MO- Convicted rapist says new Halloween law unfair

10-29-2008 Missouri:

JEFFERSON CITY -- A convicted sex offender says Missouri's new Halloween law is fundamentally unfair.

The law, which went into effect in August, effectively places sex offenders under Halloween house arrest. On Monday, a St. Louis judge said the law was vague and that certain parts can't and shouldn't be enforced.

At it's core, the law is designed to protect kids. But some say it goes too far.

"People are passing these laws without understanding people on a case-by-case basis," said a man who we'll call "Sam." Ten years ago, when Sam was 21, he was convicted of raping his wife.

His sex offender scarlet letter has followed him from city to city. People "assume the worst," he said. "They assume you're a pedophile and that their children might be in danger."

Sam spent two years in prison. He re-married, moved, started a new family and now has five young kids.

Recently, the state sent him a letter advising him of the new law prohibiting all supervised offenders from having contact with kids on Halloween. They must stay inside from 5 p.m. to 10:30 p.m., must post signs saying they don't have candy and must turn off all outside lights.

"We're specifically talking about supervised, registered sex offenders," said Dean Watson with the Mo. Department of Corrections. "They are given directives at all times throughout the year. But it's specifically here at Halloween time that it grabs a lot of attention."

When the judge in St. Louis ruled that parts of the law were vague, and lacked clarity, Sam said he was "overjoyed." That ruling is now under appeal. If it stands, Sam will get to go trick-or-treating with his kids. If it doesn't, he won't.

"They're taking anyone with any sex offense that is required to register and put them all into one category," Sam said. "And says, 'You're all gonna suffer the same punishment.'"

Gov. Blunt is a strong backer of the law. In a statement released in response to the court's ruling he said "It's no surprise sexual predators don't like the law."

Last year, it was up to Missouri's individual probation and parole districts to decide how to keep sex offenders away from trick-or-treaters. This year, Sam, will have to put up a sign saying, "No candy/treats at this residence" - even though his crime happened a decade ago, and didn't involve a minor.

"It's really unfair," he said. "People are trying to move on with their lives and you're making it impossible." ..News Source.. by Matt Grant