Saturday, June 30, 2012

WA - Deputies conduct sex offender sweep in King County

Original Article (Video)

06/30/2012

KING COUNTY - Deputies and detectives with the King County Sheriff’s Office tracked down accused and convicted sex offenders in the area throughout Saturday.

KIRO 7 Eyewitness News followed deputies all over King County as they closed in on an accused sex offender in the morning.

According to deputies, the 26-year-old sex offender was at his home and under surveillance for days. The man was wanted by the state of Arizona for leaving the state where he was accused of raping a teenager.

KIRO 7 reporter Stacy Sakamoto spoke with a neighbor of the man who said he had no idea the man he was living next to was accused of a sex crime.
- Just more proof that most people could care less who lives around them, only those who let the fear mongering media and politicians spook them, check the registry.

I mean, for safety for the community too. You know, we were worried about my wife and my daughter. I mean it’s kind of a scary deal,” Ron Pereira said. “He seemed all right. He came over to get a dog one day in the backyard and I talked to him up at the house with his dad, his parents. Seemed like a normal person.”

Another sex offender was also arrested in Federal Way during the round-up. According to the sheriff’s office, the 46-year-old man failed to register as a sex offender which is required by law.

Unfortunately for this individual, he stopped doing that several months back. So, through a lucky break, we were able to locate somebody who knew him,” said Todd Underwood with the King County Sheriff’s Office.

Underwood and his partner picked the man up in a Walmart parking lot.

Lots of hours of work at the desk. Lots of research, things like that just to get these guys, but it’s worth it. Satisfying,” Underwood said.

On Saturday afternoon, deputies arrested a substitute teacher accused of possessing child porn. According to the sheriff’s office, the man has been charged but was not in custody.

UK - British Court Blocks Sex Criminal's Removal to US

Original Article

06/28/2012

By RAPHAEL SATTER

Britain's High Court on Thursday blocked a U.S. government bid to extradite a sex criminal to Minnesota, saying the state's restrictive treatment program for sex offenders was far too draconian.

Judges Alan Moses and David Eady endorsed 43-year-old [name withheld]'s appeal against extradition after U.S. authorities refused to guarantee that [name withheld] wouldn't be placed in Minnesota's civil commitment program, which provides for the indefinite detention of people found to be "sexually dangerous."

The judges said that commitment to the program would be in "flagrant denial" of [name withheld]'s human rights.

[name withheld], a dual U.S.-Irish citizen, is accused of raping a 14-year-old girl and sexually molesting two 11-year-olds in Minnesota in the 1990s. He escaped to Ireland as prosecutors prepared to file charges, and while staying there was convicted of sexually assaulting two 12-year-old girls.

Authorities finally caught up with him two years ago in London, where he'd moved using an Irish passport that spelled his last name in Gaelic as "O'Suilleabhain."

The British judges made clear in an earlier decision that they would have supported [name withheld]'s extradition had it not been for the sex treatment program, which they described as among the toughest in the United States.

The Minnesota program, which began in the mid-1990s, allows civil courts to commit a person for sex offender treatment if a judge decides the person is sexually psychopathic or sexually dangerous. As of April 1, 641 people were in the program.

The High Court justices outlined a litany of concerns, noting that offenders don't have to be mentally ill to be committed; their offenses don't have to be recent; and in some cases, those placed in the program don't even have to have been convicted of any crime.

The judges added they'd seen no evidence that anyone had ever been released from the program since it began in its current form in 1988.

"There is a real risk that if returned, Mr. [name withheld] will be the subject of an order of civil commitment," the judges said in the June 20 decision, adding that placing him in the program would be a flagrant denial of his rights.

They gave U.S. officials a week to guarantee that [name withheld] wouldn't be enrolled in the program, but when no assurances were made, the extradition proceedings were dropped Thursday.

The program has been criticized for holding people indefinitely. A 64-year-old man became the first person to be granted a provisional discharge in more than a decade earlier this year when he was allowed to move into a Minneapolis-area halfway house. Only one other person was ever released from the program, and he was soon taken back into custody on a violation.

In Minnesota, two county prosecutors said they were disappointed by the decision. The statement from Hennepin County Attorney Mike Freeman and Dakota County Attorney James Backstrom said it was "not in the interests of public safety" for them to commit to keeping [name withheld] out of the program.

They said they would pursue criminal prosecutions if he returns to the US.

Peter Wold, [name withheld]'s criminal defense attorney in Minnesota, said the British judges had balked at the prospect of indefinite detention. "That offended them, and it should offend a lot of people, to have the prospect of people being committed with no end in sight," he said.

Michael Hall III, the attorney representing the three alleged victims in Minnesota, said it was unfortunate that [name withheld] wouldn't be held accountable by law enforcement.

"Now, really the only avenue available to his victims in the U.S. is through the civil courts," he said.

Hall's clients sued [name withheld] in January. [name withheld]'s attorney had asked that the case be put on hold pending a decision on extradition on criminal charges, but Hall said he anticipated the lawsuit would now go forward.

Hall said he expected a civil jury to award "significant punitive damages" against [name withheld] — though he conceded there could be difficulties enforcing a judgment if [name withheld] remains in Britain.

See Also:

FL - Police captain (Juan de los Rios) accused of making girl, 15, take off clothes for sex check

Juan de los Rios
Original Article

And what do you know, it's from Florida!

06/29/2012

By Louis Casiano

A Florida police captain was arrested Friday after authorities said he made a 15-year-old girl remove her clothes to prove she wasn't having sex in the back seat of a car, NBCMiami.com reported.

Juan de los Rios, 46, is charged with two counts of lewd and lascivious conduct on a child under the age of 16 by someone over the of age 18. The charge is a second-degree felony punishable by up to 15 years in prison and up to a $10,000 fine, the station reported.

The Sun Sentinel reports that de los Rios is an 18-year veteran of the Miramar Police Department. The paper reported that he's been suspended without pay.

According to the arrest affidavit, de los Rios found the girl talking with a 19-year-old boy in the back seat of the car on Jan. 18.

The station reported he asked her if they had been having sex. She told investigators she and the boy were just talking.

Authorities told NBCMiami.com that de los Rios then told the girl to remove her pants and underwear so he could see if she was telling the truth. The girl told investigators de los Rios "inspected" her with a flashlight and told her to pull down her blouse so he could check for bruising.

The girl's older sister persuaded her to tell their parents, who then reported the incident to Miramar police, the station reported.

It's not clear if de los Rios knew the girl prior to the incident.

He was being held in lieu of $30,000 bail, the Sentinel reported.

TX - Congressman Lamar Smith Introduces Bill to Protect Children from Sexual Exploitation

Lamar Smith
Original Article

There are already laws to do what he's talking about. Is he just trying to make himself "look tough" and help his own career? We think so. It's just another law to help someone look good while doing nothing. The law is not yet online, and once it is, we'll add a link to it here.

06/29/2012

By Lamar Smith

Today, I introduced legislation to protect children from sexual exploitation. The Child Protection Act of 2012 (H.R. 6063) increases penalties for the possession of child pornography, raises funding and resources for the Internet Crimes Against Children (ICAC) Task Forces and provides additional protections to child victims and witnesses.

The bill also improves the ability of the U.S. Marshals Service to apprehend fugitive sex offenders by giving them express administrative subpoena authority, however only for fugitive investigations of unregistered sex offenders.

