Monday, March 15, 2010
News From Great Britian
Wednesday 3 March 2010 The paedophile panic: a product of elite hysteria
The government’s sex offenders disclosure scheme should remind us that it isn’t ‘the mob’ who are obsessed with paedos (not a misspelling but the way they spell it in the UK).
Tim Black
And so the British authorities’ sick obsession with child sex abuse continues.
After a year-long pilot in Warwickshire, Stockton-on-Tees and parts of Cambridgeshire, the UK Home Office’s sex offender disclosure scheme is set to go nationwide. What this means is that parents will be able to get information from the police about anyone who has access to their children. In short, they can check whether that person is a threat to their child – that is, whether they are a paeodophile. A kindly neighbour offering sweets, the guy who plays football with the kids at the local park, the woman at the nearby newsagents… it’s official: all can now be legitimately viewed as potential threats to YOUR children.
For deathly-looking home secretary Alan Johnson the rolling out of the sex offender disclosure scheme was akin to the launch of a new fleet of luxury, ocean-going ships: ‘The UK already has one of the most robust systems in the world for the management of sex offenders’, he announced yesterday, with barely concealed pride. ‘We’ve already seen that children are better protected and sex offenders more effectively managed because of this scheme, which is why it is rolling out nationwide.’
Yet despite the rhetorical appeal to ‘protection’ or ‘safety’, these kinds of measures do not reassure people. In fact, they do precisely the opposite: they encourage fear and foster suspicion. They suggest that if people aren’t worried about the lolly-pop man, or the neighbour offering to run the kids to school, they ought to be. To not fear, to not suspect other adults, is subtly transformed from being a recognition of commonality and basic human solidarity into an abrogation of parental responsibility.
Not that we should be surprised by the Home Office’s willingness to inculcate and institutionalise fear and suspicion. The paedophile panic, right from its emergence in its current form during the 1980s, was always an elite panic, a hysteria endorsed and exacerbated by – in no particular order – government officials, police officers, social workers, left-wing activists, children’s charities and both the broadsheet and tabloid press. The obsession with child sex abuse was not, as we are sometimes led to believe, a popular phenomenon: it did not arise in the depths of the social world, it trickled down from the top.
After all, as Brendan O’Neill wrote four years ago, it wasn’t the mob who, in the 1980s, rounded up adults in Cleveland, believing them to be practising ritual Satanic abuse of children. That was the act of social workers. And it wasn’t a paedo-suspecting mass who spent time churning out verbiage on the supposed existence of Satanic and witchcraft sects. That was the work of Marxism Today.
During the 1990s the same pattern of elite-sponsored fear and the subsequent issuing of false accusations was all too apparent. And again, it wasn’t local communities coming together to unmask the paedophiles at nearby children’s homes, such as Bryn Estyn in North Wales – it was an unholy alliance of purpose-seekers, from the police to left-leaning journalists. Dave Jones, then the manager of Southampton Football Club, was only the most famous casualty of these witch-hunts; the lives of many more innocent, well-intentioned care workers were also tainted with the nasty, grubby suspicions of officials and journalists.
However, these wrong-headed, pernicious pursuits of fantasy child sex abusers did nothing to dampen the ardour of the paedophile-obsessed. In the UK, we now have that unwieldy testament to elite suspicion, the Sex Offenders Register, a document that defies both natural justice, inasmuch as punishment is lifelong, and common sense, given the sheer range of offenders listed. And since 2006, any adult who works with children, anywhere from schools to youth clubs, now has to be vetted. Thanks to the Home Office, and the army of campaign groups such as the NSPCC, suspecting another adult of being a paedophile is not exceptional – it is routine.
The fact that even the popular face of the campaign behind the sex offender disclosure scheme, Sara Payne (the mother of Sarah Payne, the young girl killed in 2001 by a convicted paedophile), was chosen by the government as its official Victim Champion, illustrates the elite origins of this sorry fascination with child sex abuse. It must be galling for the Home Office, then, that despite the formalisation of suspicion and fear, despite the almost-weekly press releases by those scaremongers-in-chief at the NSPCC, so few people actually bothered to take advantage of the sex offender disclosure scheme during its trial. In fact, there were only 315 applications over a whole year, a figure so low that even the Home Office wondered whether the scheme was worth it.
The Home Office, campaign groups, charities, tabloids and broadsheets seem oblivious to the fact that their attempts to ‘protect children’ not only have a limited effect – they also corrode adult relationships. One does not just suspect the dodgy-looking fella at the park; one is encouraged to suspect neighbours and even friends. These measures undermine trust. Trusting another adult, whether the neighbour with the sweets or the guy at the park, is not something that can be guaranteed by an official intermediary, police or otherwise. It relies, rather, on assuming that other adults are like oneself and will behave likewise. And given that almost all of us are not interested in sexually abusing children, why should we constantly suspect others?
Tim Black is senior writer at spiked.
Monday, March 1, 2010
One Family's Story
My husband was 18 when he had consensual sex with a 17 year old at a campus party that was at his dorm. The 17 year old said that she went to the college, but in fact she was in highschool. While at the campus party there was booze and the two had some drinks and eventually had sex. The party got raided because, one it was in a dorm and involved several rooms, and two there was alcohol present. When the police showed up, they were searching for the person responsible for providing alcohol for minors. All ID's were being checked. While my husband and the female were sleeping in one of the rooms, the police showed up and asked for their ID's. When it was discovered that the female was 17 and that they were having drinks, the state picked up the case for having sex with a minor. She did not want to press charges because she admitted to drinking and having sex. But, since it was against the law the case was picked up by the state and my husband got convicted for five years probation, commuinty service and 5 years registration. After three years, they passed the new sex offender laws ( The Adam Walsh Act) and he was grandfathered onto the registry for life. It has been almost 15 years later and he is still paying for his crime. We have been married for 14 years and have three children. He is not allowed to have lunch with them unless they are moved to a secluded room and monitored by administration. In some states where we have moved to, they required community notification and had residency restriction laws. These Laws cause humiliation and others then pass judgments on him and us as his family. He has had to turn down jobs because of theresidency restriction laws and we have had to "settle" for neighborhoods that are not near any school or daycare. I do not have the priviledge of choosing where I want to live, so that we live in a great neighborhood or one that allows my kids to go to a good school. These laws violate the Universal Declaration of Human Rights put forth by the United Nations. They don't differentiate betwwen dangerous and non-dagerous former sex offenders. We deserve to be allowed the chance to provide the best lifestlye we can, like any other family is able to do. It is time to reform these laws so that it only reflects those who are dangerous, not to the many who have no earthly desire to rape or molest a child. I can assure you my husband is not looking for his next victim, he just wants to get on with his life with his family at his side.
