Sunday, December 6, 2009
Radio Broadcaster Guilty of Naming Sex Offenders
Contempt charges will proceed against radio broadcaster Derryn Hinch after he failed in a Supreme Court bid to challenge the legitimacy of suppression orders he allegedly breached by naming two sex offenders. Hinch is facing five charges of contempt of court for naming the offenders at a victims of crime rally in June last year, and on his website.
Justice Robert Osborn said courts had repeatedly recognised that the rehabilitation of offenders was in the public interest, and this could be jeopardised if identities were published.
Hinch has been jailed previously for naming a sex offender in defiance of the courts. He served 12 days' jail in 1987 after revealing on radio the prior convictions of a pedophile.
Saturday, December 5, 2009
1000 Signatures on the Petition
You have now reached the 1000 signature mark on the petition against the Ohio and national Adam Walsh Act Sex Offender laws ! If you are a reader of this blog and have not yet signed the petition, please do so today. Only your name is posted on the petition listing. Share the petition with others, and post a link to appropriate websites and blogs.
http://www.petitiononline.com/oh08/petition.html
Residency Rule for Sex Offenders Under Scrutiny
There are unintended consequences, counselors and offenders say, of a 2006 county ordinance that expanded residency restrictions for offenders and predators. The ordinance is under renewed scrutiny after the arrest last month of a group of homeless sex predators in Auburndale.
Supporters have said the ordinance is for the protection of the public, but critics say that it's had the opposite effect. It's increased the number of homeless sex predators and offenders, actually increasing the likelihood of further offenses.
"Desperate people do desperate things if they feel like there's no hope," Edward said in a recent interview. He is currently living on-and-off with family in Auburndale. "People can change. They have to want to. But if they're told everyday that they can't, why would they believe that they could?"
Polk County is among several Florida counties that have gone beyond state law to expand restrictions. Now many counties are facing similar challenges, and offenders and those who treat them say county commissioners should rethink the ordinance.
The part of the ordinance that "hurts the most" is the rule that predators must live at least 1,000 feet away from school bus stops, he said. While the ordinance keeps predators from living nearby, it does little to prevent them from treading near restricted places, he said. That means it's ineffective in preventing wayward offenders from offending again.
The process for finding a residence is mainly trial and error. Once an offender has found a potential residence, he or she contacts their probation officer or the Sheriff's Office. The Sheriff's Office plugs the address into a computerized mapping system that shows whether or not it is out of a restricted zone. If it's not, it's back to the drawing board, and the offender must try again. Although the DOC is allowed to provide offenders and predators with some guidance, both it and the Sheriff's Office say they do not tell offenders where they can live. They're on their own for that.
The DOC admits the ordinance has made finding housing more challenging for offenders. Crump, the former probation officer for the DOC, said the ordinance has also placed an extra burden on law enforcement by making it more difficult to track offenders.
And treatment providers like Brimer say the ordinance ignores the reality of sex offenses - that most are not committed by strangers. In two years of child sexual abuse investigations by the Polk County Sheriff's Office, 94 percent of crimes were committed by suspects the victims knew, like Edward, including family members, friends and acquaintances.
FL Pastor Offers Sex Offenders A New Start
Florida- Pastor Witherow believes people can change. At Miracle Park, those on probation attend weekly court-ordered sex therapy sessions. He also offers anger-management classes and sessions on relationships, inner healing and life skills.
Witherow has authored a book about sex offenders called The Modern Day Leper. He says he could have worn the same label as the men at Miracle Park. He was 18 years old when he met his first wife. She was just 14, and before long she was pregnant. A judge allowed them to get married but told Witherow he could have been charged with statutory rape. "If that would have happened in today's society, I would have been charged with sexual battery on a minor, been given anywhere from 10 to 25 years in prison, plus extended probation time after that, and then been labeled a sex offender," he says.
Witherow once had a ranch for sex offenders in Okeechobee County. But zoning law changes forced that facility to close. His search for another spot brought him here, to a small community he renamed Miracle Park. It's a collection of duplexes about 3 miles east of the town of Pahokee, in rural Palm Beach County.
"It's open to everybody," Witherow says. "However, the only ones that are really looking to be out here in the boondocks and pay $100 a week to live with somebody else, basically, are those who don't have anyplace else to go, which are the sex offenders."
Witherow didn't have the $5.5 million the owner wanted for the property. So instead of buying it, he became the property manager. One of his first acts was to let families with children know that a community of sex offenders was moving in, and that they might want to move out. Most of the families left. Several later sued, saying they were forced from their homes unfairly (the shoe's on the other foot).
Henry Crawford, the vice mayor of Pahokee says that because Miracle Park is located outside of the city limits, there wasn't much local officials could do about it. He believes the sex offenders deserve a place to live. He just wishes it wasn't here. (That is the problem with residency laws; they push sex offenders into clustered areas because most parts of municipalities are made to be off-limits to them and idiots like this don't have an answer to that problem).
Friday, December 4, 2009
MA Working to Meet Sex Offender Guidelines
The state's Sex Offender Registry Board says it is working toward a July 2010 deadline for implementing federal guidelines that would strengthen registration requirements nationwide.
