11-30-2011 Nebraska:
Brother Asks For Money To House Ross Shepherd
ORK, Neb. -- The York County Board of Commissioners has denied a request from a convicted sex offender's brother to reimburse him for costs incurred while accommodating his brother under house arrest.
The board on Tuesday denied Scott Shepherd's $25,000 claim for housing Ross Shepherd for 10 months last year.
Ross Shepherd has since been convicted of child sexual assault and is now serving a five-year prison sentence.
Scott Shepherd said the sheriff's department brought Ross Shepherd to his home because of his brother's serious medical condition. But Sheriff Dale Radcliff has said it was Scott Shepherd who made repeated requests for bond reductions and house arrest so he could personally care for his brother while awaiting trial. ..Source.. by KETV.com
November 30, 2011
Request For Sex Offender Care Reimbursement Denied
4th Graders In West Philadelphia Charged With Attempted Rape
11-30-2011 Pennsylvania:
Three 10-and-11-year-olds turned themselves into the Philadelphia Police Special Victims Unit Tuesday, and have been each charged with attempted rape and indecent sexual assault, WPVI reports.
The victim was an 8-year-old male classmate, whom the three allegedly attacked in a bathroom at West Philadelphia's Bryant Elementary School.
Capt. John Darby told the Associated Press the three boys were charged as juveniles and have been taken into police custody.
"I felt helpless," the victim's mother told WPVI. "It took him almost 7 hours to try to tell me what happened."
During the police investigation, school officials ordered all students travel to the restroom in pairs, and a school counselor met with every class to discuss inappropriate behavior, according to Philly.com.
Since the incident, the victim has been transfered to another school. ..Source.. by The Huffington Post
November 29, 2011
Marshall Frank: Just one click can lead to child pornography conviction
11-29-2011 National:
Imagine being a middle-aged man with a respectable job and good family. You have one weakness: pornography. One day, you receive an email with a hyperlink, clearly stating it's a graphic video with children in pornographic situations. Curiously, you click the link and download a site. A few days go by and you're suddenly whisked off to jail. All the decency within your life is erased by a single click of the mouse.
Worth it?
I know a 48-year-old man who is otherwise a fine and caring person with a clean record. He didn't know that law enforcement was monitoring downloads of child porn sites. All the cops had to do is identify his computer, its owner and its location. At 6:30 in the morning, a knock at the door derailed his life forever. Hauled off to jail, his computer was impounded and his residence searched.
Watching child porn on a computer can render a first-time offender a minimum sentence of five years in federal prison. The offenders are not limited to the low end of society. Arrests have been made of many in respectable professions, including teachers, clergy, attorneys and doctors.
There are facts that consumers (viewers) of child pornography on the Internet should know. The chances of getting caught are great because Big Brother is watching. When caught, the consequences will be life-changing. After prison, it requires registering as a felony sex offender. Finding a job will be tough. It will decimate a reputation.
The impact goes beyond jail. Innocent people often are subjected to fallout from the ripple effect. Spouses and other family members must often revert to welfare systems for support while living under a cloud of humiliation. Children have to face a shame in a school environment. Many families move to another state.
One little click.
While hard statistics are not available, there have been several reports around the country of child porn defendants awaiting trial who have committed suicide.
One might argue that the mere viewing of child porn is not nearly as egregious as the production and distribution for profit. That may be so, but the intent of lawmakers is to diminish the demand which (hopefully) would ultimately diminish the supply. So far, not so good.
The prisons are rapidly filling with consumers of child porn. While drugs and immigration offenses still comprise the bulk of federal crimes, the FBI claims that arrests for consumers of child porn have skyrocketed 2,500 percent since 1996, as new technology has allowed law enforcement to easily track sources of website downloads. The FBI has made more than 10,000 arrests for child porn since 1996. That doesn't include the thousands of arrests made by local and state law enforcement.
In federal prosecutions, the conviction rate is 95 percent. Inmates are not usually paroled until they've served at least 90 percent of their time.
For the cops, it's easy stats. Local police have stepped up their investigation of child porn viewers on the Internet. All it requires is technically savvy officers and a little patience.
Like fishing in a trout pond. ..Source.. by Marshall Frank is an author and retired Miami police detective who lives in Melbourne.
Attorney General's Office Warns Of 'Pedobear'
Another hysterical Attorney General. What other images will he want banned? Bunny Rabbits, religious symbols, etc... Violent or suggested violence I would like to see banned, but where do you draw the line?11-29-2011 New Mexico:
Images, Car Stickers Depict Cartoon Bear Some Find Inappropriate
ALBUQUERQUE, N.M. -- The New Mexico Attorney General's Office cautioned parents against an Internet image they said is really a sexual menace called the "pedobear."
It started out as a joke, but authorities said the bear has spiraled into something much darker and more evil than they could've imagined.
Some images depict the pedobear snatching a little girl, dangling a carrot over two children and joking about not using condoms.
"This is the most disturbing one of all, it has the bear and it says, 'Too young to talk, too young to testify,'" said Lynn Southard with the AGO.
Authorities said the bear actually started off as an image mocking pedophiles but that pedophiles have embraced the bear and are using the image themselves.
Southard said authorities have seen several cars in Albuquerque and southern New Mexico sporting large pedobear stickers. She said that other than getting the word out, there's not much the AGO can do.
It's not illegal to have a pedobear image in public, but that didn't stop members of the community from voicing their opinions.
"It's insane because you end up questioning everything, especially when you have children," said parent Chris Lopez.
"It's very scary, it's a very scary situation that's been brought to our attention that these vehicles are circulating around New Mexico," Southard said.
Authorities said some people may be sporting the pedobear symbols as a joke, but they said that doesn't make law enforcement take the images any less seriously. ..Source.. by KOAT.com
The PROTECT IP Act Is Very Real and Very Bad — Call Now to Block It
The PROTECT IP Act (PIPA) is the evil step-sister of the Stop Online Piracy Act (SOPA), the much-criticized Internet blacklist bill introduced in the House last month. They’ve got a lot in common — both bills would allow the government and private rightsholders to censor the Internet for Americans, and both bills have faced strong opposition from regular citizens, business leaders, and public interest groups.
In one way, though, PIPA is much worse: while SOPA is still in the House committee stage and has been the target of extraordinary public opposition, PIPA is already out of committee and poised for consideration of the full Senate. That means PIPA is a few dangerous steps further along in the process of becoming law. And with only a few weeks to go in this legislative session, the Senate may try to rush the bill through before the public has a chance to respond.
Nice try. Despite their efforts to push this through under the radar, folks who care about the Internet and innovation are tracking this bill and getting the word out. And we’re calling on you to help, in an old-school and very effective way: Pick up the phone.
Right now, the best response to this threat is to let your Senator hear your voice, explaining why you as a constituent think PIPA is such a bad idea. That’s why we’ve joined with many other public interest groups, including Public Knowledge, Fight for the Future, Demand Progress and others, in asking the public to call in to the Senate.
Even if you’ve already used our action alert (and thank you), please take a few minutes now and get on the phone with your Senator’s office. Let them know that Internet censorship is unacceptable.
Here are some talking points for you to mention during the phone call:
..For the remainder of this article.. by EFF
November 28, 2011
Sandusky charges bring focus on Pa. sex crime laws
11-28-2011 National:
HARRISBURG, Pa. (AP) — Plainly stated, the most serious of the 40 criminal charges lodged three weeks ago against Jerry Sandusky are that he sexually attacked young boys, subjecting them to anal and oral sex.
That may sound to many people like a case of rape, but police and prosecutors turned instead to a different section of Pennsylvania's criminal code for the most serious of the sex offenses the former Penn State assistant coach faces.