Monday, October 5, 2009
When Adults Fail Children—For Life
Brody's Scribbles... A Guest Editorial from Dr. Marty Klein
article linkWhen Adults Fail Children—For Life
Saturday, September 19, 2009
Article mentions Shirley Turner whose son was slain by a vigilante
From The Times
A sad lesson in ‘know thy neighbor’
Megan’s Law did not protect Jaycee Dugard. It helped create ghettos of abuse – and would do
Link hereShirley Turner’s son was not a child rapist. He was a teenage boy madly in love with his girlfriend and three weeks before her 16th birthday they could wait no longer and made love in her bedroom while her parents were out at the movies. When her father returned and discovered them, he reported William to the police. He was charged with statutory rape, convicted, sent to jail and on his release his name was added to the sex offenders register under the version of Megan’s Law applied in his home state of Maine.
Shirley Turner’s stepfather, Brian, was a child rapist. He raped her at the age of 5. As Shirley approached her teens, her mother grew jealous of her husband’s apparent “preference” for her daughter. When she was 15, Brian took off, dragging Shirley with him and forcing her into marriage. William was her only child, fathered by her rapist.
When Stephen Marshall, a vigilante, started surfing Maine’s sex offenders register for child molesters to kill, it was William’s name he found, not Brian’s. Brian was never registered because Shirley never reported the crimes of the stepfather who became her husband. William is now dead, along with a more conventionally guilty paedophile in his town, both shot by Marshall. Brian is in jail, to Shirley’s relief, not for sex offences, but for attempting to murder her when she finally fled.
This was the tortured narrative I came across in Milo, northern Maine, in 2006, while looking for evidence of whether or not Megan’s Law worked. Shirley, a haunted shadow of a woman, wept warm tears on me as she told of the loss of her beloved son. She was one of the few people I connected with in this unsettling backwater where jaunty Stars and Stripes flying from clapboard houses disguised an underside of pure American Gothic.
I thought of Milo this week reading the latest soul-polluting details of the Jaycee Dugard case in Antioch, California, a place where the local Megan’s Law register recorded more than 100 registered sex offenders living in Phillip Garrido’s Zip code. In the small town of Milo, there were 42.
Jennifer Kale, the young mother who lived next door to Marshall’s second victim, had no idea she had a sex offender for a neighbour, despite having checked the register. She didn’t recognise the mug shot because she had never met him. “When I was little there was always some weird guy that your parents said to stay away from,” she said.
“You sort of knew. But it’s different now. Then you knew everyone but that’s all changed. You don’t know anyone anymore.”
Milo owes a number of its sex offenders to the introduction of Megan’s Law in neighbouring Massachusetts in 1999, three years before it was adopted in Maine. To escape registration there, many decamped north to Maine. Now Megan’s Law has been enacted across the United States, the migration has not stopped. Campaigners against the law argue it has driven many offenders underground or into hiding in plain sight; permanently transient to avoid registration or transplanting to neighbourhoods of the criminal underclasses where everyone minds their own business.
Garrido’s is such a neighbourhood, it is now emerging, where his neighbours built crack dens in their backyards and ignored the voices of children from the home of a man registered as a sex offender. Even there he was known as “Creepy Phil”. Megan’s Law did not exist when Jaycee was snatched but it would not have saved her. The Garridos travelled 150 miles to snatch her from her local bus stop. No internet search could have predicted that. Only one person ever reported the presence of children to the police, despite most neighbours admitting they knew that children lived there and that Garrido was on the register.
Every time a horrific child sex crime takes place in Britain, voices are raised in support of our own Megan’s Law. And yet there is no evidence that such a law has done anything to lower the level of child abuse. A 2008 federal-funded survey conducted in New Jersey, where Megan’s Law originated, concluded it had done nothing to deter the repeat offenders it is designed to target. It only made them easier to track down when they had reoffended.
Megan’s mother still defends the law named for her murdered daughter, saying she never intended it to deter offenders, only to “raise awareness”. But a register is a knee- jerk response to the cry of “something must be done,” and that done, we are all too happy to do nothing more. If a sex offender lives on our street, Megan’s Law gives us the means to hound them out to somewhere else — where they can prey on someone else’s kids.
If it corrals them into ghettos to escape us, so much the better. At least it keeps them off our street. Job done, there is no need for us to look out for the other children in our “community” or bother to check why someone else’s young girls are playing in the creepy man’s yard.
Meanwhile, most of the abuse goes on where it always has: in homes like Shirley Turner’s, where neighbours fear to tread. Megan’s Law satisfies our desire to do something, and fast. And it saves us from facing the awful truth that we don’t know who our neighbours are, and as long as they don’t bother us, most of us don’t care.
Catherine Philp is diplomatic correspondent of The Times
Thursday, September 10, 2009
CFC Maine mentioned in article
State law set to change city's sex offender ordinance
http://www.keepmecurrent.com/american_journal/news/article_e2946838-9e46-11de-8b21-001cc4c002e0.htmlPlease feel free to leave comments
Posted: Thursday, September 10, 2009 3:20 pm | Updated: 5:16 pm, Thu Sep 10, 2009.
