NC- Editorial: Get tough on the right people

12-5-2008 North Carolina:

Tougher new sex-offender laws are tailor made for the likes of James Artie Clark, a Burgaw resident who this week admitted repeatedly molesting three young girls over the course of a year or so. When he gets out of prison - he'll serve 16 to 20 years, exceedingly light punishment compared to the lasting emotional and physical harm he caused those children - he should be on the sex-offender registry for the rest of his natural life, if possible.

But in their well-intentioned zeal to get tougher on the James Artie Clarks in the state, the Honorables have used a black-and-white distinction when shades of gray might paint a more realistic picture. Clark is the kind of criminal lawmakers had in mind when they voted to triple the number of years a sex offender must remain registered with law enforcement after leaving prison.

A new law that took effect Monday requires sex offenders to be on a public registry for 30 years instead of 10, as mandated under the previous law. It makes little distinction between a child molester and a young adult who has consensual sex with an underage girlfriend (a criminal offense, as it should be, but hardly the same category as a serial pedophile).

As difficult as it is to forgive anyone who commits a sexual offense, our justice system operates not only to punish people but to give a second chance to those who are able and willing to rehabilitate themselves. Long-term monitoring after the person has served his sentence can thwart any chance of rehabilitation; contrary to popular consensus, experts say not all sex offenders are equal. In addition to registration requirements, convicted sex offenders also face restrictions on where they can live and where they can be seen in public.

The Honorables did leave an opening that could help sex offenders who really want to change. An offender can petition a judge after 10 years for a waiver of future registration requirements if he (or she) can show good behavior and compliance with registration requirements up to that point.

The General Assembly, as well as the federal government, also recognize that some sexual predators will never be rehabilitated, or perhaps a more appropriate word would be "cured" of their sick obsession. Those are the criminals most law-abiding citizens agree should be separated from polite society.

North Carolina law sets aside special provisions for violent predators and repeat offenders. Lifetime registration and monitoring could be required.

The law also was recently changed to require a minimum 25-year sentence for certain sex crimes, including rape, against children under 13.

For too long sex crimes against children and teens were swept under a rug, especially if a relative or acquaintance was involved. That's changed, for the better. Society now wants to make sure predators are punished and that laws are in place to prevent them from repeating their crimes.

North Carolina legislators are to be commended for adopting tougher penalties for pedophiles and violent predators.

But they also should periodically review the laws they have adopted to make sure they're getting tough with the right people, and not preventing the re-assimilation of those who have the will and the conviction to become productive members of society. ..News Source.. by Star News Online