PA- 6 Investigation: Homeowners' Rights Vs. Sex Offenders' Rights

5-7-2008 Pennsylvania:

The "scare" factor is growing when it comes to sex offenders living in communities across the Alleghenies. So, what if you live down the street from a convicted offender? What are your rights and what are theirs?

Councilman Tries To Track Predators

Bill Latchford, a Tyrone Borough councilman and dad, has worked with police in catching online predators in Blair County. But he said he's not just looking for sex offenders online.

"I'm trying to notify citizens of the town. I want them to understand there's a way to find out if a predator lives close to you," said Latchford.

"Jonathan" And "Tony" Tell Their Stories

Jonathan, who's name has been changed to protect his identity, is a Clearfield County man and convicted sex offender. He said he's fed up with people using blanket terms, search as "sexual predator" or "pedophile." They have different legal definitions and social implications.

"There are a lot of sex offenders out there who need to be locked up, but the bottom line is, we are not all like that. And it's making it very difficult for us to rejoin society, even though that's the one thing we want to do," said Jonathan.

Jonathan was convicted of statutory sexual assault. He was 26 years old when he had sex with a 14-year-old girl. He said he didn't know she wasn't 18. Jonathan served six months in prison. He did not have to register under Megan's Law, but his court case was in the media, and he's been harassed.

"They might as well have had a parade down Market Street with me as the grand marshal," said Jonathan.

Tony, who's name has also been changed, said, "When people go to the Web site, they see me as the lowest form of human they can imagine. People have driven past my house yelling 'baby raper' and they throw stuff at my house."

Tony, who is also from Clearfield County, had to register under Megan's Law. He said he's been badgered, despite the Megan's Law Web site prohibiting use of information in order to harass offenders. The Web site lists Tony's conviction as "sexual abuse of a child" with no further explanation. He served two years in prison.

There are more than 850 people, branded as sex offenders, living across the Alleghenies. The majority live in Cambria, Somerset and Centre counties.

No Hysteria Because Of Numbers

Bill Allenbaugh, a psychologist and certified sex offender counselor, said the data should not cause hysteria.

"If you make everybody one label, all sex offenders, you're missing the essence of risk. Some of the individuals are of no threat, or very minimal if any, towards children," said Allenbaugh.

That's because of the stigma of the charges don't always match the crime. Tony was convicted of sexual abuse of a child, but that phrase probably doesn't mean the same to an average person as it does to the courts. Tony did not touch anyone. Pictures of girls younger than the age 18 were found on his computer. An offender, yes, but he does not consider himself a predator.

However, when you look at the percentage of offenders found to be "sexual violent predators," it's very low. In fact, 1 percent of sex offenders across the Alleghenies are considered sexually violent predators, which means they've been convicted of a sexual offense and due to a mental abnormality or personality disorder, they're likely to offend again.

The sex offenders, their counselor, even the man who's helped catch online predators, want more to be done with Web sites, such as Megan's Law and Family Watchdog. They want the Web sites to provide more details on the crimes committed, which they believe will keep area residents from worrying about their kids and from harassing the offenders.

"It doesn't differentiate the tiers and levels of sex offenders there are. It just defines them as black and white. They need to re-examine the legislation and rewrite it to include the gray area that includes people like me," said Jonathan.

"When they're put on the Web site, people only get basic information. They may ridicule, censor or demean them for no other reason than a label," said counselor Allenbaugh.

Legal Right

So what rights do you have as someone who potentially shares a community with sex offenders?

You are legally allowed to call state police to find out the details of the crime, go to the county courthouse to see the public records, or go into an Internet-based court records search for more information. You can not harass the sex offenders. If you do, you could face charges.

Latchford said he's thought about approaching a convicted sex offender who just moved to Tyrone.

"When it comes to children we just need more information, so you're not creating a hysteria in your community," said Latchford.

Jonathan said, "You need to look at the person, not the crime."

Latchford said he won't stop working with local police to try to catch online predators.

"I'd hate to jump off the deep end, but with kids, you can't be too safe," said Latchford. ..more.. by WJAC TV .com