Westbrook police Detective Dan Violette says there's a reason the number of sex offenders living and working in the city hasn't changed much in the past two years.
Since the City Council adopted one of the strictest ordinances in the state prohibiting registered sex offenders from living or working in most of the city, Violette has had to force people out of their new apartments and make them quit their jobs.
According to the detective, who said he spends about 25 percent of his work week keeping track of sex offenders in the city, about 37 registered sex offenders live in Westbrook and an additional 16 work there.
"The number hasn't fluctuated very much," Violette said.
But that could change when a new state law goes into effect Saturday, nullifying Westbrook's ordinance.
The City Council will vote Monday on whether to adopt the state's new maximum allowable restrictions on where sex offenders can live. If passed, the 2,500-foot buffer zones around all places children frequent will be replaced with 750-foot restricted areas just around schools. And that only covers residency. The state law says that towns and cities cannot restrict where sex offenders can work.
In a gesture showing their disapproval of the state law, Gorham town councilors last week refused to change the town's restrictive ordinance in order to comply. However, it's still in question what the town's police department will be able to enforce once the law goes into effect.
Though Violette said he'll still spend the same amount of time monitoring sex offenders in the city and notifying neighbors and employers of their whereabouts, the state law takes away some of his authority over sex offenders and a safeguard for Westbrook children.
"It's given me more tools to help make sure sex offenders were in compliance," he said about the old law.
DRAWN TO WESTBROOK
There are no demographics that encompass all sex offenders, Violette said, but because a lot of employers don't want to hire registered sex offenders, many, regardless of their backgrounds and skills, don't have steady sources of income.
"You're a convicted felon. That makes you ineligible to work in a lot of places," Violette said.
Because of that, he believes the amount of low-income housing in Westbrook draws more sex offenders. Though Portland is probably the most attractive city in the area for jobless sex offenders because of its shelters and support services, he said, "we're ripe for the picking as far as increasing our numbers."
However, some say that keeping people out of jobs and homes because of their sex offender status is unconstitutional.
Jane Cantral, who runs Maine Citizens for Change - a local affiliate of the national group Reform Sex Offender Laws - said she and her boyfriend Calvin Shelton, a registered sex offender, didn't have an easy time finding a home in this area of the state.
"We're trying to buy a house and we're looking at maps," said Cantral, a Bridgton resident who was herself the victim of a sex offender.
"It sounds good as a knee-jerk reaction, but if you really thought about it, how much sense does it make?" Cantral said.
She pointed to the fact that students are not in school at night, when most sex offenders are in their homes. She also noted that kids are better looked after in schools and day cares than they are the rest of the day.
"I don't think residency restrictions are needed at all," she said.
Cantral hopes that more efforts will be made on educating parents and children and treating sex offenders rather than on making local or state laws that she believes are ineffective.
IS LESS MORE?
But success is measured in different ways when it comes to sex offender laws.
Violette said he scans the state's sex offender registry about once a week to see if there are any new registered sex offenders living or working in Westbrook. During the past two years, he said, he's had to ask about a dozen people to leave their jobs, usually because of their proximity to day cares. Though he's gotten mixed reactions from employers - some thank Violette for making them aware of the charges, others would rather to keep the workers regardless of them - the sex offenders themselves tend to comply quickly.
"Almost every time, they quit right way," he said.
Other than the case of one registered sex offender Violette had to repeatedly chase out of a Spring Street apartment, he said the same willingness to obey the ordinance was true of sex offenders trying to move to the city. He said he's had to turn down about five or six sex offenders who tried to move into restricted areas of the city from out of town and another half-dozen who wanted to move within Westbrook.
Overall, Violette estimated that about 20 additional sex offenders would be living or working in the city today if it weren't for the ordinance.
"It was working," he said.
PEACE OF MIND
One woman who was an outspoken advocate of the Westbrook ordinance when it was adopted said she plans to speak up again at the council meeting Monday.
Jen Wescott, who has two family members that were sex crime victims, said even with the ordinance in place, as a mother and a day care owner, she's on constant alert, keeping an eye on who's around. The city's law offered extra protection.
"It gives you a little more sense of security," Wescott said.
But creating a false sense of security is one of the arguments opponents have against residency restrictions.
"They have a tendency to drive offenders underground," Sen. Anne Haskell, D-Portland, who sponsored the bill, said in June, when the law was passed. "Then you don't know where they are, which is a more dangerous situation."
Those who support less-stringent residency resrictions say the vast majority of sex crimes are committed by people known to the victims - which was the case with Wescott's family members and with Cantral, as well.
While Cantral argues that over-reaching restrictions violate the rights of former criminals who have paid their debts to society, Wescott and Violette both believe that additional protection against sex offenders can only help to keep kids safer.
"Any buffer you put between a sex offender and our vulnerable children, I think that's a good thing," Violette said.
Tuesday, September 8, 2009
Sunday, September 6, 2009
CFC Maine Meets
Saturday, August 8, 2009
Burn Your “Sex Offender” Map
Burn Your “Sex Offender” Map
Read here on the Free range Kids BlogOkay, here is some weekend reading to sink your teeth into. It’s an article from the Economist:
“Unjust and Ineffective: America has pioneered the harsh punishment of sex offdenders. Does It Work?”
The short answer is “No.” We are putting people on sex offender registries who do not belong there at all. People who peed in public. Streakers. Johns. Teenagers who had consensual sex. The registry does not discriminate between violet pedophiles and once-horny young folk who are now 30-year-old housewives, like one of the people profiled in the piece. Wendy Whitaker was 17 when she had sex (at school — dumb!) with her underage-by-three weeks boyfriend. She was arrested for it and her lawyer told her to plead guilty to get it over with. She did. But it was never over.