Each of those seven felony counts of involuntary deviate sexual intercourse carries a potential sentence of up to 20 years in prison, the same as rape.
The question of whether to "call a rape a rape," as New York Times ombudsman Arthur S. Brisbane put it last week, comes down to the finer points of Pennsylvania state law, discretionary decisions made by police and prosecutors and the necessarily politically charged language of sex in general and violent sexual offenses in particular.
Legal experts say the Pennsylvania definition of the two crimes overlap considerably, but the legal definition of involuntary deviate sexual intercourse, which pertains to anal and oral sex, any type of sex with an animal, and penetration with foreign objects, covers behavior different from a rape involving vaginal sex between an adult man and woman.
Forced anal sex can be charged as rape. It's not unusual for the two offenses to be lodged together for a single criminal act.
The decision about whether to charge rape or IDSI, as it is often referred to, can be a matter of courtroom tactics. Prosecutors sometimes worry that in scenarios such as the Sandusky allegations, where there has not been male-female vaginal sex, jurors can balk at declaring it rape.
"The layperson considers rape in terms of ordinary sexual intercourse," said northwestern Pennsylvania District Attorney Francis J. Schultz, president of the state prosecutors' association. "In Crawford County, we would choose the more specific offense if we were talking about anal or oral. We're going to charge IDSI. And it probably varies from prosecutor's office to prosecutor's office."
Gary Asteak, a criminal defense lawyer in Easton, prefers the term rape to involuntary deviate sexual intercourse for clarity's sake.
"Let's call it what it is," Asteak said. "IDSI is kind of a long term. ... It's a whole lot easier to say rape."
Even within the IDSI statute, there are different ways to charge. Sandusky's IDSI counts were filed under a provision that applies when victims are under age 16 and the perpetrator is at least four years older, but not the victim's spouse.
The grand jury report issued when Sandusky was charged Nov. 5 lists eight purported victims, all boys, none identified by name.
Involuntary deviate sexual intercourse was charged in relation to four of them: "victim 1," a boy he allegedly fondled and engaged in oral sex with; "victim 2," an as-yet unidentified child whom another coach reported seeing subjected to anal sex in the team showers; "victim 4," who prosecutors say became a fixture in the Sandusky household, and whom Sandusky is accused of trying to penetrate orally and anally; and "victim 6," also unidentified, who jurors said was seen by a janitor in the showers being subjected to oral sex.
The grand jury report said Sandusky performed oral sex on victim 1 more than 20 times in 2007-08, along with other allegations, but he was only charged with six total crimes in relation to that boy.
Bill Costopoulos, a defense attorney in Lemoyne, said those 20 separate allegations could have generated 20 counts, but there may have been other considerations when it came time to decide which charges to lodge.
"Once you start bringing in multiple counts, then the victim's going to have to get more specific with dates, times and places," Costopoulos said.
Asteak said prosecutors who file dozens and dozens of charges, which happens, can run the risk of being seen as piling on, and multiple counts can have diminishing value in the criminal court system when it comes time for sentencing.
"Sandusky has enough charges against him to put him away for the rest of his natural life, plus," Asteak said.
Sandusky also faces other charges for alleged acts that include touching a child's penis, grabbing a naked child in the shower and putting his hands down the waistband of a boy's pants without touching his genitals. The other counts are aggravated indecent assault, indecent assault, attempted indecent assault, unlawful contact with minors, endangering a child's welfare and corruption of minors.
If he is convicted of multiple charges for the same act, it's possible convictions on lesser offenses may merge when it comes time for sentencing.
He has denied the allegations against him, and a preliminary hearing is scheduled for next month.
The set of crimes in the Sandusky case, collectively, can be described appropriately as "child sex abuse," said Kristen Houser with the Pennsylvania Coalition Against Rape, which works with 51 rape crisis centers in the state and advocates on behalf of victims.
But she pointed to the use of "sex scandal" and "child abuse" in news accounts as an example of how imprecision in the language of sex crimes can serve to water down the seriousness of the allegations.
"What's ... important to us is that the sexual nature of the violations are included," Houser said. "When we see headlines calling it a 'Penn State sex scandal' — Tiger Woods, Bill Clinton, those are sex scandals. This is about sexual abuse of children."
She also said the children who police say were attacked by Sandusky should be referred to as "alleged victims" rather than "accusers."
Otherwise, she said, it "puts the onus back onto the alleged victim, and it helps put them under the spotlight. I believe it changes the focus (from) where it needs to be."
Her organization tries to defer to the people they serve when in making decisions about how to describe them.
"Some people will call themselves a victim, other people hate the word victim — 'I'm a survivor,'" Houser said. ..Source.. by MARK SCOLFORO
Moral ambiguity manufactures monsters
11-28-2011 Virginia:
If the Penn State downward spiral hasn't yet worked through all nine levels of hell, it is on its way. Perhaps a greater abomination is those who stood in the vestibule of hell watching a beast prey upon children. A microcosm of moral turpitude has tainted an entire community of good people.
Any organization that tolerates moral ambiguity gets more of it. Think about it. Any concept that isn't founded on moral certainty must, by definition, be ambiguous, the proverbial slippery slope. What was the moral certainty at Penn State football? Apparently it was winning games, happy alumni and large donations; everything else was ambiguous and negotiable. Now they will reap the whirlwind.
I have often said, "To know of wrongdoing and take no action makes you part of it." I have to amend that to reflect the failure of assistant coach Mike McQueary.
If his latest version of his actions in 2002 (when he saw a child being raped) is to be believed, he took some action, but insufficient action. Because he did too little he shares responsibility for every assault after 2002.
******
The casual conspiracy that allows a child molester to operate openly may have some explanation in the "bystander effect." It suggests that if people can separate themselves from responsibility by saying, "I've done what I can," or, "It is not my job," even decent people can acclimate to barbarity. Read the book "Ordinary Men," by Christopher Browning to see how easily morally bankrupt leaders can manufacture monsters.
There are many reprehensible examples of the bystander effect.
In 1964 Kitty Genovese was brutally murdered in a New York alley in an attack that lasted at least 30 minutes. Although some details of her extended murder are unclear, some people did see her, some people did hear her, and if they took any action it was not sufficient action.
In 1993 Kevin Carter took a famous photo of a tiny African child, a tiny starving child, literally nothing but skin and bones, lying helpless on the ground, a vulture in the background. Carter said he waited for the carnivorous bird to get into the right spot for his award-winning photo. The vulture waited for a meal. Carter waited for a photo. The doomed child waited for a human being to help him.
What is our moral certainty? What do each of us deem intolerable under any circumstances? On what principle will we risk our reputations, our careers, even our lives?
******
In 1972 U.S. Navy Petty Officer Michael Thornton and Lt. Thomas Norris, with a small team of South Vietnamese SEALs, were operating in the coastal jungles of North Vietnam. They were attacked by a much larger enemy force.
As they desperately fought their way back to the sea, Petty Officer Thornton lost sight of Lt. Norton. He asked a South Vietnamese SEAL where the lieutenant was. The SEAL said Norris was dead. As his Vietnamese allies retreated to the beach, Thornton fought his way back into the jungle. He would not abandon his lieutenant.
Thornton found the badly wounded Norris prostrate on the ground, two enemy soldiers nearby. Thornton killed them both, then waged a desperate battle to reach the beach while carrying his gravely injured officer. Thornton ran into the surf and swam out to sea, supporting his bloody comrade for hours until they were picked up by a friendly vessel.
Petty Officer Thornton's moral certainty would allow no other course of action, regardless of the risk, regardless of the consequences. This is the only occasion where the Medal of Honor was earned by saving the life of another Medal of Honor recipient.