Trafficking of child pornography images was almost completely eradicated in America by the mid-1980s. Purchasing or trading these images was risky and almost impossible to do anonymously. But the advent of the Internet reversed this accomplishment.

Today Internet child pornography may be the fastest growing crime in America, increasing an average of 150% per year. The National Center for Missing and Exploited Children’s Child Victim Identification Program has reviewed more than 51 million child pornography images and videos in the hopes of identifying the victims in them. These images of children being sexually assaulted are crime scene photos – and each face represents a child in desperate need of help.

Every day these online criminals prey on our children with virtual anonymity. The Child Protection Act of 2012 provides law enforcement officials with important tools to combat the growing threat of child exploitation. We must ensure that investigators have every available resource to track down predators and protect the weakest among us. This bill ensures that paperwork does not stand in the way of protecting our kids. It gives the U.S. Marshals tasked with tracking down these predators the legal tools they need, and it helps prevent more victims by raising the penalties for those who hurt our children.

NJ - Sex Offenders - Recidivism and Collateral Consequences (March 2012)

Abstract:
This report examines the efficacy of sex offender registration and notification (SORN) through its influence on sex offender recidivism and collateral consequences. The first study examines the recidivism rates of two samples of sex offenders, those released prior to SORN and a sample released under SORN in New Jersey. It asks whether or not there are distinct risk profiles among sex offenders with regard to their recidivism trajectories, and if these profiles are similar or different for sex offenders pre- and post- SORN. Additional analyses also include an examination of the influence of demographics, substance abuse, mental health issues, treatment history, sex offense incident characteristics, and criminal history on recidivism trajectories. The second study looks at whether the recidivism trajectories post-prison release for post-SORN sex offenders are similar to or different from the recidivism trajectories post-prison release for post-SORN non-sex offenders who are released from prison via parole. It also specifically focuses on whether or not a series of collateral consequences are experienced similarly or differently among these post-SORN sex and post-SORN non-sex offender parolees.

Friday, June 29, 2012

UK - Revealed: the scale of sexual abuse by police officers

Original Article

And I wonder, how many of these corrupt police officers are on a public registry so when a cop moves in next to you, you can use the information to "protect" yourself?

06/29/2012

By Sandra Laville

Guardian investigation finds sexual predators in police are abusing their power to target victims of crime

Sexual predators in the police are abusing their power to target victims of crime they are supposed to be helping, as well as fellow officers and female staff, the Guardian can reveal.

An investigation into the scale and extent of the problem suggests sexual misconduct could be more widespread than previously believed.

The situation raises questions about the efficacy of the police complaints system, the police's internal whistleblowing procedures, the vetting of officers and a failure to monitor disciplinary offences.

Police officers have been convicted or disciplined for a range of offences from rape and sexual assault to misconduct in public office relating to inappropriate sexual behaviour with vulnerable women they have met on duty. Others are awaiting trial for alleged offences, though many are never charged with a criminal offence and are dealt with via internal disciplinary procedures.

The problem is to a large extent hidden, as no official statistics are kept and few details are released about internal disciplinary action in such cases.

By analysing the data available – including court cases and misconduct proceedings – the Guardian has attempted to document the scale of the corruption for the first time.

In the past four years, there were 56 cases involving police officers and a handful of community support officers who either were found to have abused their position to rape, sexually assault or harass women and young people or were investigated over such allegations.
- I think we've documented more than 56 in the state of Florida alone, yet alone the entire US.

The Independent Police Complaints Commission (IPCC) and the Association of Chief Police Officers (Acpo) are so concerned they are carrying out a rare joint inquiry into the scale of the problem, which will be published in September, the Guardian can reveal.

Their work was prompted by the case of the Northumbria police constable Stephen Mitchell, 43, who was jailed for life in January 2011 for carrying out sex attacks on vulnerable women, including prostitutes and heroin addicts, while he was on duty.

Despite being the subject of previous disciplinary offences, involving one inappropriate relationship with a woman and the accessing of the force computer to find private details of an individual, Mitchell had not been subjected to extra supervision or dismissed by the force.

Those targeted by the officers are predominantly women, but in some cases are children and young people, many of them vulnerable victims of crime.

The Guardian's investigation has uncovered evidence of:
  • Vetting failures, including a concern that vetting procedures may have been relaxed post-2001 during a surge in police recruitment.
  • Concerns over the recording and monitoring of disciplinary offences as officers progress through their career.
  • A tendency for women who complain they have been sexually attacked by a policeman not to be believed.
  • A pervasive culture of sexism within the police service, which some claim allows abusive behaviour to go unchecked.

Debaleena Dasgupta, a lawyer who has represented women sexually assaulted and raped by police officers, said: "I don't think any [victims] are quite as damaged as those who are victims of police officers."

"The damage is far deeper because they trusted the police and … believed that the police were supposed to protect them from harm and help catch and punish those who perpetrate it."

"The breach of that trust has an enormous effect: they feel that if they can't trust a police officer, who can they trust? They lose their confidence in everyone, even those in authority. It is one of the worst crimes that can be committed and when committed by an officer, becomes one of the greatest abuses of power."

The officers involved come from all ranks within the service: the most senior officer accused of serious sexual harassment was a deputy chief constable, who was subject to 26 complaints by 13 female police staff.

David Ainsworth, deputy chief constable of Wiltshire police, killed himself last year, an inquest heard this month, during an inquiry into his behaviour. He is one of two officers accused of sexual misconduct to have taken their own lives over the past four years.

In one of the worst cases in the past four years, Trevor Gray, a detective sergeant with Nottinghamshire police, broke into the home of a woman he met on a date and raped her while her young child slept in the house. Gray was jailed for eight years in May for rape, attempted rape and sexual assault.

Many of the cases documented involve police officers accessing the police national computer to gain access to the details of vulnerable women and young people in order to bombard them with texts and phone calls and initiate sexual contact.

Deputy Chief Constable Bernard Lawson of Merseyside police, the Acpo lead on counter-corruption, who is working with the IPCC on the joint report, said: "Police officers who abuse their position of trust have an incredibly damaging impact on community confidence in the service."

"There is a determination throughout policing to identify and remove those who betray the reputation of the overwhelming majority of officers."

In its report on corruption within the police service published last month, the IPCC identified abuse of authority by officers for their own personal gain, including to engage in sexual intercourse with a vulnerable female while on duty, and the misuse of computer systems to access details of vulnerable females, as two of the five key corruption threats to the service.

IPCC figures show that 15% of the 837 corruption cases referred by forces to the watchdog between 2008 and 2011 involved abuse of authority by a police officer, and 9% involved misuse of systems.

Clare Phillipson, director of Wearside Women in Need, who supported some of Mitchell's victims, said: "What you have here is the untouched tip of an iceberg in terms of sexually questionable behaviour and attitudes. The police service, in my experience, has an incredibly macho culture and women are seen as sexual objects."
- Come on, I'm sure women are doing this as well.

"Police officers have a duty to steer away from vulnerable women in distress, some of whom see these police officers as their saviours. It is an abuse of their power to exploit that."

One area to be examined by the IPCC is whether there might have been vetting failures from 2001 onwards during a massive recruitment drive in the police.

Between 2001 and 2007, the overall strength of the service grew by more than 16,000, with around 2,666 officers recruited each year on average.

