Posts Tagged myths

Note from Public Defender About Sex Crimes and Kids

freerangekids.wordpress.com: A Public Defender Discusses the Sex Offender Registry (& Why It’s Almost Worthless.

A NOTE FROM A PUBLIC DEFENDER ABOUT SEX CRIMES & KIDS

“Dear Free-Range Kids: I work as a public defender and will attest that the vast majority of sex offenders do not have a record (at least of sex offenses). Out of the 100+ serious sex offenses my office has handled during the last 5 years, only 3 have involved defendants already convicted of a sex offense in the past. Meaning that (a) sex offenders are not being re-convicted in large numbers, and (b) most sex offenses are committed by people who are not on any registry.

And this lack of recidivism has absolutely nothing to do with a lack of access due to registries. The average child molester is a master manipulator. He will be able to convince people that this was all a big mistake and get access to children without much trouble. And anyone who is going to abduct, rape and kill a child is going to be completely undeterred by a registry. It’s more likely a result of the fact that most on the registry are there for consensual sex with a slightly under-aged person (too underage and it becomes molestation regardless) and they are unlikely to re-offend. You also mix in people who commit sex crimes against adults who aren’t a threat to children – rape of an adult and rape of a child are VERY different and you almost never see a crossover. This leaves you with a very small number of registered sex offenders who are likely to re-offend, or likely to commit a crime against a child.

Sex registries have the dual effect of improperly stigmatizing people and lulling people into a false sense of security. Sure, dad can check out mom’s new boyfriend. But his being on a registry or not has absolutely no bearing whatsoever as to whether he poses a threat to a child. He could be a molester who has never been caught. He could be a public urination case that ended up on a registry. It seems as if the better choice would be to forget the registry all together and teach our children to protect themselves and keep the lines of communication open about sex so that they believe that they can come to us should something uncomfortable occur. — A Public Servant”

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IL Tries to Ban Loitering of Sex Offenders Near Parks

suburbanchicagonews.com: Proposed bill would restrict sex offenders

Sexual offenders would be banned from visiting or loitering near Illinois public parks, including state parks, under the provisions of legislation sponsored by state Sen. Kirk Dillard, R-Hinsdale, that is advancing through the Illinois General Assembly.

“Unfortunately, parks can be hard to patrol, making it hard to deter crime in these areas,” Dillard said. “However, hopefully by prohibiting sexual offenders from hanging around public parks, we reduce the number of people who are loitering in a potentially secluded environment where law enforcement officials aren’t likely to be.”

Child sex offenders are already prohibited from being in or loitering within 500 feet of a public park when children are present. Under Senate Bill 2824, convicted sexual predators and child sex offenders would be forbidden from being in or loitering within 500 feet of a public park.

Having been unanimously approved by the Illinois Senate, Senate Bill 2824 is now in the Illinois House for consideration.

Can you imagine how foolishly impossible it is to enforce such laws? Unless there is a well-known and recognized offender seen by a terrified neighbor, police would never be able to identify and enforce this ban in any park. This is not to mention the clear constitutional violations involved with banning citizens from public places, nor the statistical fact that over 90% of sex offenses against minors are committed by family or acquaintances of the victim

Synopsis As Introduced:
Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for any sex offender (rather than just a child sex offender) to knowingly be present in any public park building or on real property comprising any public park or to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park.

Senate Sponsors:
Sen. Pamela J. Althoff - Iris Y. Martinez - Emil Jones, III, Antonio Muñoz, A. J. Wilhelmi, Toi W. Hutchinson, Kirk W. Dillard and Martin A. Sandoval

House Sponsors:
(Rep. Jack D. Franks )

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Sex Offender Cuts off GPS Tracking Device, Disappears

kare11.com(ND):Sex Offender Cuts off GPS Tracking Device, Disappears.

Police in Fargo are scrambling to find a high-level sex offender they say cut off his GPS monitoring device Monday, then disappeared.

Once again: GPS monitoring does not prevent crime!
This has always been a bogus notion to monitor sex offenders.
If someone wants to commit a crime, they will do so. Period.

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CA: Another Law Named for a Dead Child

ABCnews: ‘Chelsea’s Law’ Could Track Sex Offenders Via GPS.

Known sex offenders should be outfitted with GPS devices that would track their movements and immediately alert police if predators travelled to restricted areas near schools or parks, a California lawmaker told ABC News.com.