Petty Officer Michael Thornton's instinct to live or die with his comrade was his moral certainty. It is the decision he will measure his life by. ..Source.. by John Chapman is a retired Army officer who often speaks on leadership in the Richmond area.
Assemblyman says allegations could aid reporting bill passage
11-28-2011 New York:
College Coaches and Professionals Reporting Act
For New York state Assemblyman James Tedisco, the one good thing that could come out of the Bernie Fine allegations is an increased awareness of child sexual abuse. Tedisco, along with fellow Assemblyman George Amedore, recently proposed the College Coaches and Professionals Reporting Act, a reporting law for college campuses.
If the bill were to pass, an adult member of the campus community could face up to one year in prison for failing to report either knowledge or suspicion of physical or sexual abuse to police. The bill has garnered bipartisan support in both the New York Senate and Assembly. Tedisco said he believes it may pass in December should the state convene for a budget session, and if not, by January 2012.
There is no mandatory reporting law on college campuses for abused children. With an increasing amount of programs bringing children and adolescents to college campuses for workshops and camps, Tedisco said he felt it was time for the bill.
Tedisco noted that the Fine allegations come after the Pennsylvania State University scandal, and he said oftentimes victims of abuse are inclined to speak up after hearing about others who have.
"When something like this opens up — it opens up a lot," Tedisco said.
Before serving as an assemblyman, Tedisco was a high school guidance counselor and coach. When he was deciding on a college to attend, Roy Danforth recruited Tedisco for the SU basketball team, but Tedisco ultimately chose Union College and graduated from there. Tedisco graduated from Bishop Gibbons High School in 1968.
When universities become involved in cases of potential child abuse, Tedisco said it makes sense for institutions to hold outside investigations rather than handle the matter themselves. Having outside law enforcement ensures a university's connection to a case does not affect the outcome.
"You can't let the reputation of a school go beyond protecting our children," he said.
About child abuse
Child maltreatment, as defined by the Centers for Disease Control and Prevention, is any act or series of acts of commission or omission by a parent or other caregiver that result in harm, potential harm or threat of harm to a child. Forms of child maltreatment include neglect, sexual abuse, physical abuse and emotional abuse.
The Onondaga County Child Abuse Hotline received more than 5,000 calls in 2010, and there were a total of 9,000 children suspected of being abused, according to information from the McMahon/Ryan Child Advocacy Center, located at 601 E. Genesee St. in downtown Syracuse.
If child abuse or maltreatment is suspected, call the New York state hotline at 1-800-342-3720 or the Onondaga County hotline at 315-442-9701. If a child is believed to be in immediate danger, call 911 or the local police department. ..Source.. by The Daily Orange
Marshall's proposed law targets child abuse
11-28-2011 Virginia:
The trauma and tragedy of the child sex-abuse scandal at Pennsylvania State University has inspired a Virginia lawmaker to take legislative action.
School coaches and athletic directors would be required to report child abuse or neglect to Virginia authorities under legislation proposed by Del. Robert G. Marshall, R-Prince William.
The legislation, detailed in House Bill 4, was filed by Marshall on Monday. If passed by the legislature and signed into law, it would apply to all public and private schools in the commonwealth, as well as “institutions of higher education.”
A separate bill filed by Marshall, House Bill 3, would include coaches and directors of private sports organizations and teams as among those required to report abuse.
Currently, Virginia law requires a number of professionals to report suspected child abuse or neglect to the Department of Social Services, including: doctors, nurses, social workers, probation officers, child-care workers, mental-health professionals, police officers, emergency services workers and public assistance workers.
The law also requires teachers and “any other person employed in a public or private school, kindergarten or nursery school” to report suspected abuse or neglect. But Marshall said that in light of the Penn State scandal, he felt it necessary to add to the law a specific reference to coaches and athletic directors and expand it to cover colleges and universities.
“You want unconditional clarity in there — to let the public know in no uncertain terms that what is a moral obligation is also a legal obligation,” Marshall said in an interview.
This month, Penn State and its football program were rocked by the indictment of its former defensive coordinator Jerry Sandusky on 40 counts of child sex abuse. Over 15 years, Sandusky is accused of abusing eight boys, including one assault in 2002 that was not brought to the attention of police despite evidence that university officials were aware of an accusation.
Athletic Director Tim Curley has been charged with lying to a grand jury and failing to notify police. Joe Paterno, the winningest coach in NCAA Division 1 football history, had been told of the 2002 incident but apparently did not notify authorities, was fired.
“Most people were shocked to learn that the Pennsylvania law was unclear on the duty imposed on coaches in such situations,” Marshall said. “Pennsylvania is toughening its state laws, and Virginia needs to do the same.”
Under Marshall’s legislation, failure to report an instance of abuse within 72 hours would be subject to a fine of up to $500 and fines of up to $1,000 for any subsequent violations. ..Source.. by Jim Nolan
November 26, 2011
Children need our help
While I have no real problem with what is said below, I am beginning to wonder if its time for newer studies to verify statistics. There have been many reports that, sexual abuse has been reduced some 40% between 1992 and 2000 (Source: 2004), is it still an epidemic? Or, are we just shocked at a few recent major cases, while very bad, may not be the norm. And, just so I am not misconstrued, children always need help as this article says.11-26-2011 National:
The Penn State child sexual abuse scandal is horrifying to us all. It is hard to imagine all the adults who knew and did little or nothing to protect the children who were in harms’ way. These adults could have saved so many children from rape and abuse if only they had done what was morally right.
That said, it needs to be understood that child sexual abuse has been a secret epidemic in our country for a very long time. This epidemic is one that adults can prevent. In the United States, one in four girls and one in five to seven boys(Source: 1994) is sexually abused.
I think it time to question these 1994 statistics given recent reports (2004) that sex abuse has come way down. So, are these numbers still correct today in 2011?For a long time we relied upon telling our children to protect themselves. Children are not developmentally able to overcome the threats, bribes and need for relationship with people they trust and may depend on for sustenance. There are always some children who will report abuse or feeling uncomfortable with someone’s behavior but at least 85 percent, even after they have been told to tell, will not, at least not while they are children.
Children often believe it is their fault and just as often do not want to get someone they care about in trouble. There are an endless number of reasons why children do not tell. Expecting children to protect themselves just has not and will not work. In truth, it is our adult responsibility to look after and protect our children from all kinds of harm, child sexual abuse included.
Just think how difficult it is for an adult rape victim to come forward to report what has happened. We need to recognize how much more difficult it is for a child to report a sex crime that he or she may not even have the vocabulary to describe.
We must know where and with whom our children are spending time. We must adequately supervise children when they are playing together. We have to be cautious when someone repeatedly wants to spend time alone with one of our children. Over 90 percent of offenders are someone well known to the family and the child. They may be part of an extended family member or a trusted individual like a coach, teacher, babysitter, minister or doctor.
One-third to one-half of those who sexually abuse children are youths themselves. About half the youths who have sexual behavior problems are between the ages of 10 to 14. Most do not grow up to be pedophiles but a few do. All of them would benefit from appropriate therapy, which thankfully is available in every county in Vermont. Reporting the suspicion of child to child sexual abuse may help both children significantly and many others over the years to come.
We must STEP UP and say when someone’s behavior with a child is making us feel uncomfortable. Intervening before abuse has occurred is better than waiting until after the fact. Support our children when they refuse to give a relative or family friend affection on demand. It teaches everyone that children do not need to follow others’ wishes for affection when they do not wish to give a kiss or a hug. It is OK to learn that refusing touch is an option from a very young age. Explain to your friend or relative why you are not insisting on your child’s compliance. If the other person cares about your child they will agree with you and accept that it is up to your child to be affectionate or not with anyone.
