Female Sex Offender In Georgia Ordered To Move

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Posted: 7:50 PM Nov 16, 2008
Last Updated: 3:39 PM Nov 17, 2008
Reporter: Courtesy Katie Beasley - wrdw.com

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HARLEM, Ga.---A Georgia sex offender has to move because a daycare is located too close to her home. Wendy Whitaker took her case to fight Georgia residency restrictions on sex offenders to U.S. Federal Court. On Thursday, she lost, according to the Atlanta Journal Constitution.

Support is mixed for registered sex offender Wendy Whitaker. Some disagree with the decision and some are happy she must go. Wendy was caught having consensual oral sex with a 15-year-old classmate when she was 17. Twelve years later, she's still paying for the crime.

A.L. Wells lives next to registered sex offender, Wendy Whitaker. He agrees with the federal court decision that she must move from her Harlem home. "Whether it happened six months ago, or six years ago or sixty years ago, it's immaterial. It is not something that should have ever happened to start with," says neighbor A.L. Wells.

"People don't understand, you know. They say, well you're a sex offender, you need to be kept track of. You know, look at what I did as compared to what I'm having to go through," Wendy told News 12 in an August interview.

Wendy pleaded guilty to sodomy in 1997 and served five years probation after having consensual oral sex with a classmate. The problem, Wendy was 17 -- the boy only 15.

It's a crime she's still forced to pay for, as a federal court recently upheld a decision to make her move. The newspaper reported that decision came because the judge says there are plenty of legal places Wendy can live. "It's embarrassing. I mean, I know what I did was wrong, I made a mistake but I was seventeen," says Wendy.

Georgia law restricts registered sex offenders from living, working, or loitering within 1,000 feet of where children gather -- like the day care center a few blocks from Wendy's home.

"You almost can't find anywhere to live, here in Georgia. The only reason I'm in Georgia is because I have this house that I own," says Wendy.

But Wendy's neighbor disagrees. "You can not condone it because if you do, it send the wrong message, it's okay. It's not okay," says Wells.

News 12 did try to speak with Wendy Whitaker to get her reaction to the recent decision. But she declined. On Monday, November 17th, the countdown to moving day begins. She'll have just 72 hours until she must be out.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: ReligiousZombie Location: Espanola on Dec 11, 2008 at 09:15 PM
The southern states are a disgrace to America. Good grief! A girl that homely should be showed some compassion. The fellow student was probably the first boy to ever show interest in her. Cases like this make a mockery of the real crime of sexual predation. The judge and DA should be asked to resign.

Posted by: Dwayne Location: Greenville on Nov 26, 2008 at 02:59 PM
What are the DA's going to do when they are confronted with a few religions that embrace arranged marriages involving minor females? Why doesn't the Supreme Court do something about that? Even where it's illegal, the Courts turn a blind eye.

Posted by: Cat Location: Gboro on Nov 25, 2008 at 08:36 AM
I can't believe that she was forced to move.. Thats ridiculous! I hope that she can go somewhere, and leave this behind. Probably not though.

Posted by: Ted Location: Greenville on Nov 24, 2008 at 01:01 PM
In answer to the question regarding the age of these two love birds, while 18 is the legal age of adulthood, the legal age of consent in many states is 16. A 16 year old may consent to sex with someone not more than 4 years their senior. A 16 year old and a 20 year old are fine; the 21 year old would be a felon. In this case the person was under the age of 15; while I can't quote GA law in many states he is considered a child under the law. To Anonymous who called us "uneducated rednecks" you might want to read the story, then read the comments before posting as there isn't one comment on this board that says anything other than this was an idiotic case that should have never been brought to trial.