One of the plea bargain conditions was that she check in regularly with her probation officer. When she didn’t, she was thrown in jail for more than a year. She finished probation in 2002 but she’s still on a public registry that does not exmpain what she did. So, as notes the article, “it looks like she did something terrible to a helpless child.”
In all, according to the Economist, about 5% of the people on the sex offender registries pose a serious risk to children. Usually, when not in jail, these people end up wearing ankle bracelets. But when you pull up one of those Sex Offender Maps — really easy to do on the Web (and now on the iPhone!)– it looks like wherever you turn, there’s another child rapist. Which, of course, leads to more fear on the part of parents. That is understable. Our pig-headed insistence on lumping everyone together on these lists and never taking them off is not. Especially because — get this: “Registering sex offenders and warning their neighbors cost millions & had no effect on the number of sex crimes.”
No effect. One more quote from The Economist, which says that the sex offender laws, “get harsher and harsher. But that does not necessarily mean they get better. If there are thousands of offenders on a registry, it is harder to keep track of the most dangerous ones. Budgets are tight. Georgia’s sheriffs complain that they have been given no extra money or manpower to help them keep the huge and swelling sex-offenders’ registry up to date or to police its confusing mass of rules. Terry Norris of the Georgia Sheriffs’ Association cites a man who was convicted of statutory rape two decades ago for having consensual sex with his high-school sweetheart, to whom he is now married…. “We spend the same amount of time on that guy as on someone who’s done something heinous.’”
From a Free-Range standpoint, it is appalling that these sex offender registries make it seem as if children are unsafe on any street. From a humanitarian viewpoint, it is appalling to think of our government is not ready to revamp the whole thing. Kids — and grown ups caught peeing in public — would all be safer. — Lenore
Friday, August 7, 2009
America's unjust sex laws
America's unjust sex laws
From The Economist print edition
An ever harsher approach is doing more harm than good, but it is being copied around the world
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IT IS an oft-told story, but it does not get any less horrific on repetition. Fifteen years ago, a paedophile enticed seven-year-old Megan Kanka into his home in New Jersey by offering to show her a puppy. He then raped her, killed her and dumped her body in a nearby park. The murderer, who had recently moved into the house across the street from his victim, had twice before been convicted of sexually assaulting a child. Yet Megan’s parents had no idea of this. Had they known he was a sex offender, they would have told their daughter to stay away from him.
In their grief, the parents started a petition, demanding that families should be told if a sexual predator moves nearby. Hundreds of thousands signed it. In no time at all, lawmakers in New Jersey granted their wish. And before long, “Megan’s laws” had spread to every American state.
America’s sex-offender laws are the strictest of any rich democracy. Convicted rapists and child-molesters are given long prison sentences. When released, they are put on sex-offender registries. In most states this means that their names, photographs and addresses are published online, so that fearful parents can check whether a child-molester lives nearby. Under the Adam Walsh Act of 2006, another law named after a murdered child, all states will soon be obliged to make their sex-offender registries public. Such rules are extremely popular. Most parents will support any law that promises to keep their children safe. Other countries are following America’s example, either importing Megan’s laws or increasing penalties: after two little girls were murdered by a school caretaker, Britain has imposed multiple conditions on who can visit schools.
Which makes it all the more important to ask whether America’s approach is the right one. In fact its sex-offender laws have grown self-defeatingly harsh (see article). They have been driven by a ratchet effect. Individual American politicians have great latitude to propose new laws. Stricter curbs on paedophiles win votes. And to sound severe, such curbs must be stronger than the laws in place, which in turn were proposed by politicians who wished to appear tough themselves. Few politicians dare to vote against such laws, because if they do, the attack ads practically write themselves.
In all, 674,000 Americans are on sex-offender registries—more than the population of Vermont, North Dakota or Wyoming. The number keeps growing partly because in several states registration is for life and partly because registries are not confined to the sort of murderer who ensnared Megan Kanka. According to Human Rights Watch, at least five states require registration for people who visit prostitutes, 29 require it for consensual sex between young teenagers and 32 require it for indecent exposure. Some prosecutors are now stretching the definition of “distributing child pornography” to include teens who text half-naked photos of themselves to their friends.
How dangerous are the people on the registries? A state review of one sample in Georgia found that two-thirds of them posed little risk. For example, Janet Allison was found guilty of being “party to the crime of child molestation” because she let her 15-year-old daughter have sex with a boyfriend. The young couple later married. But Ms Allison will spend the rest of her life publicly branded as a sex offender.
Several other countries have sex-offender registries, but these are typically held by the police and are hard to view. In America it takes only seconds to find out about a sex offender: some states have a “click to print” icon on their websites so that concerned citizens can put up posters with the offender’s mugshot on trees near his home. Small wonder most sex offenders report being harassed. A few have been murdered. Many are fired because someone at work has Googled them.
Registration is often just the start. Sometimes sex offenders are barred from living near places where children congregate. In Georgia no sex offender may live or work within 1,000 feet (300 metres) of a school, church, park, skating rink or swimming pool. In Miami an exclusion zone of 2,500 feet has helped create a camp of homeless offenders under a bridge.
There are three main arguments for reform. First, it is unfair to impose harsh penalties for small offences. Perhaps a third of American teenagers have sex before they are legally allowed to, and a staggering number have shared revealing photographs with each other. This is unwise, but hardly a reason for the law to ruin their lives. Second, America’s sex laws often punish not only the offender, but also his family. If a man who once slept with his 15-year-old girlfriend is barred for ever from taking his own children to a playground, those children suffer.
Third, harsh laws often do little to protect the innocent. The police complain that having so many petty sex offenders on registries makes it hard to keep track of the truly dangerous ones. Cash that might be spent on treating sex offenders—which sometimes works—is spent on huge indiscriminate registries. Public registers drive serious offenders underground, which makes them harder to track and more likely to reoffend. And registers give parents a false sense of security: most sex offenders are never even reported, let alone convicted.