Use correct names for all body parts with children. Let guests in your home hear you say these words clearly and without embarrassment. This tells a “would be offender” that your child will be able to tell and be clearly understood. This simple act on the part of a parent can protect a child.
We can give children skills, such as asking for help when feeling mixed up and confused about anything: being assertive about their own body boundaries; feeling empathy toward others; feeling good about their bodies; and knowing that they can come and share anything at all with you or another trusted adult.
The well being and safety of children is a responsibility all adults must share. It is morally correct. We are all mandatory reporters in my view, although not by law in Vermont, at this time. If you believe that all adult Vermonters should be required to report the suspicion of child abuse and neglect, contact your state legislators and ask them to make our law reflect this basic principle.
Children need our help to be safe and to thrive. Please join me and STEP UP. ..Source.. by Linda Johnson is executive director for Prevent Child Abuse Vermont.
Northland College Takes Penn State Scandal To Heart
Colleges and universities nationwide are under scrutiny about how they address sexual assault reports.
Educators at Northland College are taking a second look at their reporting policy in light of the sex abuse scandal at Penn State.
Northland College, like Penn State, has policies in place to address reports of sexual assault or misconduct, according to Paul Skoraczewski. Skoraczewski is the Human Resources Director at Northland College. The difference, he says, is the failure of Penn State administrators to follow through on them.
“It really comes back to all of us acting in concert to do the right thing every time. While our hearts go out to the victims at Penn State, our minds are focused on preventing these things from happening at Northland,” Skoraczewski says.
Northland College President Mike Miller says the Penn State cover-up has prompted Northland to take a second look at its reporting policy. Northland College operates under the federal law Title 9. The law prohibits gender discrimination and also covers reports of sexual assault in higher education.
“We’ve spent some time here again making sure that everything is thorough. Title 9. There are constant changes in that so we have been doing some workshops and solidifying our processes. The onus is on the individual to follow through,” Miller says.
Michele Meyer is the Dean of Student Life at Northland. Meyer says faculty and staff at Northland under went training in July on how to report any incidents of abuse. She adds all have a responsibility to report cases of sexual assault.
“As you see something, as you experience something as you hear something that you know, who you should bring it to and that you bring it to them. Follow up and ask for action. We all have a responsibility as a community to try to be healthy and to bring theses issues forward and deal with them,” Meyer says.
Northland College has had zero reported instances of sex offenses in the last three years, according to annual reports in compliance with the federal Clery Act.
The Clery Act requires educational institutions that use federal student aid to report crime on and around their campuses. It was named after Jeanne Clery, a Lehigh University freshman who was raped and murdered in her dorm room in 1986.
After her murder, it was disclosed that there had been 38 violent crimes on that campus in the previous three years. ..Source.. This article was completed by Amber Mullen, a news intern at Northland College radio station WRNC.
November 25, 2011
New Bill in Congress: Campus SaVE Act and Recent College News Reports
For a one page summary of the Campus saVE Act11-13-2011 National:
One recent news report "The Molester Next Door" ends with wondering if the college should have done a better job of following up on past report about a former assistant football coach. The essence being a question of college Policy if such exists and who is responsible for what and when, on issues of violence and sexual acts on campus. See "The Current Handbook for Campus Safety and Security Reporting" for further information..
Suggested Amendments: Bills are focused on "Violence Against Women" but, men and minors on campus need to be addressed as well, and absent is appropriate therapy, or referrals, when possible, for those deemed offenders under college policy.The bills' essence (Yellow Highlights Below) is to amend 42 USC § 1092 Institutional and Financial Assistance Information for Students (Institutional Information portion). Our suggestions and the bill command colleges to do a better job of tracking reports of sexual acts, reporting to authorities when appropriate, and provide training programs for students and staff. So the essence seems logical and correct if colleges are not now doing a good job, or their policies are inadequate as to informing employees of what they are to do under different circumstances.
First, the bills' Congressional Findings which I have tried to verify:
(1) Between 20 and 25 percent of female students will experience some form of sexual assault during their years at an institution of higher education, and nearly 3 percent of all such women become victims of either attempted or completed rape in each 9-month academic year.
(2) Multiple studies indicate that lesbian, gay, bisexual, and transgender (LGBT) students are more likely to experience violence and threats of violence, including sexual violence, than their non-LGBT peers.
(3) Between 85 and 90 percent of reported sexual assaults against female students at institutions of higher education are perpetrated by someone known to the victim, and nearly half of such sexual assaults occur on a date.
(4) Less than 5 percent of rapes or attempted rapes of female students at institutions of higher education are reported to campus authorities or law enforcement. In 2009, only 2,578 forcible sex offenses and 68 non-forcible sex offenses that occurred on the campus of a 2-year or 4-year institution of higher education were reported, among 8,476 2-year and 4-year public and private institutions of higher education. (These numbers, and those for other crimes on campus, can be found at this LINK [scroll down page to "Summary Crime Statistics"])
(5) Students are more likely to report a sexual assault when they know how to report a sexual assault and how a school will respond if such a report is made, yet fewer than half of the institutions of higher education in the United States have written policies for filing criminal charges and campus reports related to sexual assault.
(6) Only 1/3 of the institutions of higher education in the United States report their crime statistics correctly, resulting in statistics in which instances of sexual assault have been misclassified and underrepresented. Less than half of all institutions of higher education in the United States offer any sexual assault training, and such training is often provided only for resident advisers and security officers.(7) Thirty-six percent of institutions of higher education offer safety training that includes teaching students how to prevent and defend against sexual assault.To find what crimes have occurred (i.e. REPORTED) on any college campus in the nation, use this tool and follow their instructions.
(8) Less than 20 percent of institutions of higher education educate students about acquaintance rape, and less than half of 4-year public institutions do so.
(9) According to campus administrators, the reporting of sexual assaults would be facilitated if institutions of higher education provided services for victims, written law enforcement response procedures, new student orientation, and campus-wide publicity about past crimes.
(10) While dating, domestic, and sexual violence affect women regardless of their age, teens and young women are especially vulnerable.
(11) Women of all ages are at risk for domestic and sexual violence, and women ages 20 to 24 are at the greatest risk of experiencing nonfatal intimate partner violence.
(12) Individuals ages 18 and 19 experience the highest rates of stalking.
There isn't much that can be said at this point, other than, events of the day show a need for change in College Policy and Enforcement, which this bill tightens up on colleges in many respects.
I am suggesting that folks SUPPORT this bill, and our suggestions, and contact their Representatives and Senators in Washington DC, asking them to amend and make this bill law as soon as possible.
For now have a great day and a better tomorrow.
eAdvocate
Women Against Registry have reviewed these suggestions, and forwarded this comment: This bill (as introduced in both chambers) is both acceptable and needed, on its face. Advocates in this movement should keep an eye on it, however, and protest any unreasonably biased and potentially harmful language that might make its way in via amendments during the process.
November 24, 2011
PSU bans JoePa's wife from pool
The wife of former Penn State head football coach Joe Paterno will have to find a new place to swim after school officials decided to ban her from the university pool.
A source close to the Paterno family told The Harrisburg Patriot-News that Sue Paterno was informed Wednesday she would no longer be welcomed at the school's facilities, adding that no reason was given.
When asked to comment by The Patriot-News, Penn State spokesman Bill Mahon said, "I have heard nobody discuss this."
According to the family source, the wife of the 84-year-old iconic head coach used the Penn State facilities daily to swim and workout.
The Paterno family has remained mostly out of sight since the child sex abuse scandal involving former assistant football coach Jerry Sandusky engulfed the State College campus earlier this month.
Paterno and university president Graham Spanier both lost their jobs in the immediate aftermath, while athletic director Tim Curley and vice president Gary Schultz were both charged with perjury for allegedly lying to a grand jury and for failing to report suspected child abuse.
