In 1994 the Jacob Weeterling Crimes Against Children and Sexually Violent Offender Registration Act passed as a part of the Federal Violent Crime Control and Law Enforcment Act. The law was the first of its kind to implement a registry for those convicted of sexual offenses and crimes against children. Two years later, Megan’s Law amended the Wetterling Act, establishing the first “community notification system”, bringing those convicted out into the open. The law also required lifetime registration for recidivist and offenders who committed certain offenses. In 1998, this lifetime registration was expanded to include all sexually violent offenders, federal and military offenders, and nonresident students or workers.
While there is obvious value in identifying those who could pose a danger to society, especially children, the current system has created a culture of fear that is leading to overreaction and ultimately unfair or unjust punishment of those accused of sexual crimes. What follows are some examples of the type of paranoia driven scenarios that demonstrate the flaws in the current system.
1. Girl, 15, Branded Sex Offender for Nude Photos
In Late 2008, a 15 year old girl in Licking County Ohio was arrested and charged in juvenile court for “possessing criminal tools and illegal use of a minor in nudity-oriented material”. The girls “criminal tool” was a cell phone and MMS (multimedia messaging service). Her “illegal use of a minor in nudity-oriented material” were nude photos of herself. The girl was charged with the crimes after sending a nude photo of herself to some of her high school classmates. Essentially, she was charged with being a child pornographer of herself. In Ohio, state law requires child pornographers to be given Tier 2 sexual offender status, which requires a 20 year public registration. -Source
2. Man Grabs Girl’s Arm – Now He’s a Sex Offender
Fitzroy Barnaby, a 28 year old man from Evanston Illinois was prosecuted for attempted kidnapping and child abduction following an incident where he nearly hit a female teen pedestrian with his vehicle. At the trial, the teen girl testified that Barnaby had jumped out of his car after the near miss and yelled, “Come here, little girl” then grabbing her arm. She broke away and called the police.
Barnaby says he simply wanted to talk to the girl about the importance of being careful when crossing the street. The jury accepted Barnaby’s version, but nonetheless found him guilty of unlawful restraint of a minor, a sexual offense under Illinois Law. Barnaby is now on the states sexual offender registry and must keep authorities informed of his place of residency. He can not live near school or parks, and will likely be ostracized by those who discover his status as a sex offender.
The Judge that handed down his sentence acknowledged his own difficulty with the case by saying:
“It’s more likely than not he only intended to chastise the girl” ” I don’t really see the purpose of registration in this case, I really don’t” ” But I feel that I am constrained by the statute” -Source
3. Man Ordered to Move Because of Public Urination 20 Years Ago
Twenty-one years ago, Jaun Matamoros was drunk while out with friends in Massachusetts. Unable to find a bathroom, he urinated on the street beside a car. Unfortunately for Juan, three people witnessed him relieving himself and he was quickly arrested for public urination. Juan was subsequently charged with “lewd and lascivious behavior”.
Up until recently, his youthful drunken mistake hadn’t cost him much more than embarrassment, but that all changed when authorities in his new home city of Deltona, Florida got wind of his conviction. According to local laws and ordinances, Juan’s conviction classifies him as a sex offender. Under these stricter guidelines, Juan is prohibited from living within 2,500 feet of a school, bus stop, day-care center, park or playground. So now, Juan and his family, who live near several parks, must pick up and move or face prosecution for violating sex offender laws, all because of a public urination offense 20 years ago. -Source
4. 4 Year Old Accused of “Sexual Harassment”
In Dec 2006, WACO, Texas school administrators gave a 4 year old pre-school student an in-school suspension for “inappropriately touching” a teachers aid, after the child hugged the woman. The letter from administrators to the parents of the child said the boy was:
“involved in inappropriate physical behavior interpreted as sexual contact and/or sexual harassment.”
DaMarcus Blackwell, the boys father, is baffled by the schools stance, and wonders how a child so young could sexually harass anyone. He has filed a complaint with the district. -Source
5. Man Barred from Photographing His Children in Public
Gary Crutchley thought taking his kids to a local park would be a great opportunity to get some memorable pictures of his kids playing, but innocent snap shots of his two kids led to him being accused of perversion. After taking the the picture to the left of his kids on a blow up slide, the woman running the slide demanded he stop taking pictures. When asked why, the woman said he could not take pictures of other peoples children.
