5-19-2011 National:
The ranks of the registry just keep getting larger. But experts say there are many on the list who pose no danger. Shouldn't we focus on those who do?
We're pretty good at punishing people who are caught and convicted of sexual abuse. We're not so good at stopping the abuse in the first place, especially when children are involved. After all these years of open discussion about this scourge why is it still so prevalent?
Because, we keep attacking the problem the same old way.
A new project from the Association for the Treatment of Sexual Abusers, funded by the Ms. (magazine) Foundation, concludes it is time for us to adjust our collective thinking about sex offenders.
Perhaps the A.T.S.A.'s most important conclusion is that media coverage of abuse "monsters" has warped our sense of who they really are. Television news, movies and books mainly focus on the most extreme "stranger danger" cases, those in which a child is kidnapped, sexually assaulted and murdered.
In reality, the sexual abuse of kids doesn't usually come from outside their circle and murder is extremely rare. Most often the perpetrator is a relative, a family friend or a trusted authority figure. But if a parent is intent on looking for a "monster" it's easy for them to overlook warning signs from those closest to the family.
Another important conclusion? Too often we lump all abusers into one category and label them "sex offenders" or "sexual predators." Not good and not smart.
A serial pedophile is quite different from a teenage boy caught with his underage girlfriend and reported to police by angry parents. Some jurisdictions view an errant nude sunbather or a drunk who exposes himself to urinate in the street as a sex offender. And then, there is the category of children with deeply rooted sexual behavior problems. All have to be handled differently.
It doesn't keep the community safe when we brand all of these diverse types with the same scarlet letter and make them all become registrants of an official, ever-growing and very public National Sex Registry. Too often that's exactly what happens.
The just released project paper from the A.T.S.A. calculates that in 2007 and 2008 alone, "More than 1500 sex offender related-bills were proposed in state legislatures and over 275 new laws were enacted." Generally, they did two things: Increased incarceration time and put in place intricate (and costly) monitoring systems and restrictions on where the released offender is allowed to work, live and interact within a community once released back into society.
After the convict does his or her time and returns to life on the outside it's as if the deck is forever stacked against them. What chance do they have to succeed if the stigma of being a registered sex offender keeps them from getting a well paying job or finding a place to live that is the mandated distance away from a school or public park? Even trying to join a church is tricky for them. If there is a Sunday school for youngsters on the property many states do not allow the convict to attend services there.
Everything they do for the rest of their lives will be viewed through the lens of their label: Sex Offender.
But, wait a minute, you say, "Once a sex offender always a sex offender, right?" Not necessarily.
Don't mistake what I write here as being soft on sexual criminals. I am not. In fact, I believe there are career pedophiles that should never -- ever -- get out of prison. But the latest Department of Justice statistics peg the likelihood of a child molester repeating their crime after they've done their time at just 5.3 percent. And, the DOJ study concludes that of the 5.3 percent who do re-offend 40% commit another sex crime within a year or less. In other words, that first year back on the outside is a crucial time for them -- they either assimilate or they don't.
The way these offenders are treated -- their isolation and loneliness -- often causes their closest family members to retreat in shame as well. It has been well documented that relatives of the abusers often struggle with the disgrace and stress that comes with having someone close to them convicted as a sex offender. It's too bad that our societal Scarlet Letter brands them as well because family could be our first line of support to help keep the ex-con from re-offending.
I propose we all take a deep breath and stop adding new laws until we can figure out a better way to attack the problem.
First, forget the one-size-fits all category of "sex offender." Let's identify all the varieties of offenders and determine what their range of punishments should be. And, as for our National Sex Offenders Registry? Let's not make the teenaged Romeo carry the stigma around for the rest of his life and let's give those who have gone on to live law abiding lives for a set number of years the hope -- the goal -- of getting their names expunged.
We need to start thinking differently about how we define and tackle this problem. We're smart. We can do better. ..Source.. by Diane Dimond may be reached through her web site at www.DianeDimond.com Her latest book is "Cirque Du Salahi" the inside story of how the so-called White House gate crashers story came to be.
May 19, 2011
Our Bloated National Sex Registry
April 9, 2011
Appeals Court Says "John Doe" Of Hamilton County Must Register As Sex Offender
4-9-2011 Tennessee:
The Tennessee Court of Appeals has upheld a decision of Chancellor Frank Brown who ruled that a Chattanooga businessman must register as a sex offender, though his attorney said he has not been in trouble since moving here in 1989.
Attorney Jerry Summers said his offenses occurred in other states prior to the passage of the Tennessee statute requiring registration.
Chancellor Brown, in a 32-page opinion, said the man identified thus far only as "John Doe" must register as a sex offender within 15 days unless an appeal was filed. His attorney, Jerry Summers, did file the appeal to the Tennessee Court of Appeals.
The appeals court, in an 18-page ruling, said, "Mr. Doe has failed to show, based on the intent-effect test, that the registration act, as applied to him, is in violation of the ex post facto provisions of the Tennessee Constitution."
It says the courts "have overwhelmingly viewed sexual offender registy statutes as non-punitive."
The opinion by Chancellor Brown said the man was convicted of gross sexual imposition in 1983 and served three years in prison in Ohio.
At the time he moved to Chattanooga, there was no requirement that he register as a sex offender.
