 year old man that performed oral sex on a young teen girl when he was 17, would we be as understanding on the subject of him regaining all his legal rights?” By Belinda Joy Lathan on 11/24/2008 11:57 am I would Belinda. There are several young men in this area whose homes show up on the sex offender locater website who shouldn’t be on there. Imagine this: You have an 17 yr. old son who dates a 15 yr. old girl, a circumstance not that uncommon in high schools around the country. He breaks it off with her for another girl and to get revenge she tells her parents he took advantage of her. Your son is labeled a sex offender for life. When the parties involved are between 14 and 18 with no more than 2 years between their ages the sex offender registry and laws shouldn’t apply unless there is actually a forcible rape.
By Sherrie Crews on 11/24/2008 11:53 am
Belinda Joy
Sherrie if any community’s law officials arrest let along convict a boy/girl of a sex crime solely based on the complaint of a parent and their child speaks to their lack of enforcement of the laws. If this is indeed happening at a rate that would justify your argument on this subject, I would think the country would be in an uproar against this type of matter. If your teenage son had sex with his teenage girlfriend and it could be proven in a court of law, he should (in my opinion) be convicted of a sex crime. Children (those who are not considered adults under our country’s law) should be convicted of sex crimes if they engage in sex acts. Under the age of 18 they are considered children, period. It doesn’t matter that they both agree to have sex, children can’t consent to sex. If a teen is convicted of murder or the like, parents cry and plead for mercy because they are a mere child. And if they have sex and are convicted of a sex crime, it should be overlooked as just the norm “all kids have sex in their teens” How about parents teaching their kids that they need to abstain from sex until they are ready mentally as well as physically for sex and all that comes with the act? We have a difference of opinion on this one Sherrie, but I do respect your stand, we just see things differently. There have been many things we have agreed on, but it would be silly to think we would agree on everything. All the best.
By Belinda Joy on 11/24/2008 1:48 pm
Elizabeth Bennett
These banishment laws are insane. One was passed in California a while back and was just found unconstitutional because its requirement that no offender could live within 2000 feet of a school or park effectively caused them to have to leave entire communities. When it was on the ballot, someone did a map and it showed that there were hardly any places that were ok for people to live. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/21/BAER14966O.D… Child sex abuse is a terrible thing, but we have gone too far in our laws. We can’t be treating people like this, putting scarlet letters on them, and lumping together people who are truly dangerous with ones like the woman described in this article. It seems that if people are that dangerous maybe we should think of a better solution that perpetual eviction. These laws have had the unintended consequence of causing many sexual offenders to stop registering and change their identities. I wonder if she could petition to have her youthful crime record expunged. In some states, that can be done, and it affects a whole range of rights. Probably not in Georgia.
By Elizabeth Bennett on 11/24/2008 12:02 pm
Tee Zee
This should be an outrage…we waste so much money in this country going after people who have already paid the price for their crimes. Just like the 60 minutes piece on Homeland Security going after widows…widows? Surely there is a better use of time and money…what ever happened to common sense??????
By Tee Zee on 11/24/2008 12:37 pm
Allene Swienckowski
First of all, I think that Georgia has a tendency to go overboard on teenaged “sex-offenders.” I can’t believe that a 17 year old, whether male or female, was tried for a sex offense in the first place. I am uncertain to what Georgia’s “age of consent ” law is, but the laws for consenual sex between teens should not be judged the same, nor the punishment for those so-called crimes, as those laws that currently exists for adults and teens who have committed forced, sexual misconduct. It’s a pity that the justice system in some parts of the country have adopted the same mentality that school administrators use - that is, the “zero tolerance mentality.” It is clear that one set of laws cannot possibly address every circumstance. We live most of our lives in the grey areas rather than those distinctly clear areas of black and white. It’s time to stop living by using our fears as the touchstone for logic and reasoning.
By Allene Swienckowski on 11/24/2008 1:59 pm
Delete This
This is a result of a ridiculous lack of common sense. A 17 year old/16 year old having sex. Whoa!! Does that really occur??? I’m shocked. Shocked I tell you. And the girl is slightly older not an adult who abused a child. Get real. We are wasting money and still punishing this woman for a teenaged act. The appropriate thing then would have been counseling. Let’s wreck this woman’s life and brand her a sex offender when W can kill hundreds of thousands of innocent people and be feted around the world. Or a sitting Senator….David Vitter…can have repeated sex with prostitutes, a crime, and he’s still in the Senate? What kind of Bizzarro Planet is this.
By Delete This on 11/24/2008 6:28 pm
Chrome Toe
IF… and I say “if” in a big way as I’m taking for granted that wow has it’s facts straight… so if the facts are as presented exactly. then hell yes this woman needs to be given a serious break. as far as i’m concerned it would mean she was 1) criminalized for something that shouldn’t have been a crime period and 2) being dropped through some twilight zone hole in the system that punishes her for eternity for something that didn’t deserve punishment to begin with. I didn’t read all of the above debates in full. sort of skimmed them. But frankly i’m shocked at the rather victorian attitude of a couple of you folks. you really think that a 15 and 17 year old having sexual contact is CRIMINAL? Really? seriously? I just can’t help but have my jaw on the floor over that one. i just think you’ve got to be kidding. I’m not saying it’s ideal. I’m not saying it’s something i’d wish on a teenager or hope for a teenager… but CRIMINAL. Seriously…
By Chrome Toe on 11/24/2008 9:57 pm
Elizabeth Bennett
In many states statutory rape is a crime even if both are under 18. I think this is loopy. In some states, one of them has to be substantially older than the other in order for it to be a crime. Like five years. I think this makes a bit more sense. What is odd to me is that the details of the crime of statutory rape are not taught in sex ed typically, but tend to get learned from kid to kid, with lots of things left out and/or just wrong. So often a kid can get charged with something he or she didn’t even know was a crime in the first place. http://en.wikipedia.org/wiki/Statutory_rape No doubt Whitaker was treated more harshly than most because the boy in question was black and she was white. Statutory rape is not a charge typically made of the daughters and sons of the rich and powerful. http://atlanta.creativeloafing.com/gyrobase/life_in_the_shadows/Content?…
By Elizabeth Bennett on 11/24/2008 10:34 pm
Elizabeth Bennett
Looks like she won a temporary court order letting her stay in her house pending the outcome of the litigation. http://www.ajc.com/metro/content/metro/stories/2008/11/24/sex_offender_g…
By Elizabeth Bennett on 11/24/2008 10:38 pm