Female Sex Offender In Georgia Ordered To Move

By: Courtesy Katie Beasley - wrdw.com
By: Courtesy Katie Beasley - wrdw.com

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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  • by Franky Location: New York on Jul 10, 2009 at 09:34 PM
    That great people like her dont even need to be living. the men and now the women
  • by ReligiousZombie Location: Espanola on Dec 11, 2008 at 06:15 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.
  • by Dwayne Location: Greenville on Nov 26, 2008 at 11:59 AM
    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.
  • by Cat Location: Gboro on Nov 25, 2008 at 05:36 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.
  • by Ted Location: Greenville on Nov 24, 2008 at 10:01 AM
    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.
  • by Susan Fox Location: USA on Nov 19, 2008 at 05:05 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).
  • by Rich Location: Greenville, NC on Nov 19, 2008 at 06:04 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.
  • by Anonymous on Nov 18, 2008 at 11:19 AM
    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.
  • by Garth Location: Wayne's World on Nov 17, 2008 at 11:20 PM
    Question... Who was there first, her or the daycare?
  • by Ted Location: Greenville on Nov 17, 2008 at 01:37 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.
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