Six years ago, a study of vetting within the police service by Her Majesty's Inspectorate of Constabulary revealed "disturbing" failures that had allowed suspect individuals to join the service. The report, Raising the Standard, exposed more than 40 vetting failures among police officers and support staff. The report concluded: "The potential damage that can be caused by just one failure should not be underestimated."

NY - Top cop (Matthew Taggard) in Town of Ulster arrested, suspended on suspicion of sexual misconduct involving underage individuals

Matthew Taggard
Original Article

06/29/2012

By Jeremiah Horrigan

LAKE KATRINE — Town of Ulster police Chief Matthew Taggard has been arrested on a charge of official misconduct and relieved of his duties as a police officer by the Town Board.

Taggard was arrested Thursday after a three-month investigation by the Ulster County District Attorney's Office.

District Attorney Holley Carnright said Taggard failed to report a criminal, nonconsensual sexual act involving an underage male in the Village of Saugerties in mid-March.

"He was aware of criminal conduct as a police officer, and he took no action," Carnright said.

Carnright emphasized that while Taggard is not accused of sexual misconduct, he was the target of a state police investigation several years ago, before he was appointed chief, into sexual misconduct involving underage individuals.

Although that investigation did not result in Taggard's arrest, Carnright said he felt the previous investigation was "germane" to Thursday's charge but declined to specify why.

Carnright also said that the alleged sexual crime in Saugerties did not involve another police officer.

Taggard was arraigned before Saugerties Justice Robert Rightmyer and freed on $1,000 bail. Rightmyer ordered Taggard to surrender his firearms and to remain in Ulster County.

Carnright said he met with the Town Board to explain the charge against Taggard. The board voted unanimously to place Taggard on administrative leave with pay at a special meeting Thursday evening. The exact amount of his salary was not available.

Supervisor Jim Quigley said shortly before the meeting that Taggard "is held in high esteem" by other officers in the department. Reading from a prepared statement, he said it had been "a difficult day" for the town, but assured residents he and the board are "closely monitoring this fluid situation" and will take any "appropriate steps" once the investigation is completed.

Town police Lt. Anthony Cruise was named the officer in charge of the department at that same special meeting. Quigley said the town's police contract is still being researched to see if Cruise is entitled to additional pay while he is running the department.

A request for comment left on Taggard's voice mail went unanswered Thursday.

Thursday, June 28, 2012

CA - American Sex Offender: Documentary Trailer

Original Article

Synopsis:
American Sex Offender is an ambitious, groundbreaking, and unprecedented feature-length documentary film that reveals the untold story of hundreds of thousands of America’s most shunned social outcasts: registered “sex offenders”. By creatively interweaving the human stories of real registrants, expert commentary on America’s unjust and inefficient laws, the filmmaker’s personal story, and shocking cases of punishments that don’t fit the crime; the film challenges the fairness and usefulness of the country’s contemporary sex offender laws and registration systems.

Story:
Like lepers of biblical times and 'witches' of 17th century Salem, registered sex offenders are the most despised and shunned social outcasts in America today. The picture that the “sex offender” label paints in the mind of the average citizen, however, is often worlds apart from the reality of what the person has actually done. High-profile child murder tragedies and fear-based media sensationalism have led to undeserved stigma, unfairly cruel punishments, and even reactionary violence against people who never (a) touched or raped anyone, (b) posed any kind of threat to public safety, or (c) fit the typical characterization of a child predator, sociopathic deviant, or violent rapist. American Sex Offender portrays multiple sides of the controversy through interviews with registered sex offenders and their families, victims of sexual abuse, probation officers, legal experts, politicians, activists, psychologists, human sexuality experts, and more. Proponents of the current system argue that it keeps families and children safe by informing the public about dangerous predators. Opponents argue that it fails to distinguish between those who pose an actual threat to society - and the majority who do not. An autobiographical element is woven into the story by filmmaker Kevin Scott Foley, who is himself a registered “sex offender”. He presents the objective facts of his case, describes the setbacks the registry has caused in his personal life, and leaves it to the viewer to make their own conclusions about whether his punishment fit his crime.

NY - It's not okay to hurt my family

Video Description:
The sex offender registry puts millions of family and children in danger - WITHOUT actually preventing sexual abuse. It's NOT okay with me, is it okay with you?

WA - Attorney urges lawmakers to change sex offender registry

Original Article

06/27/2012

By Hana Kim

OLYMPIA - A Seattle lawyer urged state lawmakers Wednesday to whittle down the sex offender registry, saying it’s stigmatizing a large group of people who he believes no longer pose a threat.

Attorney Brad Meryhew spoke before members of the state House Public Safety & Emergency Preparedness about possible changes to the state registry.

What I am going to propose is there is an automatic expiration for juvenile offenders,” Meryhew said. “Someone is deemed a Level 2 when they got out of prison; 20 years later, all the research tells us, they are not Level 2s.”

He said the current system is too expensive, ineffective and creates a false sense of security for the community.

Lindsay Palmer of the King County Sexual Assault Resource Center indicated such a change would be difficult to manage.

Just to automatically say we want this large group of people off the registry … for one, who is going to manage that? Who is going to click them off? If we were going to click them off, who will do the research to see if they have been crime free?

Meryhew says there is only a small group that is most likely to reoffend and added, “We are getting really good at identifying the people who pose a risk to the community.”

Yet, he said, the system still lumps all sex offenders together, thereby continuing the stigma for those who are now law-abiding citizens.

State Rep. Christopher Hurst, D-Enumclaw, chairman of the public safety committee, said, “I disagree with the characterization that we paint all sex offenders with the same brush, because we don`t. That`s not how it`s done right now.”

Hurst said, however, he’s keeping an open mind because changes to existing laws are always possible.

We want to make sure that we take the most violent sex offenders and shove most of the resources to really keeping a close eye on those folks,” he said.

NV - Ex-officer (John Norman) may avoid sex offender listing for groping women during traffic stops

John Norman
Original Article

06/28/2012

By Lawrence Mower

John Norman won't be sentenced before October, but whatever punishment the ex-Las Vegas police officer receives, he probably won't have to register as a sex offender for the rest of his life.

That's even though he pleaded guilty to one count of open and gross lewdness for groping a woman during a traffic stop.

Was Norman given favorable treatment?

It depends on whom you ask.

Who gets entered into sex offender registries, and why, has been a source of debate nationally and in Nevada. Here, someone is entered into the database if they are convicted of sex crimes ranging from sexual assault to lewdness to indecent exposure.

Maggie McLetchie
Maggie McLetchie, a lawyer who has worked to reform the registry and classification system, calls the state laws "a huge mess." Somebody could be in the database for urinating in public, but some sexual predators could escape registration.

She said Norman is one such example.

"If anybody should be subject to the registry, it's somebody like this," McLetchie said. "This is somebody who was systematically assaulting women in public."

Norman was charged with two counts of open and gross lewdness and three counts each of coercion and oppression under color of office for a series of traffic stops between June and December last year.

On two of those stops, he was accused of groping female motorists' breasts. He told them he was checking to see whether the women were hiding anything under their bras.

Under the terms of the plea deal, announced Monday, Norman will plead guilty to one count of lewdness and one count of oppression under color of office. He will register as a sex offender, but if he completes his sentencing - probation or two years in jail - the lewdness charge will change to oppression, expunging Norman from the sex offender database. Both charges are gross misdemeanors.

Norman has resigned from the Metropolitan Police Department, and he faces sentencing Oct. 30.