It would not be hard to redesign America’s sex laws. Instead of lumping all sex offenders together on the same list for life, states should assess each person individually and include only real threats. Instead of posting everything on the internet, names could be held by the police, who would share them only with those, such as a school, who need to know. Laws that bar sex offenders from living in so many places should be repealed, because there is no evidence that they protect anyone: a predator can always travel. The money that a repeal saves could help pay for monitoring compulsive molesters more intrusively—through ankle bracelets and the like.
In America it may take years to unpick this. However practical and just the case for reform, it must overcome political cowardice, the tabloid media and parents’ understandable fears. Other countries, though, have no excuse for committing the same error. Sensible sex laws are better than vengeful ones.
| Copyright © 2009 The Economist Newspaper and The Economist Group. All rights reserved. |
Unjust and ineffective
From The Economist print edition
America has pioneered the harsh punishment of sex offenders. Does it work?
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ONE day in 1996 the lights went off in a classroom in Georgia so that the students could watch a video. Wendy Whitaker, a 17-year-old pupil at the time, was sitting near the back. The boy next to her suggested that, since it was dark, she could perform oral sex on him without anyone noticing. She obliged. And that single teenage fumble wrecked her life.
Her classmate was three weeks shy of his 16th birthday. That made Ms Whitaker a criminal. She was arrested and charged with sodomy, which in Georgia can refer to oral sex. She met her court-appointed lawyer five minutes before the hearing. He told her to plead guilty. She did not really understand what was going on, so she did as she was told.
She was sentenced to five years on probation. Not being the most organised of people, she failed to meet all the conditions, such as checking in regularly with her probation officer. For a series of technical violations, she was incarcerated for more than a year, in the county jail, the state women’s prison and a boot camp. “I was in there with people who killed people. It’s crazy,” she says.
She finished her probation in 2002. But her ordeal continues. Georgia puts sex offenders on a public registry. Ms Whitaker’s name, photograph and address are easily accessible online, along with the information that she was convicted of “sodomy”. The website does not explain what she actually did. But since it describes itself as a list of people who have “been convicted of a criminal offence against a victim who is a minor or any dangerous sexual offense”, it makes it sound as if she did something terrible to a helpless child. She sees people whispering, and parents pulling their children indoors when she walks by.
The registry is a gold mine for lazy journalists. A local television station featured Ms Whitaker in a spot on local sex offenders, broadcasting a helpful map showing where she lives but leaving the specifics of the crime to each viewer’s fearful imagination. “My husband’s family saw me on TV,” she says. “That’s embarrassing.”
What Ms Whitaker did is no longer a crime in Georgia. The state’s sodomy laws, which in 1996 barred oral sex even between willing spouses, were struck down by court rulings in 1998 and 2003. And since 2006, thanks to a “Romeo and Juliet” clause in a sex-crimes law, consensual sex between two teenagers has been a misdemeanour, not a crime, if one partner is underage but no more than four years younger than the other.
The Romeo and Juliet clause was not retroactive, however, so Ms Whitaker is stuck on the register, and subject to extraordinary restrictions. Registered sex offenders in Georgia are barred from living within 1,000 feet of anywhere children may congregate, such as a school, a park, a library, or a swimming pool. They are also banned from working within 1,000 feet of a school or a child-care centre. Since the church at the end of Ms Whitaker’s street houses a child-care centre, she was evicted from her home. Her husband, who worked for the county dog-catching department, moved with her, lost his job and with it their health insurance.
Thanks to a lawsuit filed by the Southern Centre for Human Rights, a group that campaigns against rough justice, Ms Whitaker won an injunction allowing her to return home. But her husband did not get his job back, and now works as a labourer. The two of them are struggling financially. And Ms Whitaker is still fighting to get her name removed from the registry. “When you’re a teenager, you do stuff,” she says. “You don’t think you’ll be paying for it when you’re nearly 30.”
Every American state keeps a register of sex offenders. California has had one since 1947, but most states started theirs in the 1990s. Many people assume that anyone listed on a sex-offender registry must be a rapist or a child molester. But most states spread the net much more widely. A report by Sarah Tofte of Human Rights Watch, a pressure group, found that at least five states required men to register if they were caught visiting prostitutes. At least 13 required it for urinating in public (in two of which, only if a child was present). No fewer than 29 states required registration for teenagers who had consensual sex with another teenager. And 32 states registered flashers and streakers.
Because so many offenses require registration, the number of registered sex offenders in America has exploded. As of December last year, there were 674,000 of them, according to the National Centre for Missing and Exploited Children. If they were all crammed into a single state, it would be more populous than Wyoming, Vermont or North Dakota. As a share of its population, America registers more than four times as many people as Britain, which is unusually harsh on sex offenders. America’s registers keep swelling, not least because in 17 states, registration is for life.
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Georgia has more than 17,000 registered sex offenders. Some are highly dangerous. But many are not. And it is fiendishly hard for anyone browsing the registry to tell the one from the other. The Georgia Sex Offender Registration Review Board, an official body, assessed a sample of offenders on the registry last year and concluded that 65% of them posed little threat. Another 30% were potentially threatening, and 5% were clearly dangerous. The board recommended that the first group be allowed to live and work wherever they liked. The second group could reasonably be barred from living or working in certain places, said the board, and the third group should be subject to tight restrictions and a lifetime of monitoring. A very small number “just over 100” are classified as “predators”, which means they have a compulsion to commit sex offenses. When not in jail, predators must wear ankle bracelets that track where they are.
Despite the board’s findings, non-violent offenders remain listed and subject to a giant cobweb of controls. One rule, championed by Georgia’s House majority leader, banned them from living within 1,000 feet of a school bus stop. This proved unworkable. Thomas Brown, the sheriff of DeKalb county near Atlanta, mapped the bus stops in his patch and realized that he would have to evict all 490 of the sex offenders living there. Other than the bottom of a lake or the middle of a forest, there was hardly anywhere in Georgia for them to live legally. In the end Georgia’s courts stepped in and suspended the bus-stop rule, along with another barring sex offenders from volunteering in churches. But most other restrictions remain.