Sandusky, 67, is accused in a 40-count indictment of sexually assaulting eight boys over a period of 15 years. He has maintained his innocence. ..Source.. by FOX Sports
November 23, 2011
Paroled Level 3 sex offenders should be photographed every three months, Schumer says
This is plain dumb, a person can change their appearance in minutes, glasses, fake hair or beards, and dozens of other ways. This does nothing but waste money and cause extra work and more ways for the registry to become even more useless. Police will have to set aside time to take the pictures, including further updating of registry records. "Time is money."11-23-2011 New York:
Utica, NY – The U.S. Justice Department should require states to take mug shots of paroled Level 3 sex offenders every three months to make sure offenders who miss parole meetings or break other sex registry rules can be quickly found, New York’s senior U.S. senator said this morning.
Sen. Charles Schumer, D-NY, called for the change at a news conference this afternoon in Utica, where law enforcement officials are holding a Level 3 offender who is suspected of raping and killing a Utica motel keeper while authorities, publicizing an old picture, sought him for skipping a parole meeting.
Schumer also announced his support of two bills now before Senate committees that would beef up the U.S. Marshals Service’s ability to help local authorities seek missing Level 3 offenders.
The push came a little more than two weeks after authorities caught up with Robert Blainey. A Level 3 sex offender on parole from prison, Blainey missed a meeting in October with his parole officer. Officials, seeking the public’s help in finding him, released a dated photo of Blainey showing him with a shaved head and face and wearing glasses.
Blainey was taken into custody Nov. 7 by Pennsylvania state police after he was stopped while driving a car owned by Linda Turner, a Utica motel keeper founder murdered in late October. A mug shot taken after the arrest showed him with a full head of hair and a goatee.
Blainey is being held on a parole violation charge while the Oneida County district attorney’s office prepares to ask a grand jury to indict him on murder, robbery, burglary and rape charges in the Turner case, District Attorney Scott McNamara said.
Under Schumer’s proposal, Level 3 sex offenders would have to be photographed every three months at their required meetings with their parole officers and the photos shared with law enforcement agencies. Doing so would ensure that recent pictures would be available to help search for a paroled Level 3 offender who goes missing, Schumer said.
“It’s common sense and would be a big help in making sure we track criminals down before they strike again,” Schumer said.
The Justice Department already has the authority to require the photos as a condition of the Justice Assistance Grant funding that it distributes. States that do not comply with JAG rules risk losing 10 percent of their JAG funding, Schumer’s office said.
Schumer sent a letter this morning to the Office of Justice Programs requesting the change.
The additional authority sought for the Marshals Service would require new laws and Schumer this afternoon endorsed two bills being studied in the Senate.
One, introduced by Sheldon Whitehouse, D-RI, would give the service the authority to help local law enforcers who seek its assistance in finding sex offenders. The other, sponsored by Jeff Sessions, R-Ala., would let marshals subpoena documents and family members that could help locate missing sex offenders. ..Source.. by John Mariani / The Post-Standard
The Penn State Scandal: 7 Facts About Child Sex Abuse
National statistics reveal a decline in child sex abuse, but numerous cases remain unreported and victims’ suffering persists. In light of the Penn State scandal, experts weigh in on the facts of child sex abuse today.
Though the Penn state sex abuse scandal continues to roil the country, statistics indicate a decline in child sex abuse in the U.S. over the past 20 years.
Incidents of child sex abuse dipped 61 percent since 1992, according to the U.S. Department of Health and Human Services. Another group found 65,700 child-abuse cases in 2009 in comparison with roughly 150,000 cases in 1992.
Executive director of the National Children’s Advocacy Center, Chris Newlin, says these numbers surprise even frontline professionals.
“These are amazing statistics that I think a lot of people have a hard time believing, in part because they’re not often discussed,” he said.
Newlin points to an increase in detection rates of abuse as proof of progress. But the fight isn’t over. “As a country we shouldn’t be satisfied until the rate of reported incidents drops 100 percent,” he said.
Unreported Incidents Complicate Statistics
Experts admit that the hesitancy to report child sex abuse makes it harder to effectively quantify. “There’s an ongoing debate about the accuracy of these numbers,” said executive director of a child-abuse prevention nonprofit, Dr. Michael L. Haney.
Haney sees a cyclical problem with defining sex abuse and applying that definition across the country.
“Many of the individuals [involved in the Penn State scandal] met the laws required by the state when it came to reporting incidents at that time,” he said.
Haney hopes the Jerry Sandusky case will send a message that moral obligations should weigh as much as legal ones.
There are other complications that vary from state to state when it comes to reporting cases to child-protective agencies. One example that struck sociologist and research center director David Finkelhor is that abuse by coaches or priests can be harder to track in some states that limit investigations to perpetrators who are caretakers.
Rates of Recidivism Among Child Sex Offenders Are Lower Than Expected
“People often estimate that 90 percent of committed sex offenders reoffend, but the numbers are not as high as they fear,” said Maia Christopher, executive director at the Association for the Treatment of Sexual Abusers. ATSA found only 23 percent of child molesters were charged with another offense within 15 years of being released from prison in a 2004 report. The highest recidivism rates were found among extrafamilial child molesters whose victims were boys—30 percent in 15 years. Individuals with more than one sex-offense conviction were twice as likely to offend again.
“Sex offender” is a legal term that applies only when someone is convicted in a court of law. Sandusky is not yet a recidivist for this reason. There is, however, sufficient evidence to classify him under the clinical term “pedophile.”
A shocking 40 percent of men on U.S. sex-offender registries could be classified as pedophiles, according to Jill Levenson, professor of psychology at Boca Raton’s Lynn University.
“Those with male victims tend to be more prolific offenders,” she said.
For the remainder of this report: by Lizzie Crocker
Iowa Child Sex Abuse Laws Could See Changes
11-23-2011 Iowa:
MASON CITY, IA - Iowa's child sex abuse laws could be expanding this legislative session.
Recent events at Penn State University are causing state leaders to reconsider everything from who is considered a mandatory reporter to the steps they take to alert officials.
Last year the Iowa Legislature created a task force charged with finding ways to better protect children from sexual abuse. Now that task force is coming up with some changes they hope lawmakers will implement this session.
“We always wait until something bad happens to a child,” said Duffy Weitzel.
Weitzel is a child advocate and says the state's laws need adjusting.
“There's a lot of loopholes in the laws and we need to protect our children by going back and amending some of the old law,” said Weitzel.
That's what the Iowa Child Sex Abuse Prevention Task Force hopes to do. The group could recommend changes that would add college officials to the list of those required to report abuse, as well as require school districts to report abuse by teachers to authorities beyond the state licensing board.
“Laws always need to be reviewed and that's something that hopefully our legislative people will go and talk to the people in the field and they can learn firsthand those loopholes that are out there,” said Weitzel.
“The Penn State incident certainly reinforces the need to make sure mandatory reporters meet their legal obligations and put the safety of children first,” said Steve Scott, task force chairman.
Scott says compared to other states Iowa's child abuse laws are stricter than most, but there's always room for improvement.
“Right now if someone is running a summer camp there might not be a responsibility to report or some other areas that are somewhat related to the problems at Penn State,” said Scott.
Above all, Scott hopes the task force's actions make reporting child abuse a core moral conviction.
“The responsibility they have is to the child and it's not to concerns over what the fallout might be for themselves or for somebody else or the reputation of their institution,” said Scott.
Something Weitzel agrees with.
“Let the people who do the investigations make that judgment then you've done everything you can possibly do and that is always a good feeling,” said Weitzel.