A lawyer for the American Civil Liberties Union of Nevada said this week that the sentence seemed light. Clark County Public Defender Phil Kohn would not say that. But he did have an issue with Norman being given the option to be removed from the database.

"Because this police officer was acting under the color of his authority ... for them to work out where it does not stay on his record, to me, is very troubling," he said.

Other lawyers the Las Vegas Review-Journal spoke to said that the terms were reasonable, however.

Robert Langford
Attorney Robert Langford has worked with McLetchie to reform offender registration laws. But Langford, who also defends sex offenders in criminal cases, said Norman's sentencing wasn't unusual for a first-time offender.

"Assuming he showed the district attorney's office that there was a low risk to reoffend and some other things, I wouldn't necessarily say that it was an unusual plea bargain," said Langford, a former prosecutor.

There could be other factors at play, too, he said. The victims could prefer to settle the case instead of having to go through what could be an emotionally grueling trial.

Chief Deputy District Attorney Giancarlo Pesci said prosecutors asked the victims about the deal before making the offer to Norman. The option to be removed from the offender database was not unique, he said.

"We discussed it with the victims and felt this was the appropriate offer," he said.

Defense attorney Joel Mann he wasn't surprised by the deal, and he has seen other cases in which defendants were offered the option to be removed from the registry.

"My eyes didn't pop out of my head saying, 'Oh my God, how did he get that?'  " he said.

He added, "Obviously, the more grave the sexual encounter is, the less likely you are to get something like that."

Attorney Robert Draskovich said he "regularly" sees deals similar to Norman's.

He agrees with McLetchie's view of the sex offender registry, which he described as a one-size-fits-all system that doesn't serve much purpose.

"A guy who urinates in public could have the same reporting requirements as a guy who rapes a 5-year-old girl," he said. "It's not very common-sensical. Does it protect the community? Not really."

WI - Court: Woman (Barbara Patterson) abused process in sex offender fight

Original Article

06/20/2012

MADISON (AP) - A state appeals court says a Grafton woman abused the legal process when she filed a complaint against a sex offender's family.

Barbara Patterson put up fliers in 2009 announcing her neighbor, [name withheld], had decided to let her sex offender son move in. The [name withheld] family began receiving prank phone calls and drivers started gawking at their house.

After the family warned Patterson they planned to sue her (PDF), Patterson filed a complaint alleging family members threatened her.

The family filed a lawsuit alleging invasion of privacy, defamation and abuse of process.

A judge dismissed all three claims, but the 2nd District Court of Appeals ruled Wednesday that Patterson did abuse the process, saying she exaggerated her threat claims.

Patterson's attorney didn't immediately return a message.

Sex Offender Policy Requirements Updated

Click the image to read the full article

Wednesday, June 27, 2012

CO - Sexually Violent Predator Information

UK - To Catch a Paedophile

NJ - Stillwater murder suspect (Clark T. Fredericks and Robert Reynolds) told police that victim was a child molester

Original Article

06/27/2012

By Daniel Fitzsimmons

STILLWATERClark T. Fredericks, who was arrested on June 13 for the murder of Stillwater resident [name withheld], told police that [name withheld] "got what was coming to him" and that he was a "child molester for years," according to his arrest affidavit obtained by The Sparta Independent.

According to the affidavit, Fredericks, 46, of Stillwater, and Robert Reynolds, 47, of Mansfield, drove to [name withheld]'s house in Stillwater armed with knives on the night of June 12. Reynolds said that the two entered [name withheld]'s house and that Fredericks "immediately began stabbing [name withheld] with a knife." Reynolds said he ran out of the house and began backing his vehicle down the driveway before it got stuck. Fredericks came out of the house and helped free the vehicle, after which the two drove to Fredericks' house in Stillwater. Reynolds told police that Fredericks removed his clothing and hid both knives. Reynolds then drove to his house in Mansfield where he power-washed the car they used.

Police also spoke with Fredericks' mother, Joan, who told them that her son came home around 2 a.m. on June 13 with cuts on his hands and blood on his clothes. She said she tried to get him to go to a hospital but he refused, took some sleeping pills, and went to bed.

Police were alerted when Joan Fredericks called Franklin counselor Diane Howe and told her that she believed her son may have hurt or killed someone the night before. Howe then called State Police and asked them to do a well-being check on [name withheld]. She later spoke with Fredericks' sister, who said she believed her brother may have hurt or killed [name withheld].

When troopers arrived at the residence they found [name withheld] dead, with a slash wound to his neck and several stab wounds to his torso.

According to the affidavit, Joan Fredericks told police that Reynolds was also involved.

Fredericks was charged with first-degree homicide and is being represented by Newton attorney Daniel M. Perez.

Reynolds was charged with first-degree complicity/murder, first-degree conspiracy/murder and fourth-degree evidence tampering. He is being represented by John Vazquez of Critchley, Kinum and Vazquez in Roseland.

According to [name withheld]'s obituary, he was a lifelong resident of Sussex County and graduated from Newton High School in 1962. He was an Army veteran and worked for the Sussex County Sheriff's Office for 28 years, retiring as a senior lieutenant.

VI - Senators forward legislation to toughen sex offender rules

Original Article

06/26/2012

By ALDETH LEWIN

ST. THOMAS - The Senate Rules and Judiciary Committee amended and passed a bill to update the sex offender registry laws in the territory.

The bill would bring the territory into compliance with federal regulations that would qualify the territory for some federal law enforcement funding.

The bill first was heard in the committee in February but was held for additional changes.

The legislation amends the V.I. Sexual Offender Registration and Community Protection Act of 1997 to increase reporting requirements for convicted sex offenders.

Gov. John deJongh Jr. submitted the bill to the Legislature last year.

The measure requires all sex offenders to register with the V.I. government within three days of coming to the territory or changing residences within the territory. Reporting requirements vary depending on the crime for which the offender was convicted.

Concerns were raised at February's hearing about the reporting requirement for a sex offender who wants to leave the territory or the United States. Under the proposed law, a registered sex offender must give the government 21 calendar days advance notice before he or she leaves the country.

Sen. Ronald Russell offered an amendment Monday that allows that time to be shortened at the discretion of the V.I. attorney general as long as information or documentation is provided to support the request.

The bill also amends the law to expand the requirements of who must register. Currently, anyone who has been convicted of a sexual crime anywhere in the United States or a court of another "competent jurisdiction" must register.

The proposed law would establish a three-tiered classification system, requiring offenders convicted of crimes of varying severity to register for 15 years, 25 years or life. Currently, the law requires sexual offenders to register for either 15 years or life.

The territory already has lost about $92,000 in federal law enforcement funding this year and stands to lose a similar amount for each year that the territory is not in compliance with the mandates required by the federal Sex Offender Registration and Notification Act of 2006.

Attorney General Vincent Frazer said 34 states also have failed to meet the requirements.

At Monday's hearing, senators were glad the bill finally is moving ahead.

"This bill has been around for a while now, and I think we're seeing some light at the end of the tunnel," Sen. Sammuel Sanes said. "We've had an exodus of individuals coming down here seeing the islands as a safe haven. Hopefully this will put a stop to that."

Update:

NY - Teens' Online Activity A Secret From Parents: U.S. Survey

Original Article

06/26/2012

By Gianna Palmer

NEW YORK (Reuters) - More and more teenagers are hiding their online activity from their parents, according to a U.S. survey of teen internet behavior released on Monday.

