CA - Sex-offender laws are ineffective and unfair, critics say

Original Article

10/17/2014

By Puck Lo

Frank Lindsay, 62, is a father, small-business owner and avid surfer. He’s also one of 105,000 people in California — and 760,000 nationally — listed as a sex offender. In accordance with federal law, his name, photograph and home address appear in a public, online offender registry. In 1979, Lindsay, then 27, was convicted of lewd and lascivious acts with a minor under the age of 14.

“I thought I could do whatever I wanted,” Lindsay says. “Add on some alcohol, and I was a real asshole.”

Today, Lindsay considers himself a reformed man. He says he hasn’t had a drink in 30 years, is a Taoist and advocate for restorative justice — encouraging violent people to make amends for their actions. But, he says, “It seems that I can never be forgiven.”

Few groups are as widely despised as sex offenders. Activities prosecuted as sex offenses vary by state, but can include public urination, consensual sex between teenagers, streaking, prostitution, downloading child pornography and rape. In some states, law-enforcement officials distribute flyers to notify neighbors of registrants’ convictions. Some registrants are prohibited from using the Internet. In 2010, the U.S. Supreme Court ruled that indefinite detention at psychiatric hospitals — or “civil commitment” — of sex offenders is constitutional.

The first law requiring sex offenders to register publicly and for life was passed in California in 1947 and targeted gay men, according to Andrew Extein, executive director of the Center for Sexual Justice. But many of today’s laws have their origins in the late 1970s, when feminists and social conservatives worked together to publicize high-profile “stranger danger” attacks on children, says Roger Lancaster, anthropology professor at George Mason University and author of “Sex Panic and the Punitive State.”

Beginning in the mid-1990s, several laws went into effect that changed how sex-offense cases were prosecuted. In 1994, states were required to create databases of sex offenders. Two years later, Megan’s Law, named for a 7-year-old in New Jersey who was brutally raped and murdered by a neighbor with two previous sex convictions, allowed states to make those registries public. States passed their own versions of the law; in some cases, they required that neighbors be notified of paroled offenders’ previous convictions. Later laws moved those sex-offender databases online, created a national registry, required lifetime registration of people 14 years old and up and imposed harsh mandatory minimum sentences for crimes involving children.

But almost 20 years after the passage of Megan’s Law, criminologists and judges, along with a burgeoning movement of sex-offender registrants and their families, are challenging not only the constitutionality of the laws but their effectiveness in reducing sexual assault. In January, a California court ruled in favor of a paroled sex offender who had argued that city and county “child-safety zone” ordinances prohibiting people in the registry from using parks, beaches and similar recreation areas were an unconstitutional form of banishment. In April, the state Supreme Court upheld the ruling by declining to review it.

See Also: California Reform Sex Offender Laws

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NJ - Twenty years later, has Megan’s Law delivered?

Maureen Kanka

Original Article

08/24/2014

It’s been 20 years since New Jersey’s Legislature passed Megan’s Law. The two decades since have been filled with legal challenges and disappointment it didn’t accomplish what many thought it would. It’s what happens when politics and emotion team to shortcut the legislative process.

The law is named for Megan Kanka, who was raped and killed in 1994 when she was 7 after being lured into the home of a twice-convicted sex offender, Jesse Timmendequas, who lived across the street from the child.

Her parents, Maureen and Richard, lobbied the Legislature for a law to require registration of sex offenders; it was named after their daughter. It went into effect just months after her horrible death.

Typical of legislation rushed through, New Jersey’s version has been much challenged. Other states and the federal government took their time and did it better. In New Jersey, there is a back story involving Republican Garabed “Chuck” Haytaian, who was Assembly speaker and wanted to replace Frank Lautenberg in the U.S. Senate. His colleagues saw the law as an opportunity.

In his campaign ads, Haytaian bragged he “fast-tracked Megan’s Law.” Both chambers of the Legislature were controlled by Republicans, and so was the Governor’s Office. They wanted to see Lautenberg, a Democrat, beaten. Haytaian came within 3 points of winning.

Emotion and political ambition are not a good combination for strong, effective legislation — the usual vetting and debate got lost. After its passage, it was tied up in court for years, a lot of it because of unforeseen problems. As much as we hate it, there is a reason the legislative process is slow and deliberate by design.

In 2009, a study by the state Department of Corrections and Rutgers University concluded Megan’s Law doesn’t deter sex offenders in New Jersey. The report says it makes it easier to find them because of registration, but you don’t need a report to tell us that. It also said the cost of carrying out the law — the report used $5.1 million, the cost in 2007 — may not be justified.

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DC - International Megan's Law passed by U.S. House of Representatives

Congressman Chris Smith

Original Article

05/20/2014

By Brendan McGrath

A local congressman is pushing a bill that would bring Megan’s Law, which has led to the creation of registries for child sex offenders across the country, onto the world stage.
- Not everybody on the online sex offender registries (hit-lists) are child sex offenders!