Mr Crutchley calmly explained he was only interested in pictures of his own children, even going as far as to show the pictures he had taken to the woman to prove the point. Unsatisfied, the woman running the slide claimed he could be taking pictures of any child, and even went so far as to accuse Mr. Crutchly of being a pervert, and intending to publish images of other children on the internet. -Source
6. Girl, 13 Charged as Sex Offender and Victim
In 2003 a 13 year old Salt Lake City girl and her 12 year old boyfriend were found guilty of delinquency – the legal term in juvenile court for a conviction, after the girl became pregnant. State authorities alleged that both the boy and the girl had committed sexual abuse of a child by having sex with each other, a second-degree felony if committed by an adult.
For juveniles who are 16 and 17, having sex with others in their own age group does not qualify as a crime. Juveniles who are 14 or 15 that engage in sex with peers can be charged with unlawful conduct with a minor, but the law provides for mitigation when the age difference is less than four years, making the offense a misdemeanor. Unfortunately, for adolescents under 14, there are no exceptions or mitigation, because adolescents under 14 are not considered capable of consenting to sex under the law.
Thus, under Utah state law, the girl and her boyfriend were both found guilty of violating state law, and were both also the victims in each others “crime”. According to Associate Chief Justice Michael Wilkins, “The only thing that comes close to this is dueling” where two people who take 20 paces and then shoot could each be considered both victim and offender. -Source
7. Louisiana Proposes Bill to Castrate Sex Offenders
In April 2008, Louisiana Senator Nick Gautreaux proposed a bill that would require a judge to order treatment for certain second-offense sex criminals with a drug designed to diminish male sexual urges. The drug is essentially a form of chemical castration, it lowers male sexual urges by shutting down testosterone production also rendering the male infertile. Under the bill, the sex offender would have the choice of chemical castration, or physical castration if they wanted to avoid the drugs side effects. -Source
8. Drowning Child Goes Unaided – Tragic Turn for Sexual Predator Paranoia
On Nov. 28, 2002, 2 year old Abigail Rae drowned in a village pond in England after wandering away from her nursery school. This case would be tragic enough, but after the girls death, it was revealed that just minutes before the girl drowned, a local man had seen the toddler wandering off on her own without an adult in sight. Bricklayer, Clive Peachey, drove past her in his truck, but did not stop. After the incident, Mr. Peachey stated:
” I kept thinking I should go back. The reason I didn’t was because I thought people might think I was trying to abduct her.”
So, instead of stopping, he assured himself the parents must be close by and would find her soon. Meanwhile, the nursery staff searched. When the mother noticed the staff near her home, she was told they were looking for a “lost dog” but the truth soon emerged. The frantic mother’s search ended when she leaped into the pond to fish out what she thought was Abby’s shoe, instead pulling out the girls lifeless body. -Source
9. Man Refused Shelter – Freezes to Death
In January 2009 Grand Rapids, MI officials found Thomas Pauli frozen to death on the streets. In recent weeks, Mr. Pauli had tried several times to gain admittance to at least one of the two Heartside missions for the homeless. His attempts to find shelter were denied because of his status as a registered sex offender. Officials say it is possible that Thomas Pauli would be alive today, except for the state law that prohibits sex offenders like him from establishing a residence, even for one night, within 1,000 feet of a school. In this case, both shelters fall within this zone because of their proximity to a high school. Although officials and volunteers at the shelters decried the current system, they acknowledged that they
“have to follow the law, but ethically, it feels like we were responsible” ” These men and women are clearly ‘The Scarlet Letter’ folks of our day. And where do they go? I have no answer.” -Source
10. Ricky and Amanda
Ricky and Amanda met at an Iowa club for teens in December of 2005. Ricky, who was 16 at the time really liked Amanda, who had told him she was also 16. The two talked, and instantly hit it off. They began dating, and had sex on several occasions. The relationship came to an abrupt end when Amanda told Riky’s mother that she was 14. She actually 13. Several months later, Amanda ran away from home and was eventually picked up by the police. Police questioned Amanda about why she left home, and during their interview, it came out that she had been involved with Ricky.