The survey (PDF), sponsored by the online security company McAfee, found that 70 percent of teens had hidden their online behavior from their parents in 2012, up from 45 percent of teens in 2010, when McAfee conducted the same survey.

"There's a lot more to do on the Internet today, which ultimately means there's a lot more to hide," said McAfee spokesman Robert Siciliano.

Siciliano cited the explosion of social media and the wider availability of ad-supported pornography as two factors that have led teens to hide their online habits. The increased popularity of phones with Internet capabilities also means that teens have more opportunities to hide their online habits, he said.

"They have full Internet access wherever they are at this point," Siciliano said.

The survey found that 43 percent of teens have accessed simulated violence online, 36 percent have read about sex online, and 32 percent went online to see nude photos or pornography.

The survey reported that teens use a variety of tactics to avoid being monitored by their parents. Over half of teens surveyed said that they had cleared their browser history, while 46 percent had closed or minimized browser windows when a parent walked into the room. Other strategies for keeping online habits from parents included hiding or deleting instant messages or videos and using a computer they knew their parents wouldn't check.

Meanwhile, the survey found that 73.5 percent of parents trust their teens not to access age-inappropriate content online. Nearly one quarter of the surveyed parents (23 percent) reported that they are not monitoring their children's online behaviors because they are overwhelmed by technology.

Siciliano said that is no excuse.

"Parents can put their foot down and they can get educated," he said.

"They can learn about the technology at hand. They can learn about their children's lives," Siciliano said.

Many of the parents surveyed were already doing just that, with 49 percent of parents using parental controls and 44 percent obtaining their children's email and social network passwords. Additionally, three in four parents said they've had a conversation about online safety with their kids.

The results were drawn from a nationwide online survey completed by 1,004 teens aged 13-17 and 1,013 parents, conducted May 4-29 by TRU of Chicago, a youth research company. Its margin of error was plus or minus 3 percent.

FL - Palm Beach County task force hopes to ease limits on housing sex offenders

Original Article

06/26/2012

By Alexia Campbell

They live in cars or sleep on the streets. Most homeless shelters and halfway houses won't take them.

South Florida cities have pushed hundreds of sex offenders underground with strict housing laws in recent years, critics say, but a new Palm Beach County task force is taking steps to reverse that trend.

It plans to draft an ordinance this summer that would make it easier for sex offenders in the county to find a place to live. One idea: Reduce the distance the county now requires offenders to live from schools, parks, day care centers and school bus stops from 2,500 feet to 1,000 feet.
- I'm sure this will tick off Ron Book, who is head of the Homeless Trust in Miami-Dade.  He's been pushing for these laws that force people into homelessness for years.  Why?  Maybe job security?

If county commissioners choose to pass such an ordinance, it would be the boldest change to sex offender laws in South Florida since local cities began passing stricter laws around 2005.

"I feel that it's the right thing to do," said Highland Beach Mayor Bernard Featherman, a member of the Criminal Justice Commission's sex offender reentry task force. "I've learned that nothing you make a decision about is popular."

Two county commissioners, Steven Abrams and Priscilla Taylor, said they would consider easing limits.

"I'm willing to take a look at it and weigh the pros and cons," Taylor said. "We want to make sure every individual has a place to stay. We just need to be very cautious because it affects children and adults as well."

Commissioner Paulette Burdick said she would not support the change, citing "reservations" about shrinking the buffer zone to 1,000 feet.

"It's not far enough," Burdick said. "I know it's a difficult issue, but the safety and security of our children is paramount."
- Not far enough?  So what is far enough?  You could make it 50 miles and it still would not prevent crime, protect anybody and continue to force ex-offenders into homelessness and underground.

State law requires people convicted of certain sex crimes to live at least 1,000 feet from places where children congregate and prohibits them from loitering within 300 feet of those areas.

Palm Beach, Broward and Miami-Dade counties and many local municipalities enacted even more stringent residency laws after Jessica Lunsford, 9, was raped and murdered in 2005 by John Couey, a repeat sex offender who lived in her Central Florida neighborhood.

Palm Beach and Broward counties require their 2,178 registered sex offenders to live at least 2,500 feet away from schools and child zones. About 200 are listed as "transient," with no address.

That transient population is growing, making them harder to track, said Palm Beach County Sheriff's Office Sgt. Mark Jolly, who oversees the Sexual Predator/Offender Tracking Unit. Cities have also added to the confusion by passing their own offender laws, he said.

"We need consistency," said Jolly, whose team keeps tabs on where sex offenders live. "If an offender calls me and wants to know where they can live, it's nearly impossible to tell them. [Laws] change from one street to the other."

Sex offenders in Palm Beach County have been pushed to the fringes, he said. One of the few places that accepts them is a halfway house surrounded by sugar cane fields near Pahokee. Miracle Village is home to 86 offenders who live in the duplexes and participate in faith-based programs and job training.

In Broward County, offenders clustered in Broadview Park until the county passed its current ordinance that created a 2,500-foot buffer around schools, parks and playgrounds. Residents of the unincorporated area had complained about large numbers of sex offenders moving to their neighborhood because of the residency restrictions in surrounding cities.

Palm Beach County's sex offender task force, made up of community officials and social service agencies, wants to return to a law more similar to the state's. The ordinance would only cover neighborhoods outside city limits, so the task force needs to drum up support from local municipalities to adopt a standard law.

"Obviously, the politics of this issue are serious. It's a scary population for a lot of people," said Mike Rodriguez, executive director of the Criminal Justice Commission. "I wouldn't be surprised if all of this were to go nowhere."

Tuesday, June 26, 2012

WI - Public safety officials come out swinging against GB sex offender residency ordinance

Original Article

06/26/2012

GREEN BAY, WI (WTAQ) - After further discussion and debate, a Green Bay committee remains defiant and voted to keep the city's sex offender residency ordinance in place.

The Protection and Welfare Committee heard a barrage of testimony from public safety officials in favor of repealing the current residency ordinance.

Green Bay police, the City Attorney's office, the Department of Corrections, the Sex Offender Registration Program, and the District Attorney's office want the city council to scrap the ordinance in favor of establishing child safety zones that prohibit where sex offenders can go.

Public safety officials argue the highly restrictive residency ordinance is increasing the number of child sex offenders from registering with the state and not applying to live in the city.

Public safety officials say study after study shows residency ordinances don't work and have the opposite effect of sex offenders registering where they live.

Jed Neuman is with the Department of Corrections and says residency restrictions compromise their ability to keep the community safe, labeling it such as the perception of safety versus the reality of safety.

"I have yet to find a study that shows they are effective in providing community safety, I've yet to find anything anywhere that lessens recidivism, that they prevent assaults," Neumann said.

Alderman Jerry Wiezbiskie is in a unique position because he served on the city council that passed the residency ordinance.

He voted against five years ago.

Wiezbiskie was frustrated with the committee's vote, "Again here is the common sense factor, I predicted five years ago the ordinance would not work, and here we are today, almost five years later and it's not working."

Alderman Joe Moore is in favor of keeping the current ordinance and says he acting in the heart of what he believes his constituents want.
- Yeah, you don't want to go against what the sheeple want and not look "tough" on crime, which could possibly ruin your career, which the sheeple are paying for.  Also, since the majority of the people do not like or want taxes, are you also going to pass a law to eliminate taxes?  I doubt it.