Posted by: Susan Fox Location: USA on Nov 19, 2008 at 08:05 PM
This makes for a prime example of how the system is 'broken'. 1) there was a 2 year age difference. 2) sex-offender status should be cleared after some 'period' of no offenses. She isn't the type of predator the law was 'built' for, but it's an example of how US laws can be and ARE abusable by officials to persecute anyone they choose. And there's nothing you can do about it. How do you like that? Welcome to the USofCriminals. Hey...stock market picks look good for Private Prison companies now due to the economic downturn (increase in crime or petty violations & lower state & federal budgets to build more inmate space).... Isn't that a joy? (Tuesday 11/19 WallStreetJournal).

Posted by: Rich Location: Greenville, NC on Nov 19, 2008 at 09:04 AM
I don't understand why a 17 year old was branded as a sex offender when she and the 15 year old boy were both still minors. Eighteen is supposed to be the official age of adulthood (except for the purposes of alcohol consumption, but that is a rant for another day). This is just another example of a "broken" and inconsistent justice system in the US. Ms. Whitaker and the boy were both minors when the "crime" occurred, and nobody was hurt during the consentual activities between the two minor aged youths. Enforcement in this particular case is the real crime being committed. Its a crime and a shame that Ms. Whitaker is continuing to be persecuted and to have to suffer this awful embarrassment 11 years after she was inappropriately convicted. In THIS case, enforcement of sex offender laws is a waste of tax dollars that should be spent keeping GENUINE sex offenders away from victims.

Posted by: Anonymous on Nov 18, 2008 at 02:19 PM
It seems you all in NC like witch hunts, every time the news comes out with an arrest or some one being taken into custody. You are all over it like a buzzard on road kill. Does even one of you know what due process means or innocent until proven guilty. You are a lot of uneducated rednecks.

Posted by: Garth Location: Wayne's World on Nov 18, 2008 at 02:20 AM
Question... Who was there first, her or the daycare?

Posted by: Ted Location: Greenville on Nov 17, 2008 at 04:37 PM
It is true that a large part of the Sex Offender Registry are cases similar to this. While I'm not attempting to justify anyones bad behavior, we need to tweek the Registry Program. If we can have various degrees of Murder surely we can agree on various degrees of "sex offenses" and determine which degrees should register and which should not.

Posted by: Kit on Nov 17, 2008 at 03:50 PM
This woman shouldn't be on the registry. But for everyone out there that thinks that registry is helping, probably 99% of the people on that registry are these kinds of cases (that registry is so broken it's pathetic). Just so people know they have branded poor teenagers for life in jobs, where they can live, etc. BUT the problem isn't just the judges, etc, the problem is the people automatically acting like it's a witch hunt when someone is just accused. The pressure from any case that is labels "sex offender" causes a lot of people to end up where they shouldn't whether they were ever guilty or not. Like I said I am flat out tired of the witch hunts regarding these matters plus many other matters that people seem to think they should choose for others on like gay rights, abortion, etc (all of which are PERSONAL matters).

Posted by: Unknown Location: North Carolina on Nov 17, 2008 at 03:12 PM
Be for real, my sister boyfriend molestered his biological daughter when she was only 12 years old, but guess what,after serving just 5 years in prison, he doesn't have to register as a sex offender, just simple because of the time that it occurred. I really have a problem with it. THE SYSTEM IS BROKEN!!!!!

Posted by: Vickie Location: Sylva on Nov 17, 2008 at 02:14 PM
I just showed this to my own son.You know what he said "that guy had charm at 15"...LOL Totally Ridiculous on the part of the DA and the Lame Judge.

Posted by: Anonymous on Nov 17, 2008 at 01:53 PM
As if kids don't lie about their age. I personally know a boy, 12, who hooked up with a girl, 16, and told her her was 15. He looks it and she believed him, until his parents found out and blew his cover. Actually, the girl was mortified at the thought that she liked a 12 yr. old and besides that it was pretty funny. There was no sex involved in this case but still it's one of those things kids do. This woman has suffered long enough for the ignorance of her youth. What they did, they shouldn't have done, but she is certainly no more guilty than the boy. What a shame for her to be branded as a sex offender for life. That is in no way fair.