Ricky was soon questioned by police, and he admitted to sleeping with Amanda on two occasions before being informed of her real age. It ended when Amanda told Ricky’s mother she was only 14 and asked her not to reveal this to Ricky. Actually, she was 13. Although Amanda’s parents had no interest in pressing charges, the District Attorney was determined. Ricky was arrested and charged with two felony counts of third degree sexual abuse.
Ricky faced a 20 year prison term if the case went to trial, so in a plea deal, he plead guilty to one count of lewd or lascivious acts with a child. This conviction required Ricky to be registered as a sex offender for a period of 10 years, as well as 2 years probation. After the conviction, Ricky’s family moved from Iowa to Oklahoma, which had recently adopted more stringent categorization of sex offenders. This meant that because of the three year age difference between Ricky and Amanda, Ricky would be classified as a tier 3 sexual predator, a classification reserved for the most dangerous sex offenders in Oklahoma.
When authorities became aware of his status, he was removed from high school. He was prohibited from being in the presence of children other than his brother (had his brother been a girl, he would have been removed from his home.) Ricky’s social life was destroyed, he was ostracized, harassed, and ridiculed by his neighbors and members of his community. Ricky’s ability to live a normal teenagers life has been completely destroyed. -Source
Loading ...
It doesn’t help when people advise the public to never hire male babysitters:
http://online.wsj.com/public/article/SB118782905698506010.html
Fucking HELL.
I am too pissed off right now to comment further.
FUCK.
This just continues my belief in our draconian laws concerning children. Had it been so when I was younger, I would find myself in this same situation. My 1st wife (high school sweetheart) and I were both 14 when we began experimenting. She was a few months older than me and turned 15. Neither of us would have been able to pursue our careers (I’m a PHD candidate) and she’s now having a good life doing I know not what, but she continued her education as did I. These laws, placed on the books by profiteering fear mongers have always bothered me. I see the need for broad interpretation by the Judiciary, not mandatory statutes and sentencing. John Walsh has made millions off the unfortunate death of his son, but has punished the innocent more than the guilty. I do not recall the author of the quote, but it is “I would rather let a guilty man go than punish an innocent”. Any help with the author would be appreciated (don’t want to have to go into the stacks).
Thanks for this collection.
You might also check out:
• The Free Lunch of Concerns of Concern of Children
• Nakedness — a WASP Crime
for some more items.
http://www.oncefallen.com/youmightbersoif.html
http://www.oncefallen.com/CriminalizingTeenSex.html
A couple more for you to check out!
More talk talk talk about this. More and more. Lets open this discussion as wide as we can and get it going in coffee rooms, classrooms, cafes and courts. This problem is huge and complicated. We really need to recognize how our cowardice affects our freedom and our sense of responsibility. People focus on safety to the degree that they lose all perspective and wind up imprisoning themselves in solitary. This is just one more symptom of that problem and we need to figure out a compromise. Adults who prey sexually need to be stringently dealt with, but we have to enable our courts to show some jurisprudence and recognize when the law doesn’t apply!!!!!!
Number 5 in that list – under UK law there’s nothing to stop you taking photographs of kids in public, even your own, as long as they’re not indecent and you’re not harrassing or intimidating them or their parents.
The woman that ran up was very, very, wrong and I’d have challenged her to call the police (or maybe complained that she was causing a breach of the peace).
Pingback: Virtual Illusions » Sex Offender Paranoia Kills Child
ffs! that last one so fauking pissed me off badly .. thats so fauked uo..
I relly don’t understand those laws you have in america. most teenagers will have feelings at age 11-12 and begin more serious experimenting(sex)at age 14-15 or so. my ex girlfriend and i had been together for 2 years when we began the serious work, i 16 and she 14 at the time. over in Holland it is not unlawfull and since we had allready 2 years together i don’t feel any sin in it. but in america i’d be a sex offender and have had a whole lot of penalties, though we were ogether for 2 years before serious things happened…i really don’t get that system of america.
I really do think it is mostly built upon fear and in my opinion thatis not healthy at all…minority report anyone?
Pingback: The ridiculous and wildly unfair sex crimes laws in America « Wide World of Stuff
#1 is legit. The girl was clear prodicing and distributing child pornography. If we let kids get away with making child porn, then potentially adults can get away with it too. All the adult has to say is, “Well I had nothing to do with that. I wasn’t even in the room.” It would be up to the DA to prove the adult was the one actually producing and distributing the pictures/videos.