The task force will meet again in December to finalize their recommendations before presenting them to lawmakers in January. ..Source.. by KimtTV.com
November 22, 2011
Report: Va campus sex crime arrests are rare
11-22-2011 Virginia:
RICHMOND, Va. (AP) - A newspaper's analysis of sexual assaults on seven Virginia college campuses shows arrests and convictions are rare, in part because half the women who report attacks decline to pursue charges.
The Richmond Times-Dispatch (http://bit.ly/styfOp ) reports that campus police at the seven schools investigated 62 reported sex crimes from 2008 through 2010, with just seven resulting in arrests and four in convictions. The rate of arrests and convictions for campus sex crimes is well below the national and state averages for reported sex crimes at large.
Campus police and prosecutors serving the Virginia localities where the colleges reside say 50% of victims either refused to cooperate with police or didn't want their assailants charged or prosecuted. ..Source..
Oops! Wrong Names Posted on Ohio Sex Offender Site
11-22-2011 Ohio:
Nov. 21--False information related to thousands of people's names was published erroneously on the state's sex offender registry website recently. Authorities attributed the mix-up to a test of the site.
Huron County Sheriff's Sgt. Lisa Schaffer, who oversees sex offender registration for the county, said the mix-up was related to some technical issues from Ohio Attorney General Mike DeWine's office, but she didn't know if there had been any information published about any local people.
Schaffer referred further questions to the attorney general's office (AGO).
"From what I understand, there is no immediate way to determine whether anyone from Huron County was affected since the correction was made all together at once," said AGO public information officer Mark Moretti.
"This happened because of an error by a company redesigning the website; it was doing a test, but accidentally posted the page live. The AGO noticed the problem and had it corrected. None of the names listed were unrelated to the sex offender registry; that is, of the individuals (who) were displayed incorrectly, all were convicted sex offenders. But some were no longer to be listed because of changes in their status," Moretti said.
Ellen Shores, of Families Against the Registry, discussed this mix-up with the Reflector.
"People who had fully served their time and by law were no longer required to register found their profiles suddenly publicly listed. Others were incorrectly reclassified as (sexual) predators and Tier III offenders, which they were not."
People called the attorney general's office as early as Oct. 18, "loudly complaining" but, as of Oct. 22, when her organization sent a press release, the problem has not been corrected, Shores said.
"Some people have been on and off the registry several times over the week," she said.
A Mansfield-based organization, Families Against the Registry, is a newly-formed group of people opposed to the sex offender registry.
"We are the family members of registered sex offenders and are currently filing to become a 501(c)(3) nonprofit," Shores said.
Families says its mission is "to restore the unalienable rights of life, liberty and the pursuit of happiness for United States citizens who have a sex crime in their past, as well as their family members. We shine a light on the human face of repressive registry schemes, advocate for registry reform and mobilize individuals and families whose lives are adversely impacted by unjust registry laws."
Shores blamed the mix-up on a third-party vendor, Watch Systems, LLC.
Watch Systems controls many of the nation's state sex offender registry databases.
"The attorney general contracts its sex offender database, Internet and community notification services to this out-of-state private company," Shores said.
"Ohio pays Watch Systems over a half million dollars each year to manage its sex offender data. Watch Systems is also the parent company of several additional companies, including Family Watchdog and the Notification is Protection Foundation," she said.
On its website -- watchsystems.com, Watch Systems describes itself as "a leading technology partner and consultant to law enforcement nationwide" and "the industry innovator in sex offender registration, management and community notification."
Offender Watch, officially endorsed by the National Sheriff's Association, is Watch's "sex offender management solution (which) has been in use in hundreds of local and state agencies of all sizes for over a decade," according to the Watch Systems website. The site also says Offender Watch "is regularly updated to incorporate the latest user group input and legislative changes."
Shores said she isn't surprised Ohio's registry was in shambles.
"Contracting registry services to a for-profit company puts sensitive information in the hands of a business whose primary goal is to perpetuate the registry and make money. Watch Systems and the Ohio attorney general do not seem to care that when you list a man on the registry his wife and children suffer," she said. ..Source.. by Cary Ashby, Norwalk Reflector, Ohio
Man pleads not guilty after failing to comply with sex offender registry
Unfortunately, unless this guy has a GREAT attorney, he will be convicted of failure to register. That letter from the other state is only good in that state, and not in any other. see USA v Shenandoah (see note in yellow). However, this case can be won if the attorney argues: State Forms fail to advise registrant of what to do under this circumstance, and the letter also failed to advise him.11-22-2011 Vermont:
BENNINGTON -- A man with ties to multiple states who police say was living in Vermont for a period of time without registering as a sex offender had another $1,000 bail placed on him Monday for allegedly still failing to register.
____, 57, was arraigned in late October where he pleaded not guilty in Bennington Superior Court Criminal Division to a charge of failing to register as a sex offender within a certain amount of time after changing his address. On Nov. 8 he posted bail and was released.
On Monday, ____ pleaded not guilty to a felony count of failing to comply with the registry.
According to an affidavit by Trooper Scott Dunlap, of the Vermont State Police, on Nov. 17 he was asked by the Bennington County State’s Attorney’s Office to check and see if ____ had registered. Dunlap said he contacted Bonnie Goodie, the Vermont Sex Offender Registry coordinator, and found ____ had not contacted her.
Dunlap said ____ has been in Vermont since Oct. 14. He was required to register as a resident within 10 days, according to Dunlap.
Dunlap said he met with ____ at a hotel in Shaftsbury where ____ told him he thought he was instructed by a judge to wait on registering until his situation was sorted out. When he was first arrested he showed police paperwork from a Wyoming court saying he no longer needed to register.
He has lived in Wyoming and Montana previously. ..Source.. by KEITH WHITCOMB JR., Staff Writer
In wake of sex abuse allegations, new rules for state hospitals
Staffers accused of sexual abuse at the state's psychiatric hospitals must now be transferred or put on emergency leave while they are being investigated, according to new rules issued last week by the Department of State Health Services.
The new rules come in the wake of allegations that Dr. Charles Fischer , a former child psychiatrist at Austin State Hospital, sexually abused patients at the facility. While the state investigated him, he continued to work in the same hospital unit where the abuse is said to have taken place.
The mandate is among more than a half-dozen new rules outlined in a memo written last week by Mike Maples , assistant commissioner for mental health and substance abuse services. The memo, which was sent to the superintendents at all 10 state hospitals, laid out changes on how staffers conduct themselves around patients and how they deal with sexual abuse complaints.
The department is also reviewing any past or present allegations of sexual abuse levied against employees and is looking for patterns of repeated investigations.
"We have a responsibility and duty to ensure a safe treatment environment for patients and staff," Maples wrote in his memo. "Recent events have identified opportunities to provide additional protection for both patients and staff."
Fischer has not been charged with a crime by any law enforcement agency. The Austin Police Department is investigating, and the Travis County district attorney's office says it is preparing several cases for the grand jury. Officials say the state received at least eight allegations against the psychiatrist over the past decade.
Fischer's attorney, Tony Cobos , has said that they "categorically and vehemently deny any allegations of misconduct."
Fischer, 59 , was fired Nov. 14 , three weeks after the Department of Family and Protective Services told hospital officials that the psychiatrist had been involved in two instances of sexual abuse with at least one patient.
During the five-month investigation into the accusations, Fischer continued to work at the hospital.
But Department of State Health Services spokeswoman Carrie Williams said Austin State Hospital Superintendent Carl Schock placed multiple restrictions on Fischer's interaction with patients. Among other things, he was ordered not to have patients in his office or other isolated areas with the door closed; not to conduct individual therapy sessions beyond the hours of 8 a.m. and 5 p.m.; and not to touch a patient in any way unless assisting in an emergency situation or procedure.