Moore wants to see the child safety zones be added to the 2,000 foot residency restriction that also requires child sex offenders to apply to live in the city with the Sex Offender Residency Board.

Moore is calling for some changes to the residency ordinance that would favor a grace period for sex offenders to come forward with where they live and would not incur penalties.

"Until I get a majority of my constituents that come to me with a different feeling that that… I can't use my own emotion to do what I feel I have to do," Moore said.

Alderman Jesse Burnette, who serves on the committee, is in favor of the scrapping the residency ordinance, but doesn't think the public would be ready for it.

He would like to see new child safety zone proposal in place and some sort of grace period before throwing out the ordinance.

Green Bay resident Mary Barlament spoke in favor of scrapping the current residency ordinance in favor of child safety zones.

"This does not work, and I would hope that you would listen to that and the professionals who I think are doing a great job," Barlament said.
- You folks don't care about the facts or what professionals say, only what saves your jobs and makes you look good.

Brown County Assistant District Attorney Kevin Green says he has been dealing with 200% more failure to register and non compliant cases than before the residency ordinance went into effect.

The DA's office is recommending repealing the current ordinance and putting it up for a vote at the full city council.

Green said, "The simple fact is, what objective research they have simply says they are not effective, there is one study that says it is counterproductive, that is because it forces some people underground you lose the benefit of the registry."

Outgoing Green Bay Police Chief Jim Arts wrote the committee a letter asking for a repeal of the residency ordinance in favor of the child safety zones.

Arts recommended a three year trial period.

The committee voted 3-1 to recommend adding a proximity proposal to the current residency ordinance.

The child safety zones would prohibit child sex offenders from going within 150 feet of daycares, schools, and parks.

Aldermen Jesse Brunette, Tim De Wane and David Boyce voted in favor of the recommendation.

Chairman Mark Steuer voted against the recommendation.

"I suppose there is some frustration on my part, because talking to our police department, the state and other agencies, they all say it doesn't work," Steuer said.

Monday, June 25, 2012

Meet The People Who Speak Up For Sex Offenders

Shana Rowan
Original Article

06/25/2012

By Anna North

With Jerry Sandusky just convicted of 45 counts of molesting children, it's a pretty terrible time to be on the side of sex offenders. But a small group of offenders' friends and family are advocating for big changes to the sex offender registry — and experts say they might have a point.

For many, Jerry Sandusky's conviction was a call for stricter laws punishing sex offenders. But for Shana Rowan, it was a reminder of everything she thinks is unjust and ineffective about the current laws. Rowan's fiance is a registered sex offender, and she's part of a small but increasingly vocal group arguing that he and others like him should never have been on a public registry at all.

Rowan told BuzzFeed Shift that when her fiance [name withheld] was twelve and his half-sister was six, he touched her inappropriately (she described it as "kind of like a game of doctor," though she acknowledged that the age difference made it more serious). He was convicted of sodomy, and is now a registered sex offender. When they got together, she researched sex offenders and sex crimes. What she found convinced her that [name withheld]'s crime had been a reaction to abuse he had suffered, that he wouldn't reoffend, and that many registered sex offenders were people "who made a mistake and won't do it again." Now she argues publicly, on her blog and elsewhere, that the sex offender registry in America is "far too bloated to be effective," and that law enforcement should develop "smart assessments" to determine "who really needs to be watched."
- I personally think that we don't need a registry at all.  If someone is so dangerous that they need to be monitored, then maybe they should've been sentenced to a longer time in jail/prison after an expert evaluated them and determined they were dangerous.  Once someone comes out of jail/prison, they are suppose to be able to get on with their lives, not be labeled something for life and treated like an animal.  That, in of itself, creates more stress in a persons life, and with more stress, some are more likely to commit another related or unrelated crime in order to survive.  We do NOT need a registry at all, period.  And if people think we do, then we should have one for all felons, so it's fair for all.

She's not alone. While few people are comfortable advocating for the rights of sex offenders, some friends and family members of registered sex offenders have begun to do just that. On their own or in partnership with groups like Texas Voices and the Sex Offender Solutions and Education Network, they argue for a reduction in the size of the public registry, or for making it available only to law enforcement. And some experts say they're actually right that registries may do more harm than good.
- I think, due to the vigilantism that is rising, yes the registry should be taken offline and used by police only, or better yet, use the existing criminal records database already in existence, then we'd not need to waste millions of dollars on something we don't need in the first place.

The stories of sex offender advocates often aren't comfortable to hear, especially in the wake of the Sandusky trial. Lisa, who asked that only her first name be used, told BuzzFeed her 22-year-old son was currently under investigation by the FBI for downloading child pornography and having sex with an underage girl he met online (she said he believed the girl was over 18). She said her son deserves to be punished, but that he shouldn't have to register for life. Stories of vigilante justice had her concerned for his safety, and for her own. When he gets out of prison, he may live with her, and she lives in a small town with "a bunch of good ol' redneck boys" — if her son is on the registry, they'll have her home address and possibly a description of her car. She now regularly emails her senator and other legislators to try to bring her worries to their attention.

Cynthia Mercado, professor of psychology at John Jay College of Criminal Justice and an expert in sex offender law and policy, says Lisa's concerns are a real issue: in one survey she conducted, nearly half of sex offenders reported being threatened or harassed. And a third of them said someone they lived with had suffered threats, assault, or property damage. In some cases, registration can also lead to the outing of the victim, especially if that victim is a family member.

Mercado also questions whether registration laws really prevent future crimes. She says there's little data showing they keep people safe, and increasing evidence that they might actually "increase, rather than decrease, the risk that sex offenders pose to our communities." That's because registration can keep sex offenders from finding jobs or housing after they've served their time, both of which are "important factors that promote desistance from crime." She adds that being on a sex offender registry can isolate a person from positive social bonds with family and friends that might keep them from offending again.

Laura (not her real name) has experienced some of these effects firsthand. She told BuzzFeed she was eight months pregnant with her daughter when her husband was arrested for attempting to purchase child pornography. She maintains that he is innocent, but he was convicted and placed on the registry. Now, she said, he can't get a job, and suffers from chronic depression.

Laura said "the worst offenders" do belong on a public registry, but that registration should be decided "on a case-by-case basis." As it is, she said, her husband's name and face are on a school district website, and her daughter has to be careful who she's friends with — of those who make registration policy, she said, "they don't care what the collateral damage is."
- Once again, I disagree.  The worst offenders should be in prison longer, and once they come out, after therapy and rehabilitation, then, like everyone else, they should be allowed to do whatever they wish, after probation and/or parole.  Nobody should be branded and punished for life!  People can and do change.  Putting someone on a public registry is basically putting a target for vigilantes on their heads, and that shouldn't be done to anybody, regardless of their crime.

Unsurprisingly, not everyone agrees with her ideas about the registry. Scott Berkowitz, founder of the Rape, Abuse, and Incest National Network (RAINN) says the public registry is a "useful tool" for both law enforcement and parents. He adds that any loosening of registration requirements "would have its biggest impact on families of small children who look to these registries to help keep them safe."

That's not how Rowan sees it. She says the story of Jerry Sandusky is a perfect example of the failure of the registry. She's glad his victims got "some semblance of justice" with his conviction. But, she says, "the ironic thing is that he was never on the registry, and he will never be on the registry."