#1 Is stupid, it is not producing and distributing child porn! Yes its irresponsible, but does it make a minor a sexual predator? What the hell.
Since when is a cell phone a ‘criminal tool’ for being used to take pictures? Might as well classify rope and duct tape the same, it could be used for kidnapping! Or cars, plenty of people commit crimes in their automobile.
give me a break.. your going to make some 15 year old put her name on the sex offender list for 20 years because she took some nude pictures of her self.. this is where her parents are suppose to act like adults and explain to her why thats a bad idea.. some one thats not a first time offender, especially a 15 year old that was taking pictures of her self does not deserve to be on that list for 20 years.. use some friggin common sense.. god people annoy the heck out of me..
“It would be up to the DA to prove the adult was the one actually producing and distributing the pictures/videos.”
This is a bad thing? Of course it would. This is the minimum standard for obtaining a criminal conviction in any case. Regardless of the crime, you do have to proved that the accused is the criminal.
sooooo… it is illegal for men to look at pictures of young girls but it should be legal for young girls to publish naked pictures of themselves…
may this mentally go fuck itself.
common sense must be an exhausted resource nowadays
the laws in america is definitely out of the line, it seems like everything you do will always end up you being in jail. America = the land of free, thats a BIG BIG LIE!!!!!!!!!
Fascists who make laws like should be shot at sight: Give them same amount of mercy they give so called “criminals”: None.
“#1 is legit. The girl was clear prodicing and distributing child pornography.”
Bullshit. Everyone must have a right to take pictures of themselves. Nude of otherwise. Everyone. Even you.
And anyone who calls showing my own pictures from my own camera to some of my own friends nearby “distribution” is a bastard lawyer. No copies made, none of pictures left no further than owners hand.
Tell us exactly where and how these pictures were “distributed”?
If 10 people at the time can see a painting, is the painting “distributed” and how? (Hint: It isn’t: it’s _one original_ and no more.)
Distribution is a term normally used of mass copied products, by millions, and delivered by internet. Using it here is malicicious intent: A product of “Nail her!”-ideology, where reality means nothing and witch hunting is the name of the game, all means allowed.
How about the case of Wisconsin woman Monika Lackershire, sexually assaulted and raped by her then boyfriend’s 17 year old brother. He turned around, accusing her of coming onto him, of initiating the contact, and various other stories, yet her claims of rape went on deaf ears. She was subsequently charged of sexual assault of a minor and took a plea deal as she was pregnant at the time (her then boyfriend’s child.) Lackershire served three years in prison and now is out on probation. She has to register as a sex offender for the rest of her life, while this boy who RAPED HER walked off scot free, simply because she was the “adult” and he the “minor.”
How do I know this ? She is my sister. I have seen her life ruined thanks to a lying little shit of a teenager.
I’ve heard of cases like Ricky’s time and time again, and it makes me sick. Just as a man’s emotional / physical negligence or predatory objective may lead to the rape of a woman or man, a woman’s negligence or predatory may lead to a different type of rape — I say rape because apparently it has the same consequences. For example, a young girl lies about her age so a boy will like her — he becomes a sex offender. A young woman stops taking her birth control without the consent of her partner and becomes pregnant.
What it comes down to is this: men have to be more careful.
When I read these things it is hard to believe any of them are the whole story.
I remember a friend of mine befriending a man years ago because she felt sorry for him. He had been unfairly banned from seeing his children because his ex had lied and coached his children to lie, saying he had physically and sexually abused them. He seemed very sincere.
Time went on, he become more and more domineering towards her and her daughter. Then one day she found him carrying her daughter by holing her by the crotch. The girl was too big to need to be carried.
Maybe he had no bad intentions, but should she take the chance and wait until her daughter was actually molested? She dumped the man and shortly after saw he had taken up with another woman with preschool aged children.
The point is, when we are hearing only one side of the story, it is hard to know whether or not we have all the facts or if these people are as innocent as they seem.
I do, however, see no reason to let anyone freeze to death. And I feel that the man who did not stop the toddler on the street is making excuses.
Great examples here, people are content to enjoy their lives and ignore injustices.