On Friday — two days after the Austin American-Statesman reported the allegations against Fischer — Maples distributed a memo outlining new procedures to be implemented in all of the hospitals. Among them:
• Staffers may not provide unplanned individual therapy outside usual times unless two staff members are in the immediate vicinity.
• Therapy or treatment room doors may not be locked during sessions.
• Staff may only provide individual treatment services in rooms with windows or other locations where they can be directly observed by other employees. If windows are not available in therapy rooms, staffers can leave the door open or take patients to other campus locations, such as a picnic table or park bench.
• All Class I abuse allegations — which includes sexual abuse or very serious physical abuse — must be reported to Maples' office immediately.
"With the benefit of hindsight, we're looking at what we could do differently," Williams said. "We can always do more. We always want to be looking for ways to make our patients safer and reduce risk for abuse."
The Texas Youth Commission, which went through an agency shake-up after a sex abuse scandal in 2007, changed many of its comparable procedures directing how staffers behave around juvenile offenders, spokesman Jim Hurley said . For instance, in recent years, Youth Commission facilities have installed more than 12,000 digital cameras so that no area is unwatched.
"If we get an allegation, we can go immediately to the cameras," Hurley said. The images can be viewed immediately by facility superintendents, agency inspectors and administrators, even if they're located miles away in Austin.
In addition, all solid wooden doors have been replaced with doors with windows, and offenders entering psychiatric counseling sessions are observed through the windows by a correctional officer, Hurley said. The only time a juvenile offender would be expected to meet after-hours with a staffer would be "for a crisis only, and not just with a single person," he said.
Finally, "if there is an allegation of sexual abuse, and we can't immediately confirm or deny it, then the accused staff would be reassigned until the investigation is done," Hurley said.
Austin Child Guidance Center , a nonprofit group that provides mental health services for youth and their families, follows the same kind of procedures.
Executive Director Russell Smith says there are no after-hours sessions, staffers have to treat patients on-site and at least two people have to be in the immediate area during treatment.
"I don't think our therapy room doors even have locks," he said. ..Source.. by Andrea Ball and Eric Dexheimer, AMERICAN-STATESMAN STAFF
Virginia sex offenders climb roof to protest treatment
11-22-2011 Virginia:
RICHMOND, Va.—Authorities say two sex offenders climbed onto the roof of a psychiatric facility with nooses around their necks to protest conditions at the facility.
Their protest led to a standoff that lasted more than three hours Monday. It ended without incident when the men climbed down and shook hands with police and officials.
They had fashioned the nooses out of bedsheets.
State Police Sgt. Thomas Molnar says the men were not immediately arrested and were assessed by medical personnel.
Several offenders at the facility have complained privileges like outside recreation have been scaled back.
The nearly 300 offenders at the facility were sent there after finishing their prison sentences because the courts found they had a mental disorder that made them likely to offend again. ..Source.. by Dena Potter
November 21, 2011
Colorado - Some Local Police Overcharge for Registration Fees
11-21-2011 Colorado:
It has come to the attention of both CO-CURE and AFC that several law enforcement agencies (city and county) are failing to comply with the provisions of HB11-1278 which was signed in to law by Governor Hickenlooper on May 27, 2011.
They are still charging fees in excess of the $25 stipulated in the Act for reregistering, and in some instances, are actually charging in excess of the $75 initial registration fee.
The key provisions of concern are - Section 6 pertaining to C.R.S. 16-22-108
16-22-108. Registration - procedure - frequency - place - change of address - fee.(1) (b) Except as otherwise provided in paragraph (d) of this subsection (1), each person who is required to register pursuant to section 16-22-103 shall reregister WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER the person's first birthday following initial registration and annually WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER the person's birthday thereafter. Such person shall reregister pursuant to this paragraph (b) with the local law enforcement agency of each jurisdiction in which the person resides WITHIN FIVE BUSINESS DAYS BEFORE OR AFTER his or her birthday, in the manner provided in paragraph (a) of this subsection (1).(7) (a) A local law enforcement agency may establish a registration fee to be paid by persons registering and reregistering ANNUALLY OR QUARTERLY with the local law enforcement agency pursuant to the provisions of this section. The amount of the fee shall reflect the actual direct costs incurred by the local law enforcement agency in implementing the provisions of this article, BUT SHALL NOT EXCEED SEVENTY-FIVE DOLLARS FOR THE INITIAL REGISTRATION WITH THE LOCAL LAW ENFORCEMENT AGENCY AND TWENTY-FIVE DOLLARS FOR ANY SUBSEQUENT ANNUAL OR QUARTERLY REGISTRATION.
(b) THE LOCAL LAW ENFORCEMENT AGENCY MAY WAIVE THE FEE FOR AN INDIGENT PERSON. FOR ALL OTHER PERSONS, THE LOCAL LAW ENFORCEMENT AGENCY MAY PURSUE PAYMENT OF THE FEE THROUGH A CIVIL COLLECTION PROCESS OR ANY OTHER LAWFUL MEANS IF THE PERSON IS UNABLE TO PAY AT THE TIME OF REGISTRATION. A LOCAL LAW ENFORCEMENT AGENCY SHALL ACCEPT A TIMELY REGISTRATION IN ALL CIRCUMSTANCES EVEN IF THE PERSON IS UNABLE TO PAY THE FEE AT THE TIME OF REGISTRATION.
(c) A LOCAL LAW ENFORCEMENT AGENCY MAY NOT CHARGE A FEE TO A PERSON WHO PROVIDES AN UPDATE TO HIS OR HER INFORMATION PURSUANT TO SUBSECTION (3) OF THIS SECTION.
There may be an issue as to whether moving within the State to a new law enforcement jurisdiction would require payment of an "initial" registration fee versus the maintenance fee. It can be anticipated that some law enforcement jurisdiction will attempt to claim such.
Source: Colorado CURE via e-mail
November 20, 2011
Mich. congressman: Distant relative’s sex abuse claims 50 years ago are ‘false and shameful’
According to Kildee's Bio he was born in 1929 making him 82 today. If the alleged abuse occurred 50 years ago, he was 32 then. Whether true or not the statute of limitations has run. I expect we will see many claims like this now that Penn State case has surfaced.11-20-2011 Michigan:
WASHINGTON — A Michigan congressman on Sunday fiercely denied allegations by distant relatives that he sexually abused a then-12-year-old second cousin several decades ago.
U.S. Rep. Dale Kildee, a Democrat who has represented his hometown of Flint and the surrounding area for 34 years, issued a statement calling the 50-year-old allegations “completely false and shameful.” The Washington Times (http://bit.ly/saNwyI ) first reported the allegations and posted on its website video interviews with the alleged victim’s mother, stepfather and sister.
Kildee, who plans to retire next year, accused the relatives of working with “political adversaries to destroy my reputation by lying about something that never took place.”
The congressman said the allegations surfaced during his last congressional race but were rejected by authorities and news organizations. They have apparently resurfaced in an effort to win the open seat in 2012, Kildee said.
Kildee charged that the accusers may have been motivated by blackmail and that he made a formal report to the FBI when one of the relatives asked him for money and federal benefits.
Kildee also distributed a copy of a letter, dated Jan. 12, 1988, which he says is the last communication he has had with his second cousin, the alleged victim. The letter addresses the congressman as “My Dear Cousin Dale” and asks for assistance in combating hunger in Zimbabwe.
The newspaper story names but doesn’t quote the alleged victim. The Associated Press was unable to reach him or his relatives for comment on Sunday. ..Source.. by Washington Post
Some Virginia sex offenders held long after sentence up
Sounds like lawyers need to be filing a Motion to Show Cause in every case that goes beyond the time limits.11-20-2011 Virginia:
RICHMOND, Va. — Having already served their sentences, hundreds of Virginia sex offenders are held behind bars for months — some for years — while waiting to see whether they'll be sent to a psychiatric center indefinitely, an Associated Press review has found.