Posted by: Sylvia Location: Washington on Nov 17, 2008 at 11:31 AM
I agree with everyone else, this is crazy they were both under age. What happened to the boy? Did he go to jail also? Destroy her life, but not his, seems unfair to me. This case should never have gone to court. Does this women have to stay away from her family also? I'm sure they all hve chidren in her family. This is absolutely cazy. Save the courts for real sex offenders. She's the onetha has been scared for life.

Posted by: Sam Location: Williamston on Nov 17, 2008 at 11:24 AM
I have always had a serious problem with sex offenders and what they have done, but come on judge, she should of never had to register as a sex offender. Come on people, she was SEVENTEEN and is now TWENTY-EIGHT, not only this was 11 years ago, but the boy was only TWO YEARS YOUNGER. That is one of those cases where the DA and should step down, they are abusing his power that he has, which is out of line. Plus if she was living in the house before the day care center came in, then that is another reason she should not have to move out. I would tell her to file a major lawsuit, cause she is getting screwed.

Posted by: Sarah Location: fayetteville, nc on Nov 17, 2008 at 10:45 AM
ok, this is kind of stupid. If she was 27 and 15, or some other crazy age where she actually was breaking the law then thats a different story. Here we have 2 teenagers. this is cazy.

Posted by: Cat Location: Gboro on Nov 17, 2008 at 10:03 AM
Oh, and LOL @ Don! Thats funny! :)

Posted by: Vickie Location: Sylva on Nov 17, 2008 at 08:52 AM
Whether we like it or not,this happens every single day.Teenagers having sex usually don't ask for a valid ID.It was consensual,and I sure the boy did not have a problem with it,just his Mom.What?Should we ID our partners now?How about the one's who have fake Id's? This woman did nothing as a young girl that most have not done or wish that they had of done in High School.

Posted by: Cat Location: Gboro on Nov 17, 2008 at 08:41 AM
Yet you have grown men serving all of 15 month sentences for molesting a child.. That is so stupid. She's paid for her "mistake". I don't call that sexual assault or anything close to it!

Posted by: Barbara Location: Beulaville NC on Nov 17, 2008 at 07:25 AM
Just another fine example of our system. 17 and 15. not 34 and 15. Give the girl a break. We have all made stupid mistakes when we were young. Just as I am sure the DA has. Why don't we start digging into the past of some of these so called officials? I think this is taking it too far. Let the girl live her life,She has admitted to her mistakes. Have you?

Posted by: what? Location: eastern carolina on Nov 17, 2008 at 06:51 AM
this is just the type of stupid reason the sex offender laws need to be tightened up for. the laws are meant to protect the innocent victims of violent crimes, not ruin the lives of people who made stupid mistakes. I hear of cases all the time where a DA adds a sex charge to the offender just so they can get stiffer penalties, because they do not have strong enough cases to begin with, it ruins lives and needs to be stopped! I don't want violent offenders wandering around unaccounted for but people like this girl and so many others who had no crime in mind should not have their lives ruined over stupid mistakes!

Posted by: jr Location: bath on Nov 17, 2008 at 06:34 AM
have we gone completely mad? consensual is consensual, and 15 and 17 are old enough to know what they were doing. i'm glad some of the skeletons in my closet are not aired.

Posted by: Don Location: Washington on Nov 16, 2008 at 10:33 PM
Give me a break! Give her a break! That is just an example of a stupid DA that would take something like that to court... that law should include a stupid clause! I wish a 17 yr old was "servicing" me at 15! I don't think it would have scared me for life or anything. Isn't there better things to worry about then this poor girl?

Posted by: ben Location: here on Nov 16, 2008 at 08:52 PM
see this is crazy. There is hardly any difference between 15 and17.

Posted by: ??? Location: NC on Nov 16, 2008 at 08:48 PM
All I can say is that guy had guts or he was blind. It would be better to be alone.

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