Sex-offender registries are popular. Rape and child molestation are terrible crimes that can traumatize their victims for life. All parents want to protect their children from sexual predators, so politicians can nearly always win votes by promising curbs on them. Those who object can be called soft on child-molesters, a label most politicians would rather avoid. This creates a ratchet effect. Every lawmaker who wants to sound tough on sex offenders has to propose a law tougher than the one enacted by the last politician who wanted to sound tough on sex offenders.
So laws get harsher and harsher. But that does not necessarily mean they get better. If there are thousands of offenders on a registry, it is harder to keep track of the most dangerous ones. Budgets are tight. Georgia’s sheriffs complain that they have been given no extra money or manpower to help them keep the huge and swelling sex-offenders’ registry up to date or to police its confusing mass of rules. Terry Norris of the Georgia Sheriffs’ Association cites a man who was convicted of statutory rape two decades ago for having consensual sex with his high-school sweetheart, to whom he is now married. “It doesn’t make it right, but it doesn’t make him a threat to anybody,” says Mr Norris. “We spend the same amount of time on that guy as on someone who’s done something heinous.”
Money spent on evicting sex offenders cannot be spent on treating them. Does this matter? Politicians pushing the get-tough approach sometimes claim that sex offenders are mostly incorrigible: that three-quarters or even nine out of ten of them reoffend. It is not clear where they find such numbers. A study of nearly 10,000 male sex offenders in 15 American states found that 5% were rearrested for a sex crime within three years. A meta-analysis of 29,000 sex offenders in Canada, Britain and America found that 24% had reoffended after 15 years.
That is obviously still too high. Whether or not treatment can help is disputed. A Californian study of sex offenders who underwent “relapse prevention”, counselling of the sort that alcoholics get from Alcoholics Anonymous, found that it was useless. But a meta-analysis of 23 studies by Karl Hanson of Canada’s department of public safety found that psychological therapy was associated with a 43% drop in recidivism. Some offenders—particularly men who rape boys—are extremely hard to treat. Some will never change until they are too old to feel sexual urges. But some types of treatment appear to work for some people and further research could yield more breakthroughs.
Publicising sex offenders’ addresses makes them vulnerable to vigilantism. In April 2006, for example, a vigilante shot and killed two sex offenders in Maine after finding their addresses on the registry. One of the victims had been convicted of having consensual sex with his 15-year-old girlfriend when he was 19. In Washington state in 2005 a man posed as an FBI agent to enter the home of two sex offenders, warning them that they were on a “hit list” on the internet. Then he killed them.
Murders of sex offenders are rare, but harassment is common. Most of the offenders interviewed for this article said they had experienced it. “Bill”, who spent nine months in jail for having consensual sex with a 15-year-old when he was 27 and is now registered in North Carolina, says someone put up posters with his photograph on them around his district. (In at least four states, each offender’s profile on the online registry comes with a handy “click to print” function.) The local kids promptly stopped playing with Bill’s three children. And someone started leaving chopped-up sausages on his car, a possible reference to castration. Bill and his family moved house.
Jill Levenson, of Lynn University in Florida, says half of registered sex offenders have trouble finding jobs. From 20% to 40% say they have had to move house because a landlord or neighbour realised they were sex offenders. And most report feeling depressed, hopeless or afraid.
“Mike” spent a year and a half behind bars for statutory rape after having sex with a girl who said she was 17, but was two years younger. He was 22 at the time. Since his release, he has struggled to hold down a job. Once, he found work as a security guard, but his probation officer told him to quit, since the uniform lent him an air of authority, which would not do.
He is now unemployed, and lives in a flophouse in Atlanta between a jail and a strip club. The area is too desolate to have any schools or parks, so he is allowed to live there. His neighbours are mostly other sex offenders and mentally ill folk who talk to themselves. “It’s Bumville,” sighs Mike. His ambition is to get a job, keep it and move out. Any job will do, he says.
Several studies suggest that making it harder for sex offenders to find a home or a job makes them more likely to reoffend. Gwenda Willis and Randolph Grace of the University of Canterbury in New Zealand, for example, found that the lack of a place to live was “significantly related to sexual recidivism”. Candace Kruttschnitt and Christopher Uggen of the University of Minnesota and Kelly Shelton of the Minnesota Department of Corrections tracked 556 sex offenders on probation and found less recidivism among those with a history of stable employment.
Some bosses do not mind hiring sex offenders, if they know the full story and the offender does not seem dangerous. But an accessible online registry makes it all but certain that a colleague or a customer will find out about a sexual conviction. Sex offenders often report being sacked for no apparent reason. Mike had a job at a cake shop. His boss knew about his record. But one day, without warning, he was fired.
Publicly accessible sex-offender registries are intended to keep people safe. But there is little evidence that they do. A study by Kristen Zgoba of the New Jersey Department of Corrections found that the state’s system for registering sex offenders and warning their neighbours cost millions of dollars and had no discernible effect on the number of sex crimes. Restricting where sex offenders can live is supposed to keep them away from potential victims, but it is doubtful that this works. A determined predator can always catch a bus.
Laws that make life hard for sex offenders also affect their families. A survey by Ms Levenson found that 86% of family members felt stressed because of registration and residence rules, and 49% feared for their own safety. “It’s very difficult,” says Bill. “Pretty much all the things that make you a good father are now illegal for me to do.” He cannot take his children to a park, a pool, or a museum. He cannot be at any of their school events. And his children are ostracised. “The parents find out I’m registered and that’s it,” he sighs.
The penalties for sex offenders who break the rules can be severe. In Georgia the first time you fail to provide an accurate address or register annually with the county sheriff to be photographed and fingerprinted, you face ten to 30 years in prison. The second time: life. Yet because living on a public sex-offender registry is so wretched, many abscond.