However, questions remain on whether Massachusetts can or should comply with the mandate. Currently, Ohio is the only state that has complied with the Sex Offender Registration and Notification Act (SORNA), under the Adam Walsh Child Protection and Safety Act of 2006. The act creates a national registry and requires states and jurisdictions to meet a minimum set of standards in registering sex offenders and making the information publicly available.
There is a risk of losing around $1 million yearly for noncompliance, based on the 2009 grant figure, but William Leahy, chief counsel for the state's Committee for Public Counsel Services, said compliance has its costs as well. (First year costs of implementation are over $10 million. Click on table below).

Senator Patrick Leahy said the state would have to hire more staff and improve technology, among other measures, to comply with SORNA. In letters sent to Gov. Deval Patrick and Attorney General Martha Coakley in February 2008, Leahy says the state's existing sex offender registration statute already complies with many elements required by SORNA. Most important, the state cannot comply with SORNA's guidelines for sex offender classification and verification and community notification because it would violate the state constitution, he said.
"The existing sex offender registration and notification act in Massachusetts is consistent with the purpose of SORNA and should constitute substantial compliance with the federal law," Leahy writes.
Yesterday, Leahy said a large majority of states have objections to implementing the standards, while here in Massachusetts state laws are an obstacle.
"There's a clash between the federal regulations and state law," he said.
Wednesday, December 2, 2009
Juveniles Who Commit Sex Offenses Against Minors
Washington, D.C. – The Department of Justice's Office of Justice Programs (OJP) today announced the release of a bulletin reporting on youth who commit sexual offenses against minors. The latest in the Crimes Against Children Series from OJP's Office of Juvenile Justice and Delinquency Prevention, the bulletin draws on data from the FBI's National Incident-Based Reporting System to describe the characteristics of the juvenile sex offender population coming to the attention of law enforcement. Key findings include: juveniles account for more than one-third (36%) of those known to police to have committed sex offenses against minors; and juveniles who commit sex offenses against other children are more likely than adult sex offenders to offend in groups, at schools, and to have more male and younger victims.
"Juveniles Who Commit Sex Offenses Against Minors"Researchers: David Finkelhor, Ph.D., Richard Ormrod Ph.D., and Mark Chaffin, Ph.D.
Office of Juvenile Justice and Delinquency Prevention
http://www.ncjrs.gov/pdffiles/ojjdp/227763.pdf
"Juvenile sex offenders comprise more than one-quarter (25.8 percent) of all sex offenders and more than one-third (35.6 percent) of sex offenders against juvenile victims (the group that is the focus of this Bulletin). There were approximately 89,000 juvenile sex offenders known to police throughout the United States in 2004.
Juveniles who commit sex offenses against minors are different from adults who commit sex offenses against minors on a number of crucial dimensions captured by NIBRS (table 1, page 5). Juveniles are more likely to offend in groups (24 percent with one or more co-offenders versus 14 percent for adults). They are somewhat more likely to offend against acquaintances (63 percent versus 55 percent). Their most serious offense is less likely to be rape (24 percent versus 31 percent) and more likely to be sodomy (13 percent versus 7 percent) or fondling (49 percent versus 42 percent). They are more likely to have a male victim (25 percent versus 13 percent).
Juvenile sex offenders are also much more likely than adult sex offenders to target young children as their victims. The proportion of victims younger than the age of 12 is 59 percent for juvenile sex offenders, compared with 39 percent for adult sex offenders. Figure 2 (page 6) shows how adult sex offenders concentrate their offenses against victims age 13 and older. Figure 2 also shows that children younger than age 12 have about an equal likelihood of being victimized by juvenile and adult sex offenders, but adult offenders predominate among those who victimize teens. Although most juvenile sex offenders are teenagers, about 16 percent of those who come to police attention are younger than age 12."
NY Sex Offenders Taken Off Social Networking
Social-networking Web sites Facebook and MySpace have identified and disabled accounts used by more than 3,500 registered sex offenders in New York State using a law passed last year that requires sex offenders to register their emails and online aliases with the state, New York Attorney General Andrew Cuomo said Tuesday.
Cuomo said many of the offenders were violating their parole by being on social-networking sites and are prohibited from interacting with young people. (Let's be clear, this law only applies to those on probation/parole. Any sex offender who completes his probation would be permitted to be on such sites)
Under the state's Electronic Securing and Targeting of Online Predators Act passed last year, registered sex offenders are required to register their emails and other online identifiers with the state. The law sets mandatory restrictions on a sex offender's access to the Internet where the offender's victim was a minor, the Internet was used to commit the offense or they are among the highest-level offenders.
Cuomo's office is sending letters to 17 other social-networking sites encouraging them to take advantage of the data gathered under the law, including classmates.com and Friendster, Cuomo said.
We have posted on this topic several times. What these buffoons are unable to understand is that any sex offender can get a secondary email address and sign-up with an unregistered email address and false name. This is not rocket science, people. Furthermore, research shows that the median age for facebook /myspace is 27/26 years of age respectively. In other words, social networking sites are not the Internet equivalent to children's playgrounds, as the media would have us believe.