Judges acting on the requests of both prosecutors and defense attorneys routinely shrug off the legal deadline for making that decision, leaving the inmates in limbo well beyond their designated punishment and without access to the very kind of treatment the state says they may need.
Attorneys and authorities blame the delays on court backlogs and note that in some cases, the postponements benefit the inmates.
Either way, the result is that just one out of six cases gets decided by the deadline, which the law says should be extended only for "good cause," according to figures obtained by the AP through a series of public records requests.
Virginia and 19 other states allow certain sex offenders to be detained at psychiatric facilities after their sentences are served if they have a mental disorder that would make them more likely to offend again. In Virginia, the Attorney General's Office files a civil petition to deem someone a sexually violent predator, and a judge and jury decide whether the offender should be committed.
Lawmakers set a 210-day timeline so that the court cases would be completed around the time the offender's prison sentence is over.
But a review of court documents and more than 400 filing records shows that only 73 of the 436 petitions filed from the program's beginning in 2003 through the start of September were finalized within that seven-month window.
The slow track of these cases "threatens to eviscerate the meaning of due process," attorneys for sex offender Galen Baughman argue in a filing to the Virginia Supreme Court challenging the practice.
Baughman was supposed to be released from prison in November 2009 but remains in segregation in an Arlington jail.
"While awaiting trial on this purportedly 'civil' case, Mr. Baughman has effectively served a new sentence, the length of which now exceeds the actual prison terms for certain convicted felons," the attorneys wrote.
Of the 364 cases that have been completed, one took more than six years to wind through the courts, another took five years and four others took more than three years. An additional 13 cases took more than two years to be settled. The average case took just over a year, or about five months longer than is outlined in the law.
Of the 72 cases that remain pending, one has been unsettled for more than four years, four for more than three years and eight others still had not been finalized after two years. Another 16 were filed more than a year ago.
The Attorney General's Office said it would charge the AP at least $11,000 to answer a Virginia Freedom of Information Act request for data that included specific information on the amount of time offenders were held beyond their prison release date. The state Department of Behavioral Health and Developmental Services provided a similar database promptly and at no cost.
"If these things aren't taken seriously by the Attorney General's Office and if they're not enforced by the courts, then whatever their intention is on paper, it's not being met and people are being punished a second time," Washington attorney Eugene Gorokhov said of the timetable outlined in the law. "The judges need to realize that these requirements that were put in by the Legislature were put in for a reason, and they need to enforce these things stringently."
Gorokhov represents Baughman, who at 19 pleaded guilty in 2003 to carnal knowledge for having sex with a 14-year-old and for aggravated sexual battery for sexual contact with a 9-year-old when he was 14. He also pleaded guilty to obscenity for sending another teenager a lewd photo.
Like in other cases, some of the five delays were requested by Baughman's attorneys, including one so that his parents could come up with the money to hire an expert. Others were at the request of the state, including one for the surprise retirement in July of the assistant attorney general who led the division that pushed back Baughman's trial from August until March.
The Attorney General's Office argues that speedy trial rights don't apply in such cases — these are civil rather than criminal proceedings.
Also, most delays are on behalf of the offenders, while very few are at the request of the Attorney General's Office, spokesman Brian Gottstein argued.
Virginia law says that trial extensions are allowed only for "good cause," but it does not cap the number of continuances and contains no consequences for judges or attorneys who continuously delay the cases.
In another court challenge, attorneys for Jack Harvey argued his continued imprisonment was unconstitutional because he was held in prison and the U.S. Supreme Court has said civil commitment is constitutional only if the detainment is for treatment — not further punishment. Harvey, who has been in prison since 1997 for sex crimes, was supposed to be released in October 2010.
Harvey's attorney, Terry Marsh, argued that he should have been moved to another facility rather than held in prison. Last month, a Circuit Court judge rejected that argument, saying the law had been upheld.
It makes sense to hold the offenders in prison, Department of Corrections Director Harold Clarke said, because an offender who may have done well during his sentence may become an escape risk if he is facing the possibility of indefinite detainment in a psychiatric facility.
Del. David Albo, chairman of the House Courts Committee that wrote the civil commitment law, said while it was not intended for offenders to languish in prison after their sentence is over, he knows of no alternative.
"If there's probable cause to believe the person is a sexually violent predator, then I don't think anybody but these people would have a problem holding them after their release date," he said. "That's not the way it's supposed to work in a perfect world, and nothing's perfect." ..Source.. by Dena Potter
November 19, 2011
States consider legislation to track sex offenders at nursing homes
11-19-2011 Tennessee:
MEMPHIS, TN - (WMC-TV) - There's enough to worry about already when you put a loved one in a nursing home, but have you ever thought about the registered sex offenders who live there? Some states are considering legislation to warn potential tenants of the risk of moving in.
Wes Bledsoe is the founder of A Perfect Cause, a nursing home watchdog group. A Perfect Cause documented more than 60 suspected rapes, sexual assaults, physical assaults and murders committed by people living in long-term care facilities nationwide.
Notice, he doesn't say those were committed by registered sex offenders. Reality is, there were committed by employees other residents and folks (sometimes felons) placed there on a temporary basis because they needed the care of the nursing home. In addition, he does not define sexual assault, which can be as simple as a touch due to the way laws are constructed."Who else would be so vulnerable except a small child?" he asked.
One victim WAS a small child: a 3-year-old girl visiting family at a Texas nursing home where a registered sex offender lived.
"There needs to be notification of every entrant into the facility that there is a violent or sexual offender in that facility," Bledsoe said. "That way, when we have school groups, church groups or civic groups coming to entertain these residents – these children - we can make sure they're being protected."
Currently, A Perfect Cause reports 1,800 registered sex offenders living in nursing homes around the country.
Tonya Glassco researched at least four facilities before choosing one for her mother-in-law, and each time she asked if sex offenders lived there.
"Yes, I did, because there are some dirty old people out there," she said.
But aside from state sex offender registries, Tennessee, Mississippi and Arkansas do not require notification be given to nursing home residents or their families when a sex offender moves in.
Lawmakers in Alabama are considering a bill that would do just that.
"What this bill does is mandate to the owners of the nursing home or assisted living facility that if they receive an individual who may be a sexual predator that they notify first the residents, then the Department of Senior Services, and also the local D.A. that that individual is in that facility," Rep. Jeremy Oden said.
The Action News 5 Investigators discovered at least two registered sex offenders who list a Memphis nursing home as their address.
- Johnny Kilpatrick was convicted of sexual battery in 1998. He now lives at Spring Gate Rehab and Rehabilitation on Old Covinginton Pike. A manager there didn't know he was a registered sex offender until the Action News 5 Investigators called. The manager said, "We want to make sure our residents are protected. Mr. Kilpatrick is harmless, he won't endanger anybody. We will address it."
- A Shelby County jury convicted Joseph White of rape. According to the Tennessee Sex Offender Registry, White lives at Ashton Place on Walnut Grove. But Ashton Place told Memphis police that White hasn't been there in two years. As cops were obtaining a warrant for White, they quickly discovered he was already dead.
Back in Alabama, there is opposition to the bill that would require sex offender notification to be given to residents and their families. But for Wes Bledsoe, it is a cause worth fighting for.
"Many of these people do not have the mental capacity to protect themselves from an assault, and many of them do not have the ability to report what has happened to them," he said.
The manager at Ashton Place said the facility checks residents against the sex offender registry, and doesn't allow sex offenders to live there. ..Source.. by Anna Marie Hartman