Following the alleged rape and murder of 17-year-old high school student Chelsea King by convicted sex offender John Albert Gardner III, Assemblyman Nathan Fletcher, R- San Diego, called for a complete review of California laws intended to monitor known offenders.

Fletcher said California law requires sex offenders to register where they live, but not where they go. Police in the nearby towns of Escondido and Rancho Bernardo are working to determine if in Gardner’s routine travels between his residence and his mother’s home he attempted to abduct girls along the way.

“I’m really concerned where these sex predators go because where you live is one thing, but where you go is another matter. If you’re a certain category of sex offender you can’t go where kids congregate. You can’t go to parks, you can’t go to bus stops, you can go to schools,” Fletcher said.

“We’re looking at the possibility of using technology. Using a GPS device that’s a passive device, but the minute you cross into one of these safe zones it immediately pings a 911 call and you’ve committed a crime by violating it,” he said.

Not only was Gardner already a registered sex offender, but these pile-on sex offender laws named after dead children have proven to do nearly nothing to prevent sex offenses. This idiot Assemblyman Fletcher now wants to outfit tens of thousands of Californians with GPS monitors which would alarm police if they walk near a school or park. How ridiculous is this going to become ?

Contact this fool here:
District Office:9909 Mira Mesa Blvd., Suite 130, San Diego, CA 92131
858-689-6290, 858-689-6296 fax
Capitol Office: State Capitol, Room 2111, Sacramento, CA 95814
916-319-2075, 916-319-2175 fax
Email here.

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WI Statewide Sex Offender Residency Bill Public Hearing

whbl.com: Statewide Sex Offender Residency Bill Gets Public Hearing

See prior post : WI Bill to Override Local Sex Offender Restrictions

Madison, WI- A public hearing will be held Thursday (March 11, 2010) on a bill to create statewide limits on where sex offenders can live. It would wipe out tough local ordinances with restrictions so tight, offenders are driven elsewhere. The bill would let the Corrections Department come up with statewide limits on keeping sex offenders away from schools and other places where kids congregate. But corrections’ officials have opposed some of the tougher local ordinances that exist now. They say it encourages sex offenders to go underground, and not register with the state as the law requires. The current restrictions have varied effects.

Readers in Madison Wisconsin should attend this meeting and come prepared with information to oppose these residency restriction laws.

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A Message from One of the Converted

From a reader of our blogs:

“There was a time when I did think the streets must be filled with sex predators hiding and waiting to pounce on their next victim. Then I decided to study the FACTS ! I was totally wrong.

It turns out that these lying, gutless, sycophant fops we elect have no respect for the constitution and allow illegal laws to be put on the books for money and public hype. [These are] senseless laws by the uninformed. Their inability to work out all the difficult problems of the laws they create will do to harm the accused and not give them a chance to a new start in life free of crime. They brand these people immediately . They can’t get a job, find a place to live or survive. They have a right to live. “

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CA: Bar Sex Offenders From Social Networking Sites

ktvu.com: Bar Sex Offenders From Social Networking Sites.

Oakland, Calif. — Calling social networking sites the “schoolyard of the digital age,” San Francisco District Attorney Kamala Harris Tuesday proposed a new state law banning convicted sex offenders in California from accessing Facebook, MySpace and other sites. Harris joined forces with Pomona Assemblywoman Norma Torres to announce the law that would make it a crime if any of the state’s 63,000 registered sex offenders were found to be using a social networking site.

The law is similar to ones already on the books in New York and Illinois. But enforcement may be an issue.
The proposed California law does not goes as far as New York’s which requires sex offenders to register their e-mail addresses and online aliases with state authorities.

Harris said she hoped the threat of a return to jail would be a strong enough deterrent to make California’s sex offenders to think twice about logging on. She also hoped that the social networking sites themselves would take some action.

The New York state law is credited with making MySpace and Facebook in particular end the access of 3,500 known sex offenders.

Harris said she did not see the new law as an infringement of the rights of an individual.

“We are talking about prohibiting people have been proven in a court of law of being a sex offender,” she said. “We are just saying let’s update our laws to reflect where we are in terms of a society. Most people communicate through this technology…These kids, in particular, use Facebook and MySpace as a way to create friendships and relationships and talk about themselves and share personal details.”

