Town Riled By Sexual Assault Case

April 27, 1997
By Jim Chilsen, Associated Press Writer

PORT WASHINGTON, Wis. (AP) -- Kevin Gillson and his 15-year-old girlfriend found themselves in the kind of trouble experienced by thousands of teens -- she was pregnant.

The 18-year-old wanted to take responsibility by marrying her, getting a job and raising their child, expected in early June.

But then police found out and arrested Gillson on a charge of sexual assault, which was later boosted to sexual assault of a child. Since he was convicted, he will have to register as a sex offender and faces a sentence ranging from probation to 40 years in prison.

One tearful juror said she despised her vote to convict the young man, but believed she had no choice under Wisconsin law. Despite assurances from Gillson's girlfriend that the sex was consensual, the longstanding law says no one under the age of 16 can consent to a sexual relationship.

Few of the 10,000 people in this town 30 miles north of Milwaukee side with the district attorney who prosecuted Gillson. "It's pathetic,'' said Penni Feezor, 32, serving burgers, chili and
coffee at a George Webb restaurant. "If he had intentions of doing the right thing, why put him in jail?''

"It takes two people to do it, and he's not the only person who's gotten a 15-year-old pregnant, and I don't think he deserves one year, let alone 40,'' said Cheryl L. Huettl, 37, as she enjoyed a beer at a local bar. "There's not that many guys who are willing to quit school to get a good
job to support their child.''

"I think it's got a lot of people who are dating younger people scared,'' said 15-year-old Annette Moe. "I still don't think you should go to jail or get in trouble for it and I don't think he should be known to his neighbors as a sexual predator. He didn't rape anybody.''

A juror said it wasn't that simple.

"We were led to believe that we only had one choice, the way it was presented to us,'' said juror Holly Sutinen, 39. "We had a copy of the law, and they both said they did it and that was our only choice.''

"My eyes were full of tears, because it's all our kids sitting there,'' Sutinen said.

Ozaukee County District Attorney Sandy Williams won't discuss specifics on the case, saying it would be a violation of ethics. But she said her office tried to negotiate a pretrial resolution and was told Gillson wanted to go to trial. She would not disclose the terms of any proposed deal.

"Does it mean that because he said he's sorry, we're supposed to close our eyes to it?'' asked Williams, who is up for re-election in 1998. Gillson's lawyer, Doug Stansbury, said the negotiations "didn't take us to a point where there was an incentive to settle the case before it went to trial.''

He said they haven't yet discussed the possibility of an appeal of the April 17 conviction.

The Gillson family does not want to talk to reporters until after the sentencing, he said, although Gillson's mother talked earlier to the Milwaukee Journal Sentinel.

"You know, the only thing that hasn't let me down in all this is God,'' Sue Gillson told the newspaper. "I feel there is no God in the system. I just don't trust the system anymore.''

The prosecutor said she would recommend a sentence that does not include jail time. "I can tell you that in cases like this, probation usually occurs, if the person usually takes responsibility for his actions and has minimal contact with the criminal justice system,'' Williams said. In the meantime, Gillson is free on bail pending sentencing June 24, but a condition of his bail is that he not see his girlfriend.

Regardless of the sentence, Gillson must register with police as a convicted sex offender.

The sex offender registry bill wasn't intended to punish people like Gillson, said state Sen. Alberta Darling, who helped write the measure. She wrote to Gov. Tommy Thompson urging a review of sexual assault laws, and the governor's office said last week that Thompson would meet with her.

At least one juror has written a letter to the judge, asking for a lenient sentence. Sutinen and at least one other say they plan to do the same. "This kid told the truth and he was trying to do what was right,'' Sutinen said. "Both of these kids told the truth and now they're getting blasted for it.

"What they did was not right, but it wasn't a crime.''

Milwaukee Journal Sentinel Editorial
April 28, 1997
Feedback: mjsedit@aol.com

Teen sex case cries out for judicial mercy

"'If the law supposes that.' said Mr. Bumble . . . 'the law is a ass -- a idiot.'" -- Oliver Twist

State law says whoever has sexual contact with a child not yet 16 commits a felony and, if the contact happened three times or more, the felony is worse -- that is, Class B, punishable by up to 40 years in prison. But suppose the boy and girl in question are a madly-in-love Romeo and Juliet. The law makes no distinction. In its eyes, a kid in love is the same as a dirty old man. Romeo would be headed for the slammer -- the prospect facing 18-year-old Kevin Gillson of Port Washington, who sought to marry his 15-year-old sweetheart after getting her pregnant.

Then the authorities butted in. A misguided prosecutor charged Gillson to the max. And a jury, feeling it had no choice, convicted reluctantly. What's more, barring some extraordinary intercession, Gillson will evermore be branded a sexual pervert -- barred from holding certain jobs
and required to register with the authorities where he lives.

That his conviction is a miscarriage of justice is obvious, but nobody has quite figured out how to wrest the controls of this train from District Attorney Sandy Williams. Yes, Gillson should have refrained from sex. But he by no means deserves the fate that has befallen him.

What's more, Gillson tried to do the right thing -- getting a job so his baby wouldn't go on welfare, and seeking to marry the mother. And he's been open with the authorities. Had he been more secretive, he might not be in so much trouble. The authorities used his own words to convict him.
This case highlights a flaw in the state law dealing with sexual assault of a child. The statute rightly assumes that consent shouldn't matter for children under a certain age because they simply are not mature enough to give it.

But the law fails to take into account this type of case, where the two people engaging in sex are of similar age. So long as a minor is involved, the other party can face a charge of sexual assault.
Compounding this flaw are sexual predator and notification laws that turn out to apply not only to the real rapists whom the Legislature had in mind, but to the likes of Gillson.

Obviously, Madison lawmakers must clean up this legal swamp so that it won't snare other teenagers in love. Meanwhile, Gillson merits mercy at his sentencing on June 24.

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