Some states have decided that harsher sex laws are not always better. Iowa has sharply reduced the number of sex offences for which residency restrictions apply. Previously, all Iowan sex offenders who had abused children were barred from living within 2,000 feet of a school or child-care centre. Since where offenders lived was defined as where they slept, many would spend the day at home with their families and sleep at night in their cars at a highway rest stop. “That made no sense,” says Corwin Ritchie of the Iowa County Attorneys Association. “We don’t try to monitor where possible bank robbers sleep.”
The Iowan politicians who relaxed the law gave themselves cover by adding a new rule against “loitering” near schools. Mr Ritchie thinks the new rules are better, but he would rather get rid of the residency restrictions entirely and let probation officers make recommendations for each individual offender.
Nationwide, the trend is to keep getting stricter. In 1994 Congress ordered all states that had not yet done so to set up sex-offender registries or lose some funding. Two years later it ordered them to register the most serious offenders for life. In 2006 it passed the Adam Walsh Act, named for a six-year-old boy who was kidnapped and beheaded, broadening the categories of offence for which registration is required and obliging all states to upload their registries to a national database. States had until this summer to comply with that provision. Some objected. In May they were given another year’s breathing space.
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Other countries now seem to be following America’s lead. Hottest on its heels is Britain, where the sex-offenders’ registry includes children as young as 11. The British list is not open to the public, but in some areas parents may ask for a check on anyone who has unsupervised access to their child. France, too, now has a closed national directory of sex-offenders, as does Austria, which brought in some American-style movement restrictions on sex offenders earlier this year. After the disappearance in Portugal in 2007 of Madeleine McCann, a British toddler, some European politicians have called for a pan-European registry.
Human Rights Watch urges America to scale back its sex-offender registries. Those convicted of minor, non-violent offences should not be required to register, says Ms Tofte. Nor should juveniles. Sex offenders should be individually assessed, and only those judged likely to rape someone or abuse a child should be registered. Such decisions should be regularly reviewed and offenders who are rehabilitated (or who grow too old to reoffend) should be removed from the registry. The information on sex-offender registries should be held by the police, not published online, says Ms Tofte, and released “on a need-to-know basis”. Blanket bans on all sex offenders living and working in certain areas should be abolished. Instead, it makes sense for the most dangerous offenders sometimes to face tailored restrictions as a condition of parole.
That package of reforms would bring America in line with the strictest laws in other rich countries. But few politicians would have the courage to back it. “Jane”, the mother of a sex offender in Georgia, says she sent a letter to her senator, Saxby Chambliss, urging such reforms. “They didn’t even read it,” she says. “They just sent me a form letter assuring me that they were in favour of every sex offender law, and that [Senator Chambliss] has grandchildren he wants to protect.”
| Copyright © 2009 The Economist Newspaper and The Economist Group. All rights reserved. |
Wednesday, August 5, 2009
15 Shocking Tales of How Sex Laws Are Screwing the American People
Warning for Parents! CRIMINALIZATION OF CHILDHOOD SEXUALITY
All parents need to read this and be aware of what is going on in our communities. I found this on the website Ethical Treatment For All Youths. A must read for all of with children in our lives.
CRIMINALIZATION OF CHILDHOOD SEXUALITY
Article by Dr. Marshall Burns Link
As previously shown, the language used to label children who behave in a sexual manner typically confuses indecent or socially inappropriate behavior with coercion and violence.4 It is one thing to prohibit such behavior and discipline children for it. It is quite another to describe almost any sexual activity among children, even when it is mutually desired, as “molestation,” “abuse,” “assault,” and “rape.” Such language is a slap in the face to those children who have been truly victimized by real abuse. It also misleads the public into thinking that all children who act sexually are dangerous and merit criminal charges.
Prosecution of children
A recent sexual abuse conference defined “limited exploratory behaviors committed primarily out of curiosity” by juveniles as “deviant sexual behavior.” It referred to these children as “young sex offenders,” adding that “society needs interventions to respond effectively...focusing on protecting the community...”
One article in a professional journal says:
While filing, criminal prosecution, and involvement of the criminal justice system may not be considered necessary for some of these child perpetrators, it should at least be considered. Not only does this type of intervention demonstrate to the girls the seriousness of their sexually abusive behavior, but it also makes their parents take heed of the behavior...The parents of these children also need to be mandated to treatment.3
The criminal justice system follows suit.
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”Even children under age 12 are prosecuted for rape first degree and sodomy first degree for sexual conduct with each other. Furthermore, it is not uncommon for a 13 year old who has sexual contact with an 11 year old to be prosecuted for a class A felony...A youthful offender convicted of rape or sodomy in the first degree is a "violent offender" who must serve at least 85% of his sentence before he can be paroled...Youthful offenders are subject to "Megan's Law" requirements.”
--Attorney Gail Robinson -
”Their names, addresses, and pictures are all on-line, on the state's Sexual Offender's page. Seemingly, they are pre-pubescent predators, but juvenile probation officer Richard Garcia says, 'We got kids on probation for doing stuff that all of us did at one time or another'...it can end with a child labeled as a deviant, stuck with the stigma through their adult years...81% of San Antonio adults say all sex offenders, regardless of age, should be registered, and their information should be public.”
--WOAI-TV -
“A ten-year-old kid plays doctor with his kid sister. A senior in high school has consensual sex with his sophomore girlfriend. Dangerous sex offenders? Yes, say the nation's toughest sex laws. And some states' punishments include posting the juvenile offenders' pictures on websites for the rest of their lives.”
--Journalist Seamus McGraw, runner-up for the 2002 Casey Medal
Some jurisdictions believe that all childhood sexual activity warrants criminal investigation.
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“Kansas can require health care professionals to report all suspected underage sexual activity...”
