MA- Prosecutors praise new sex-abuse law

9-27-2008 Massachusetts:

HYANNIS — When the Massachusetts version of "Jessica's Law" takes effect next month, it won't have the same tough sentencing requirements as the Florida legislation on which the act concerning child predators was modeled.

But the commonwealth's modified version will make it easier for law enforcement officials to prosecute sexual abuse crimes against children, Michael O'Keefe, Cape and Islands district attorney and one of the law's backers, said yesterday.

"A lesser sentence is better than no sentence at all," said O'Keefe, who is president of the Massachusetts District Attorneys Association. He was speaking at the ninth annual conference of Children's Cove, which investigates sexual abuse cases on the Cape and Islands and provides treatment for young victims and their families. The conference was held at the Resort and Conference Center of Cape Cod.

Jessica's Law is named after Jessica Lunsford, a 9-year-old Florida girl who was raped and murdered in 2005 by a repeat sexual offender. In the original Florida version adopted by several states, the law establishes a 25-year minimum sentence for sexually abusing a young child and requires that paroled sex offenders wear a GPS positioning unit.

Other states, including Massachusetts, have passed a modified version of the law that raises the minimum sentence for some sexual offenses against children but gives prosecutors more leeway in working out plea agreements.

Flexibility an advantage
Many defendants would go free with a mandatory 25-year sentencing law, O'Keefe said. "We'll capture more perpetrators with the flexibility inherent in this law."

The problem is young children often make poor witnesses, particularly if they are called upon to face their abuser in court, he said.

Currently, many sexual abuse cases never go to trial, sparing the child and family the rigors of a courtroom battle. Instead, the prosecutors use evidence and expert interviews to work out a plea deal and a sentence for the perpetrator, who must also registered as a sex offender.

If people accused of sexually abusing a child are faced with a quarter century in prison, they are more likely to take a gamble and push for a trial, O'Keefe said. The fear is many families will end up withdrawing complaints rather than traumatizing a young child on the stand.

Prosecutors want to avoid a one-size-fits-all approach when it comes to prosecuting child molesters, O'Keefe said. He said under a mandatory 25-year sentencing law, a grandfather with Alzheimer's who molests a child in a one-time incident would be subject to the same sentencing as a pedophile kidnapper.

Stronger version sought
Rep. Jeffrey Perry, R-Sandwich, supported a stronger version of Jessica's Law. But he said the modified version that passed this summer and is going into effect Oct. 22 "is better than if we didn't pass anything."

He is disappointed with the fact the law does not call for a 10-year minimum sentence for rape of a child by force.

"That's really the type of crime that deserves a minimum mandatory sentence," said Perry, a member of the Public Safety Committee.

The law does call for a minimum 10-year sentence for aggravated indecent assault and battery on a child under 14, but the simple use of physical force is not considered an "aggravating" factor, Perry said during a phone interview.

Aggravated indecent assault and battery is a new charge. Aggravating factors include using a dangerous weapon and committing the crime during a home invasion or while posing the child for nudity.

Also new is a 15-year mandatory minimum sentence for a person committing indecent assault and battery on a child under 14 as a second offense, Perry said. He said legislators will be pushing for more stringent sentencing once their new session begins in January.

The Massachusetts constitution guarantees defendants the right to face their accuser, which means it's not possible for children to testify from behind a screen as happens elsewhere, said state Sen. President Therese Murray, who also spoke at the Children's Cove conference.

The way that Martha Coakley, the state attorney general, and the district attorneys put the law together "is the right way to go," Murray said. The convicted perpetrator will be automatically registered as a Level 3 sex offender and be tracked for the rest of his or her life, she said.

Jessica Lunsford's father, Mark Lunsford, urged Massachusetts to follow the Florida example, Murray said. But in the end he agreed to the modified version, she said. "He just said to me, whatever you can do, please do." ..News Source.. by CYNTHIA McCORMICK