Harris’s logic is dumbfounding. If it is acceptable to take away access to Internet technology from anyone who has committed a sex-related crime, let’s do the same for anyone who has committed a crime against another human (any form of assault, murder, physical abuse, ect.). The facts are these:

1. Enforcing such laws is impossible. Anyone with half a brain can figure out how to create a false user name or secondary email address to register with any social network.

2. Social networking sites who claim to remove sex offenders are simply practicing public relations. Sure, they may find and remove a few of the really stupid ones who register their real names, but most people do not register on these sites with their real full name.

3. As we have written many times in these blogs, it is very rare for any sex offense to occur as a result of meeting a stranger on a social networking site. This is an urban myth. When rare contact is made between teens and strangers, it is sought out by the teenagers. The study “found that children and teenagers were unlikely to be propositioned by adults online. In the cases that do exist, the report said, teenagers are typically willing participants and are already at risk because of poor home environments, substance abuse or other problems”.

4. Research shows that the median age for facebook /myspace is 27/26 years of age respectively. In other words, social networking sites are not the Internet equivalent to children’s playgrounds, as the media would have us believe.

5. Hysteria about these social netoworking sites has long ago been proven to be overblown.
See our postings “Report Calls Online Threats to Children Overblown”, and “Sex Offender on Social Site = Felony”

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Sex Offender Registration Does Not Stop Rape

mercurynews.com(Calif): Sex offender Web site didn’t help in Calif. rapes.

San Diego—Authorities say the sex offender charged with killing a San Diego teen initially eluded suspicion in her disappearance because he was registered on California’s sex crimes database as living in a neighboring county.

Investigators in Riverside County say convicted child molester John Albert Gardner III similarly wasn’t a suspect in last year’s disappearance of a 14-year-old girl and an attack on another teen. That’s because at the time Gardner was registered in San Diego County.

Officials said Thursday the discrepancies show how Gardner could apparently comply with California’s offender registry law and still avoid suspicion. Gardner has pleaded not guilty to murdering 17-year-old Chelsea King.

We have said this many times, whenever one of these horrific crimes occurs. Online sex offender registries and residency restrictions do nothing to prevent crime. Think about it. Banning a sex offender from living near a school or park does not prevent him from traveling to that park or school. And posting a sex offender’s photo online does not prevent him from committing a crime !

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AWA/SORNA: Send Your Fax to President Obama

Many readers ask what they can do to help in this fight. Here is something you should do, today. With President Obama making news today in his support of the Adam Walsh Act funding ( see post below), we must do the following before the end of this week, if possible:

ConstitutionalFights spoke to a representative at the White House today who expressed interest in our concerns about the Adam Walsh Act and how it violates constitutional rights of 700,000 Americans. She gave potentially useful instructions on how to communicate effectively to President Obama on this issue.

She said to FAX A ONE PAGE OUTLINE summary sheet to 202-456-2461.
You can email but faxes will be MUCH more effective she said, because they receive millions of emails.

1. At the top of the page, put a clear subject line- re: Adam Walsh Act.

2. List clear concise bullet points, not narrative. She said outline form is much more likely to be read than a narrative story.

Now, I no longer use faxes, but I am sure many of you have access to fax machines. And there are some online alternatives to fax from your computer. So while this may result in a lower number of us sending a fax, if many of us do this, it could be effective (according to the secretary).

You know the bullet points to make: constitutional violations of Ex Post Facto/Retroactivity, Separation of Powers, Breach of Contract, ect, how it damages families and children of offenders, how it imposes life-long registration to many who committed a crime decades ago, ect..

Again, one page, in outline form! To download the sample outline below, download here: http://drop.io/whitehouseSORNA

Sample Outline:

Adam Walsh Act/SORNA : Destroying Families and Failing to Prevent Crime.

AWA/SORNA violates constitutional rights of 700,000 Americans by:

  • imposing retroactive punishment for crimes committed decades ago
  • breach of contract in plea agreements with states by increasing registration requirements, requiring new lifetime registration for many
  • violating separation of powers provisions by disallowing a court review of individual cases


Correcting Myths:

  • U.S. Department of Justice Statistics: Recidivism of Sex Offenders 1994 (latest available): “5.3% of sex offenders were rearrested for another sex crime.”
“An estimated 3.3% of child victimizers 4,300 were rearrested for another sex crime against a child within 3 years of release from prison”

Approximately 60% of boys and 80% of girls who are sexually victimized are abused by someone known to the child or the child’s family (Lieb, Quinsey, and Berliner, 1998).