--Lawrence Journal-World, Lawrence, Kansas -
“The agency is required by law to investigate all episodes of sexual contact between children...“
-- The Reporter, Fon du Lac, Wisconsin
According to the research on child sexual behavior, authorities may have to place 20% to 50% of all children in their jurisdictions under investigation.
Prosecution of teenagers
Teenage sexual behavior is not seen as a disorder to the extent that prepubescent behavior is. Nevertheless, it is not unusual for teens to be prosecuted for non-coerced sexual behavior and labeled as sex offenders.
In its brochure for teenagers, one state's attorney general's office issues the following warning (bold in the original):
Even if you are a minor, if you have consensual sexual contact with someone under the age of 15, you can be charged with gross sexual imposition in juvenile court. If your case then is transferred to adult court, you will be treated as an adult sex offender and will be subject to the same penalties as an adult. The law does not make an exception for you because you are in love..."Second base" can get you arrested! Although it may seem harmless to you, you can be charged with a sex offense!...Even if your boyfriend or girlfriend wants to have sex with you, your friend's parents can still have you arrested if they find out.
In addition to behavior that is abusive, the brochure lists the following as crimes: consensual sexual contact, fondling, and fornication. It describes the following possible penalties: imprisonment of up to 20 years, fines of up to $10,000, registration as a sex offender, and notification to police when moving for the rest of one's life.
In two separate incidents in Wisconsin, both young teenagers in sexual relationships were recently charged with sexually assaulting each other.
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According to police, a 14-year-old city of Pewaukee boy and a 13-year-old village of Pewaukee girl allegedly engaged in sexual activity in a residence...Police are seeking to charge both with second-degree sexual assault.
--Lake Country Reporter -
...authorities say their prosecution is meant to help...The boy is being held in secure detention on a charge of attempted second-degree sexual assault...The girl pleaded guilty to fourth degree sexual assault.
--Milwaukee Journal Sentinel
Parents have a right to teach their children their moral values regarding sex, but police knowingly labeling non-violent mutually desired behavior as assault is dishonest and purposely misleading, and makes a mockery of true assault. Lying to the public about young people's behavior and treating them like criminals on the pretense of helping them can ruin lives, and has no place in a democracy.
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Gorcyca had overreacted by bringing criminal charges for what amounted to consensual sex between promiscuous teenagers...all four defendants were notified they'd be registered as sex offenders...Justin Fawcett of West Bloomfield, was particularly devastated...Friday night, his parents found him dead of an apparent overdose...the criminalization of teenage promiscuity is destroying young lives. And if you're a parent, wake up. Because if you think this couldn't happen to your teenager, you've missed the whole point of Justin Fawcett's story.
--Detroit Free Press
See also: “In Memory of Justin M. Fawcett,” Citizens for Second Chances
The U.S. Department of Justice relies on states to identify juvenile sex offenders, defining as “sexual assault” any sexual activity done “not forcibly or against that person's will where the victim is incapable of giving consent because of his/her youth.” Such definitions were originally intended to protect children and teenagers from exploitation by adults. However, they are now applied even when the supposed offender is too young to give consent. The Department notes that virtually all offenses by juveniles involve family members and acquaintances, confirming that many may be incidents of sex play among siblings or friends, or sexual activity within romantic relationships.6 So it is not surprising that statistics would seem to show that our society is being overwhelmed by violent, sex-crazed children and adolescents.
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One expert writes that “at least a half-million juveniles commit a hands-on sex crime every year.” 7
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Another claims that 1 out of every 20 boys is or will be a child molester.1
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Both the American Academy of Child and Adolescent Psychiatry and the Center for Sex Offender Management state that one-third to one-half of all child molestation is committed by children themselves.2,5
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The U.S. Department of Justice finds that of all ages 7 - 60, “the single age with the greatest number of offenders from the perspective of law enforcement was age 14.” 6
No one doubts that coercive behavior should be prohibited, but one cannot know what fraction of these statistics involve non-coerced behavior. This may explain the confused attempts to understand juvenile offenders shown below, and why criminal sexual behavior seems most often to begin between ages 6 and 9:
O'Brien and Bera defined seven categories of juvenile sex offenders: naive experimenters, undersocialized child exploiters, sexual aggressives, sexual compulsives, disturbed impulsives, group influenced, and pseudosocialized. Graves suggested three typologies: pedophilic, sexual assault, and undifferentiated. Prentky et al. used six categories: child molesters, rapists, sexually reactive children, fondlers, paraphilic offenders, and unclassifiable. Weinrott suggested four general types: juvenile delinquents in general, those who have deviant arousal, those who are psychopathic offenders, and those who fit none of these categories...In a study of 127 children ages 6-12 who had evidenced sexual behavior problems, Pithers et al. identified five subtypes: sexually aggressive, nonsymptomatic, highly traumatized, abusive reactive, and rule breaker. Recent surveys suggest an increase in the rate of preadolescent children who evidence sexually abusive behaviors. Available studies have reported sexual aggression in children as young as 3 and 4; the most common age of onset appears to be between 6 and 9...Victims of preadolescents...typically were siblings, friends, or acquaintances.
--U.S. Office of Juvenile Justice
A rational approach
All of this is not to imply that sexual aggression, indecency, or behavior among children of different ages is acceptable. However, labeling children as sexually deviant—essentially criminally ill—is not the best way to teach them proper behavior.
A better approach would seem to be for parents to teach their children proper sexual behavior in the same way they teach them proper non-sexual behavior—by conveying to them their values, explaining why socially inappropriate behavior offends others, and using appropriate discipline when necessary. Treatment should be sought only when behavior is truly violent or a sign of a scientifically established disorder.
Unfortunately, not only is this not the case, but an array of extreme, scientifically unsupported, and potentially damaging diagnostic and treatment methods are used that are disturbingly reminiscent of the approaches used with homosexuals 50 years ago.