Hysteria about these social netowrking sites has long ago been proven to be overblown.
See our postings “Report Calls Online Threats to Children Overblown”, and “Sex Offender on Social Site = Felony”
Most States Not Adopting Sex Offender Rules
More than three years after Congress ordered stepped-up monitoring of sex offenders, only one state has adopted the government's strict new requirements, and some others are weighing whether to ignore the law and just pay a penalty.
So far, Ohio is the lone state to meet the new federal standards (an embarrassment for the people of Ohio). Elsewhere, efforts have been hampered by high costs and legal challenges from the nation's 686,000 registered sex offenders.
The initial deadline for states to comply was in July. Then the deadline was extended to July 2010, although several states have signaled they may still be unable to meet it. States that do not adopt the mandates risk losing millions of dollars in federal grants (which pales in comparison to the cost of implementation).
Last year, a federal judge in Nevada declared the law unconstitutional because it would subject offenders to additional penalties after they have served their time. The Ohio Supreme Court heard similar arguments this month from more than 26,000 sex offenders who were convicted before the law was signed.
In addition to the legal challenges, states are also struggling with the cost, which could climb into the millions of dollars.
"We have states being very laid back, and states where legislators are pulling out their hair trying to comply," said Alisa Klein of the Association for the Treatment of Sexual Abusers. "And there's lots of states waiting for another state to bust a move and say, 'We're not going to comply.'"
In California, the state's Sex Offender Management Board estimated last year that adopting the requirements would cost at least $38 million.
Congress tried to encourage states to adopt the measure by threatening to take 10 percent of their federal crime-prevention grants if they do not comply. The grants have swelled with stimulus funding but typically range from several hundred thousand dollars to more than $1 million each year, depending on the size of the state.
"Obviously this funding loss pales in comparison with the cost of complying with the act," said Dana Simas, spokeswoman for the California Department of Justice.
So lawmakers are locked in a dilemma: They must spend millions of dollars to adopt the system or back off a program that is designed to protect the public from some of society's most dangerous criminals.
The Justice Department declared in September that Ohio had "substantially implemented" the law's requirements, leading to a fresh round of complaints. The state's public defender office said court appeals alone could cost $10 million.
Gary Reece is a 50-year-old convicted sex offender who is challenging Ohio's efforts to comply with the federal law.
Reece said he was previously allowed to register once a year and that his name would have been removed after 10 years without a serious conviction. The state's new measure, he said, would put his name on the registry for life and require him to register in person four times a year. "It's a tremendous burden, no doubt about it," Reece said. "Every 90 days you have to take off work and go register — and if you miss once, you're going back to jail."
Tuesday, December 1, 2009
ABC 20/20 John Stossel Reports on Sex Offenders
An Internet vigilante invites people to become soldiers in her "war on child abuse".
She thinks it is rare for juveniles to be placed sex offender registries and if a few get caught up in the sex offender nightmare, it is a "necessary evil". She believes the sex offenders whom she harasses online deserve to be harassed, and has published the home address of sex offenders online. She says that sex offenders have no right to say that these laws destroy their lives.
ABCs's 20/20 "Age of Consent" Report with John Stossel - Sex Offender Laws :
Demonstrates the hypocrisy of legislators and politicians who are passionate about punishing others for doing what they did ,or may have done (Former NY Governor Spitzer, Idaho Senator Larry Craig, Florida Congressman Mark Foley (who cites false recidivism statistics before Congress)
Many children are prosecuted for sex. Arizona House Speaker Jim Weiers cannot answer how imprisoning juvenile sex offenders protects the public. Story of a false accusation of a 14 yr old boy by his 9yr old adopted sister, who long ago recanted her accusations for 7 yrs now. Seven years later, he is a registered sex offender. Weiers admits that by legal definition of childhood "petting", about half the teenagers would be guilty of sex crimes; "well, if you're not over-reaching, you'll be accused of under-reaching...there is not one piece of legislation that is perfect, period"
OH Senate Wants Tougher SORN Registration Law
Introduced by Senator Turner
Cosponsors: Senators Cafaro, Smith, Strahorn, Miller, R., Fedor, Wagoner, Kearney, Morano
To amend sections 2950.04, 2950.041, 2950.06, 2950.081, 2950.11, 2950.111, and 2950.13 and to enact sections 2950.044 and 2950.112 of the Revised Code to require sex offenders/child-victim offenders who register a residence address or verify a registered residence address to provide proof of residency at that address, to require Tier III sex offenders/child-victim offenders to verify their registered residence address every 30 days, to revise the criteria for subjecting offenders and delinquent children to SORN Law community notification, to expand SORN Law community notification to also generally apply when offenders or delinquent children verify their registered residence address, and to generally require a sheriff or designee to confirm by personal observation a residence address registered or verified by a Tier III sex offender/child-victim offender.
Call to Action:
All Ohio readers must call,email and write their Ohio Senators and tell them to STOP with the new sex offender (SORN) legislation ! Even as the current Ohio SORN law is under review by the Ohio Supreme Court for multiple Constitutional violations, the Senate wants the make the registration laws even more burdensome.