The opinion says, "Since 1989, Mr. Doe has not been charged with or committed any sexual offense. He has established a business and been a productive member of society."
However, he received a letter from county detective Jimmy Clift at the end of March 2010 directing him to sign up on the sexual offender registry.
The opinion says the defendant "looks at the sexual registry as punitive and claims that one cannot be punished now in a new manner for something that was not punishable in that matter when the crime was committed."
It says two states have upheld that argument, but Tennessee has not.
Chancellor Brown said, "This court of equity must follow the law. Despite understanding and acknowledging Mr. Doe's angst that he faces registration and would be required to perform certain activities now that were not required in 1983, this trial court must follow the law.
"There is a presumption that laws enacted by the General Assembly are constitutional. The appellate authority cited above is that the Act and Amendments to the Act are constitutional. The Act is regulatory and not punitive. The Act is based upon public policy and safety of the public."
He added, "The Tennessee appellate decisions have upheld the registration requirements. Thus, it certainly appears that Mr. Doe must register as an offender. At least, he must go through the TBI to determine if he must register. If he fails to do so, then his failure to register can be a separate criminal offense." ..Source.. by The Chattanoogan.com
December 6, 2010
Sex offender registry: The result of legislative predator hysteria
12-6-2010 Virginia:
In May 2007, my husband and I were asked to assist an acquaintance in putting down a 14-year-old dog because the owner was not strong enough to do so on her own. As we own several dogs and cannot bear to see an animal suffer, we agreed.
The teenaged daughter of the dog's owner witnessed this discussion and protested the plan vehemently. One week later, the day before the planned euthanasia, a county police officer and an investigator stood on my front porch. The investigator who whisked my husband of 15 years into his vehicle told him that the girl had accused him of touching her.
My husband was never alone with the girl. He is a moral and truthful man. We were shocked by this claim but certain that nothing could or would come of it. Unfortunately, we were wrong.
What began as an innocent conversation with a neighbor became our never-ending horror story. In the 3-1/2 years since, we've been fighting a legal system that, without notice, has curtailed our ability to travel, to obtain life insurance, even to petition for redress.
My husband was charged with aggravated sexual battery. Attorneys told us police needed no corroboration for the charge; the accusation alone was sufficient, and jail time, at least in our county, was expected.
We hired a private investigator, who uncovered many pieces of evidence that proved the accuser wrong. But in a criminal trial with a minor, it's all inadmissible.
In the first preliminary hearing in early autumn of 2007 - four months after the accusation - neither the accuser nor her mother showed up. The prosecutor claimed the girl hadn't even been interviewed.
At the second preliminary hearing six weeks later, our lawyer advised us to take the plea the county offered, even though we'd told him that we would not plead guilty under any circumstances. The county was willing to drop one felony and reduce the other to a misdemeanor. But my husband would have to plead guilty and would become a registered sex offender.
He refused; he would not plead guilty to something that never occurred.
Then the lawyer said the county would accept a no-contest plea, but that my husband would still be a registered sex offender for at least 10 years and possibly for the rest of his life. If he didn't take it, a court date would be set in five to six months, and some jail time would be expected.
We were given five minutes to decide. My husband pleaded no contest. He's now a registered sex offender.
It still boggles the mind that the county was ready to schedule a trial in which he would be facing life in prison plus 20 years but then offered a plea in which the punishment consisted of being listed on the sex offender registry. If the county thought he was guilty and should go to prison for life, why would this deal be acceptable?
As an aside, one of the unknown consequences of the plea agreement is that you cannot buy life insurance while on probation. We discovered this during a routine upgrade of our insurance policy.
In February 2008, the Virginia State Trooper Sex Offender Task Force visited to verify that my husband lived at our address.
Three months later, the probation officer and the court-appointed therapist determined my husband was no threat to the community and closed his case. We seriously considered moving to Canada but discovered that Canada will not allow anyone with a conviction to become a citizen.
In September 2008 I learned of a pending bill in Congress, the International Megan's Law, which would require all registered sex offenders to request permission if they wanted to leave the United States, whether for vacation or business.
The next month the Virginia State Trooper Sex Offender Task Force member assigned to my husband advised him that a sample of his DNA is required before he re-registered, even though he is classified as a non-violent offender and his DNA had not been required when he was convicted.
We learned that in January, the Virginia General Assembly had passed a law to collect the DNA of all registered sex offenders. Lawmakers also increased the minimum time on the Virginia Sex Offender Registry from 10 to 15 years.
No one advised us of these bills. In fact, failure to register increased to a Class 6 felony, but my husband was never notified, and it was not posted on the Virginia State Police website.
We feel constantly under assault, and our plight is no doubt shared by thousands who have done no wrong but yet have been convicted with unjust laws passed under the guise of protecting children.
The sex offender registry, which set out to name the people who pose a true threat to society, instead has become a useless list of those who have been arbitrarily swept up in this legislative predator hysteria.
To fight for changes, my husband and I have formed Reform Sex Offender Laws of Virginia.
As of May, the 17-year-old deaf, frail, ignored dog was still alive, denied a death that would've been humane. My husband and I have not been so lucky.
But until the names of those who do not belong on the registries are removed, until they have a chance to live a safe and productive life - and until the only people confined under civil, not criminal, procedures are the most heinous, repeat and untreatable offenders - we will speak out. ..Source.. by Mary Devoy