Mercado concurs that most sex crimes, rather than being committed by strangers who could be looked up on the registry, "are committed by someone known to the victim or their family" — as Sandusky was. She also notes that not all sex crimes — or sex offenders — are the same: "despite widespread belief to the contrary, most sex offenders do not go on to commit another sex crime." Registry laws, she says, "treat all offenders as highly predatory individuals who target stranger children." But registration requirements that might be appropriate for a predatory serial child molester may not be the right punishment for someone who once committed statutory rape, serious as that offense is.
- Again we see another person saying what the registry's true intent is, PUNISHMENT!

Politically, that may not matter. Richard G. Wright, professor of criminal justice at Bridgewater State College and author of Sex Offender Laws: Failed Policies, New Directions says "hundreds of studies" have shown that "sex offender registries do not reduce reoffending." But they're popular because they "give people the perception that they're safer," and that popularity is unlikely to wane. While perpetrators of some crimes, like sexting or statutory rape where the victim is close in age to the offender, may be removed from registries in some states, he believes the public registry as a whole is here to stay.

For now, sex offenders' rights advocates remain on the fringes of public discourse — Rowan says she faces harsh criticism whenever she speaks out about her views, and both Lisa and Laura have lost friends after their family members' crimes. Indeed, the families of sex offenders may not be the best public advocates for change — in the wake of Dorothy Sandusky's defense of her husband, the average person may not want to hear another wife or mother of a sex offender telling her side. But regardless of whether these spouses and parents have an accurate view of their loved ones' crimes, they may be right about one thing: it's by no means certain that sex offender registries actually keep families safe. And they may put some in more danger.

OH - Could Sex Offender Registration Requirements Be Changing In The M.O.V.?

Original Article

We are having issues embedding the video from the link above, so visit that link to watch the video.

06/24/2012

By Erin Pulsanti

A new law in Louisiana mandates sex offender and predators must post on their social networking profile that they have been convicted of a sexual crime. Could a similar law be headed for the Mid-Ohio Valley?

The concept of a sex offender registry is not new, in fact each state in the nation has a system where they track and keep a record of those convicted of a sexual crime. Those registering have to provide personal information, including (but not limited to) address, phone numbers, vehicle information, employment information and Internet information.

"In the state of Ohio- they (the offender) have to give their screen name," explains Sgt. Patrice Tornes of the Washington County Sheriff''s Office. "Any social media outlet they are with- they have to provide passwords for them as well."
- Passwords?  I don't think so, and if they do, this is definitely unconstitutional.

"In West Virginia they (the offender) have to register and tell us who their provider is and they also have to give their email address... or addresses." Cpl. Mark Mayhugh of the West Virginia State Police. "They also have to let us know if they are on Facebook or any social networking site. They have to give us their user name as well."

How frequently an offender or predator registers varies from once a year to every 90 days depending on their original conviction. A new law in the state of Louisiana builds on existing registration requirements and now mandates that the offender must include in their social networking profile that they are a sex offender or predator. The new law says the offender must list the jurisdiction of conviction, description of the offenders physical characteristics and their address.

Local law enforcement says although the new law seems great in theory, in practice it could make their jobs of tracking sex offenders more difficult.

"It's not necessarily a bad thing. I think it would be difficult to enforce because a lot of the offenders would just go on and register using aliases," Cpl. Mayhugh says. "I think it will also probably result in more violations."

"I don't see this making law enforcement's job any easier," Sgt. Tornes agrees. "In fact, I think it will make it harder when trying to track them on the social media. When they get busted under their original name- they're just going to go in and create another account and this can happen multiple times."

Officials say it depends on the results in Louisiana to see whether or not the new requirements will take hold in the Mid-Ohio Valley.

"I would think that the public is probably going to like the idea, it sounds good," Cpl Mayhugh concludes. "I think Louisiana is the only state that requires it thus far. So, they'll be a good tester state."

"If something works out well in one state than, naturally, other states are going to want to look at it. All that they're out to do is protect the public in any way that they can," Sgt. Tornes says.

IN - Judge Upholds Ind. Facebook Ban for Sex Offenders

Original Article

06/24/2012

By CHARLES WILSON

A national civil rights group said Sunday it would appeal a federal judge's decision to uphold an Indiana law that bans registered sex offenders from accessing Facebook and other social networking sites used by children.

On Friday, Judge Tanya Walton Pratt said in an 18-page order (PDF) that the state has a strong interest in protecting children and that the rest of the Internet remains open to those who have been convicted.

"Social networking, chat rooms, and instant messaging programs have effectively created a 'virtual playground' for sexual predators to lurk," Pratt wrote in the ruling, citing a 2006 report by the National Center for Missing and Exploited Children that found that one in seven youths had received online sexual solicitations and one in three had been exposed to unwanted sexual material online.
- Yeah, mainly by other peers, not adults who are on Facebook, but that's why you need to look elsewhere, instead of the NCMEC, like here for example, which is a newer, larger study done in 2008 by many organizations, not just one with a vested interest.

The American Civil Liberties Union of Indiana filed the class-action suit on behalf of a man who served three years for child exploitation, along with other sex offenders who are restricted by the ban even though they are no longer on probation. Federal judges have barred similar laws in Nebraska and Louisiana.

"We will be appealing," ACLU legal director Ken Falk said in an email Sunday to The Associated Press. Appeals from federal courts in Indiana go to the 7th U.S. Circuit Court of Appeals in Chicago.

Courts have long allowed states to place restrictions on convicted sex offenders who have completed their sentences, controlling where many live and work and requiring them to register with police. But the ACLU claimed that that Indiana's social networking ban was far broader, restricting a wide swath of constitutionally protected activities.

The ACLU contended that even though the 2008 law is only intended to protect children from online sexual predators, social media are virtually indispensable and the ban prevents sex offenders from using the websites for political, business and religious activities.

But Pratt found that the ban is limited only to social networking sites that allow access by children, and that such sites aren't the only forms of communication on the Internet.

"The Court readily concedes that social networking is a prominent feature of modern-day society; however, communication does not begin with a 'Facebook wall post' and end with a '140-character Tweet,' " she wrote.

Though the law doesn't list which websites are banned, court filings have indicated the law covers Facebook, MySpace, Twitter, Google Plus, chat rooms and instant messaging services. Earlier filings indicated LinkedIn was also covered by the ban, but Pratt's ruling said it wasn't because children under 18 can't sign up for it.

"It is a very well-reasoned opinion and the Indiana statute has certainly attempted to be specific," said Ruthann Robson, a professor of constitutional law at the City University of New York. But she faulted the judge and the law for treating all sex offenders as if they were likely to commit another offense.

"A better statute might provide for some sort of individualized determination rather than a blanket prohibition," she said.

Social networking bans have been struck down in two other states.

In February, U.S. District Judge Brian Jackson found that Louisiana's prohibition was too broad and "unreasonably restricts many ordinary activities that have become important to everyday life."

Pratt said Indiana's ban wasn't as broad the overturned Louisiana ban.

Louisiana lawmakers passed a new law last month that more narrowly defines which sites are prohibited. News and government sites, email services and online shopping are excluded from the new rules, as are photo-sharing and instant messaging systems. The measure takes effect Aug. 1.

In Nebraska, a federal judge in 2009 blocked part of a law that included a social networking ban. A second legal challenge by an Omaha-area sex offender is set for trial in July.

Sunday, June 24, 2012

OR - That's not why I'm here - Offenders who come to worship are treated as if they had come to prey, rather than pray!