  • Most-Recent Study Statistics from The National Criminal Justice Reference Service: “results DO NOT indicate an increase in child abductions by strangers”
  • A Comprehensive National Study (University of North Carolina, University of New Hampshire): “The great majority of sexual victimizations were perpetrated by acquaintances”
  • The Crimes Against Children Research Center studies:

a) “various forms of child mistreatment and child victimization declines as much as 40-70% from 1993 through 2004, including sexual abuse, physical abuse, sexual assault…”
b) ” sexual abuse started to decline in the early 1990’s after at least 15 years of steady increases. From 1990 through 2004 sexual abuse substantiations were down 49%”

  • National Child Abuse and Neglect Data System:

a) “Cases of substantiated sexual abuse have declined approximately 39% nationwide from 1992 to 1999. Despite the dramatic nature of the decline, little discussion of the trend has occurred at either the national or the state level. ”

Legal Challenges:

  • AWA/SORNA has been legally challenged in every county in Ohio and within every state. Many State and Federal Courts have ruled retroactive restrictions as unconstitutional.
  • The Indiana Supreme Court ruled retroactive application of SORNA as unconstitutional - Wallace v. State (2009
  • Ninth Circuit Court of Appeals declared in U.S. v. Juvenile Male, No. 07-30290 (9th Cir. Sept. 10, 2009) that part of the federal Sex Offender Registration and Notification Act is unconstitutional as applied to former juvenile offenders:
  • The Ohio Supreme Court currently has four cases under review to decide retroactive implementation of SORNA.


AWA/SORNA Damages Families:

  • Registries list offenders whose crimes date back decades, and whom have led productive lives since
  • Many of those on the registry were juveniles when the crime was committed
  • Many of those on registry pose little or no threat to re-offend
  • Public registries include home addresses and expose parents and their children to taunting and threats
  • Employment, education and living opportunities are severely limited to families with a registered sex offender
  • Socially stigmatizing Americans for a lifetime creates instability in their lives and actually increases chances of offending


Conclusion: We urge the President to repeal , or completely re-structure The Adam Walsh Act /SORNA to:

  • remove retroactive application
  • allow judicial review of individual cases
  • allow a means to earn a way off the registry
  • maintain registries for law enforcement use only, and not for public perusal


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Sex Offender Outrage Reaches White House

ABCNews: Outrage Over Sex Offender Monitoring Reaches White House.

In the wake of John Albert Gardner III being charged today for the killing of Chelsea King, we find that he was already a registered sex offender, which once again shows how ineffective these registries are in preventing crime:

John Walsh, host of “America’s Most Wanted,” said he met with President Obama Wednesday to discuss child protection laws and funding for the Adam Walsh Act, signed three years ago by President Bush.

The law promised to create a national registry of sex offenders and keep closer track of the most violent of them, but it did not come with the funds needed to carry it out.

“President Obama said yesterday, ‘As the father of two girls, John, I will get the Adam Walsh law funded,’” Walsh told “Good Morning America” today.

Walsh, whose 6-year-old son for whom the law is named and who was kidnapped and murdered in 1981, knows firsthand the grief King’s parents are experiencing. ( again let us correct the myth, there was no sexual assault of this boy)
——————————————–
ConstitutionalFights spoke to a live person at the White House who expressed interest in our concerns about the Adam Walsh Act and how it violates constitutional rights of 700,000 Americans. Granted, these secretaries know nothing about the Act, but she gave potentially useful instructions on how to communicate effectively to President Obama on this issue.

She said to FAX A ONE PAGE OUTLINE summary sheet to 202-456-2461.
You can email but faxes will be MUCH more effective she said, because they receive millions of emails.

1. At the top of the page, put a clear subject line- re: Adam Walsh Act.

2. List clear concise bullet points, not narrative. She said outline form is much more likely to be read than a narrative story.

Now, I no longer use faxes, but I am sure many of you have access to fax machines. So while this may result in a lower number of us sending a fax, if many of us do this, it could be effective (according to the secretary).

You know the bullet points to make: constitutional violations of Ex Post Facto/Retroactivity, Separation of Powers, Breach of Contract, ect, how it damages families and children of offenders, how it imposes life-long registration to many who committed a crime decades ago, ect..

Again, one page, in outline form!

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