Original Article

06/24/2012

By Sanne Specht

Officials of a local church are battling their insurance company over demands that sex offenders who come to worship be treated as if they had come to prey, rather than pray.

Chad McComas, pastor at Set Free Christian Fellowship in Medford, said his church disclosed to its insurance company that there were known sex offenders within its congregation. That honesty may spell the end of Set Free, a church he started in 1997.

On May 1, the insurance company, Church Mutual, sent a letter requiring McComas to disclose to his congregation the identity of any and all sex offenders, allow those offenders to attend only one predetermined service each week where they must report in and be assigned an escort who will accompany them at all times, and bar them from participating in any child or youth programs.

"Please respond by June 15, 2012. We will review your procedures. If you have not met all the requirements, we may no longer be able to continue your coverage," the letter states.

McComas is challenging the insurance company rules, which he said will have a chilling effect on disclosure, encourage abusers to go underground, and are the same for an 18-year-old boy who is convicted of sex abuse for having sex with his 17-year-old girlfriend.

"Where does that line go? They're throwing everyone in the same boat," McComas said.

[name withheld], a 66-year-old convicted sex offender who attends Set Free, said he is a devout Christian who attends services to worship God, not to prey on youths.

"Certainly there are people who have not accepted the Lord who come to church (with evil intent)," [name withheld] said. "That's not why I'm here."

Patrick Moreland, vice president of marketing for Church Mutual, declined to discuss the specifics of his company's interaction with Set Free. Church Mutual insures more than 100,000 religious organizations. It has covered close to 5,000 sex-related claims since 1984.

The rules, developed by outside legal counsel, are designed not only to protect the organization from the "legal hot water" of sexual misconduct and molestation claims but also to protect potential victims, Moreland said.

"Our No. 1 goal is to protect our churches and our children," Moreland said.

[name withheld] abused drugs and alcohol and had a long history of sexually abusing children prior to becoming a Christian, he said, adding he pleaded guilty to first-degree sex abuse and sodomy in 1993 after he succumbed "to temptation" one last time.

Two days after [name withheld] was arrested on those charges, he was released on his own recognizance and confessed his crimes to McComas, who was then an assistant pastor at another church.

[name withheld] said he tendered his guilty plea in Jackson County Circuit Court to spare the child victim from having to testify. He was sentenced to 90 days in jail and 10 years of probation and treatment, he said.

"I didn't put the blame on anyone but me," [name withheld] said. "I didn't want the minor to have to testify."

McComas is loathe to have his church, which has about 100 members, identified as "the sex-offender church." But this issue is a matter of principle and practicality, he said.

"We deal with a lot of members who have addiction backgrounds. That's part of who we serve. But that's not all of who we serve," McComas said. "We know who our members are. We are being careful and diligent. But how often are we going to have to tell the congregation that someone is a sex offender? The congregation changes all the time."

Sex-based claims and crimes occur in cities big and small, in rural areas and in any denomination, Moreland said. Set Free received the same letter that Church Mutual would send to any church, camp or school that disclosed it had a sex offender in attendance, he said.

"What if you have a known offender who offends again? What's a jury going to say?" Moreland said.

Ashland resident Randy Ellison, board president of Oregon Abuse Advocates and Survhvors in Service, is an adult survivor of child sexual abuse. Ellison was 15 when a charismatic youth minister at a popular Portland church began sexually abusing him.

For more than 40 years, Ellison remained silent about the devastation wrought by the trusted leader in his community. Now he is a vocal advocate in the fight to end child sex abuse.

The church and the community at large have a responsibility to protect children, Ellison said. Disclosure to the congregation and restricting offenders from being alone with a child are realistic and necessary provisions, he said.

"If there is a sex offender in my church with my children, I want to know about it," Ellison said.

But the insurance company overreached by requiring Set Free to assign an offender a constant escort and limiting his attendance at worship, Ellison added.

"As a man of faith, I have to say, wouldn't you rather have this person in church?" Ellison said.

Offenders must take responsibility and be accountable for their acts. Church services, addiction recovery meetings and other cognitive and behavioral programs are vital to "rewiring brains," he said.

"We're better off as a society having him go to church with an agreement about what can and cannot happen," Ellison said. "We want them there safely. But we want them there as often as we can get them to go."

As heinous as their crimes are, sex offenders are a part of the community's collective family. In fact, 40 percent of perpetrators are within the victim's immediate family, he said.

"Perpetrators aren't devils in trench coats," Ellison said. "Look at any family photo. Perpetrators look like your father, uncle or grandpa. And that, in fact, is who they are."

If society isolates and excludes perpetrators once they are out of prison, it becomes impossible for them to be a part of a community in a positive way. And the odds of recidivism increase dramatically, Ellison said.

"Humans need to be in relationships," Ellison said. "But we're going to watch and make sure it's a safe and positive relationship."

[name withheld] gave up the right to be alone with a child when he molested his first one, Ellison said.

"His past behavior has burned that bridge," Ellison said. "But that doesn't mean that we don't worship with him."

There is no safety in numbers when it comes to these kinds of dangers, McComas said. If offenders have ill intent, they are much more likely to go to a church with a large congregation.

"That's where they want to go, because they can hide and groom these kids," McComas said.

Ellison's minister is the Rev. Pam Shepherd of the First Congregational United Church of Christ in Ashland. Shepherd agrees with Ellison that churches have a responsibility to keep children and youth safe. UCC is insured and performs background checks on all Bible school teachers, youth ministers and others who are in positions to deal with minors.

But Shepherd said she has never seen a letter like the one McComas received from Church Mutual. And no one in their membership has disclosed any sex crimes, she said.

"There are no known sex offenders coming to our church," Shepherd said. "But if all sex offenders glowed orange, people might be surprised to see who they are sitting next to."

[name withheld] said he has been labeled as a "predatory" child sex abuser. He served additional time in prison during his 10-year probationary period for failing two of six polygraph tests and refusing to participate in therapies he deemed counter to his religious beliefs, he said.

"I was convicted of one offense with one minor," [name withheld] said. "But I was open and I disclosed my history of molestation with minors."

[name withheld] doesn't believe in "self help," he said. Prayer helps him stay focused on God and not on sin. In addition to attending worship services, [name withheld] works in food pantries at Set Free and at his old church, he said.

"We're here to love one another. Not lust after one another, and I was guilty of that," [name withheld] said.

[name withheld] must register as a sex offender for the rest of his life. He is used to being watched. Just last week, Oregon State Police were at his door, where he lives with three other men who have been convicted of sex crimes, after a young developmentally challenged man went missing.

"They searched the house, didn't find anything and thanked me for cooperating," [name withheld] said.

[name withheld] said if he gets driven out of Set Free by Church Mutual's policies, he will simply go to another church, then another. One week at a time, if necessary, he said.

[name withheld] was one of seven known sex offenders at a larger church in Medford. [name withheld] said policies were put in place and an elder was assigned to watch him. The man sat a few rows behind [name withheld] at services. One day he didn't realize [name withheld] had gone to the restroom. When the man realized [name withheld] was not in his seat, "he got up and he had a look of panic on his face," [name withheld] said.

[name withheld] was later asked to sign a contract promising not to molest anyone. He opted to leave that church and began attending Set Free, he said.

"You know who I am. If you want to watch me, watch me. But don't ask me to participate in it," [name withheld] said. "There are murderers coming into churches. You don't ask them to sign a contract not to kill anyone."
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