The International Megan’s Law, sponsored by Congressman Chris Smith (R-4th Dist.), was passed by the U.S. House of Representatives today.

The bill is named after Megan Kanka, a 7-year-old from Hamilton who was killed by a repeat sex offender living nearby her house 20 years ago.

“Sex offenders around the world are now able to cross borders and oceans easily to carry out their horrible designs against children under the cloak of anonymity and then disappear before a child is able or willing to reveal the crime,” Smith said today.

Smith has introduced versions of this bill multiple times over the past few years, including in 2010 when it passed the House, but it has never made it through the Senate.

This bill, H.R. 4573, was introduced two weeks ago and was passed unanimously by the House Foreign Affairs Committee before being passed by the House today.

The legislation is not just intended to prevent U.S. offenders from hurting children overseas, Smith said, but also to establish a reciprocal relationship.

“The International Megan’s Law would establish the model needed for the U.S. to persuade other countries to take action to stop both child sex tourism within their borders and protect children in the United States and elsewhere,” Smith said today.

Megan Kanka’s parents, Richard and Maureen, called the proposed law a “step in the right direction.”

“We must not only show the world that we will not tolerate these perverted acts in the United States but internationally also,” the Kankas said in a statement.

If the bill is passed by the Senate and signed into law by President Barack Obama, it would provide a legal framework for the Angel Watch Center, which is currently a one-person operation in the federal Immigration and Citizenship Enforcement agency that notifies destination countries of intended travel by offenders with a serious registered sex offense against a child, Smith’s release said.

“The stories of the victims are tragic — ruined childhoods, devastated families, lifetimes of memories of assaults and sometimes worse,” Smith said.

The bill also would work to establish better lines of communication to effectively share information about the travel of child sex offenders between federal agencies, the release said.

The Government Accountability Office issued a report in 2010 that said that in fiscal year 2008 at least 4,500 passports were issued to registered sex offenders by the U.S., the release said.

International Megan's Law moves through Congress

Richard and Maureen Kanka

Original Article

05/11/2014

By Cristina Rojas

The International Megan’s Law cleared a major hurdle Friday when the House of Representatives Foreign Affairs Committee unanimously passed it.

Rep. Chris Smith (R-4th Dist.) has worked to pass the bill, which would expand the system of registering and tracking sex offenders to the international community, since 2008, when he first introduced the legislation. It was previously approved by the House in 2010.

It bears the name of Megan Kanka, a 7-year-old from Hamilton who, in 1994, was kidnapped, raped and killed by a repeat sex offender living nearby.

Under the bill, the United States would notify countries where registered sex offenders were seeking to travel. Those countries, in turn, would be asked to inform the U.S. when sex offenders travel to the U.S.

“The goals of this legislation do not stop at protecting children overseas from U.S. predators,” Smith said in a statement. “Sex offenders around the world are now able to cross borders and oceans to carry out their nefarious activity under the cloak of anonymity and disappear before a child is able or willing to reveal the crime.”

“The International Megan’s Law would establish the model needed for the U.S. to persuade other countries to take action to stop child sex tourism originating within their borders and threatening children in the United States and elsewhere,” Smith continued. “The goal is reciprocal notice.”

Smith said the International Megan’s Law would work in conjunction with anti-human trafficking laws, which Smith wrote and steered through Congress in 2000.

The bill is expected to be brought before the full House in the near future.

CA - Sex offenders should not be allowed in parks or beaches

Original Article

02/03/2014

By KAYLI CRAIG

In 2012 a law was passed that prohibited registered sex offenders from entering areas where children would likely be present. This in includes parks, playgrounds and beaches. However, according to ABC News the law was overturned in an appeals court in January 2014 because it was said to violate California’s state law.

It is clear the state of California and its cities are not doing all they can to protect the families and children of California by leaving them vulnerable to dangerous criminals.
- Most sexual crimes occur at the victims own home and by their own family, not at a park, playground or beach. If you wanted to protect the children then you'd watch your own family! Ex-offenders also pay taxes on these places and have just as much a right to be there as you do. If they cannot visit these places then they should not have to pay taxes on them!

In May 2012, District Attorney Tony Rackauckas released a statement explaining the conditions of the law that would be put into effect within 30 days. Under this law, if a sex offender entered one of these restricted areas, they would have been charged with a misdemeanor, facing six months of jail time and/or a $500 fine for each separate facility entered. Santa Ana was one of the first cities to pass their new ordinance laws and since then dozens of cities have followed.

However, now with the overturn of this law, registered sex offenders will be allowed in areas with a high population of children. Sex offenders have committed heinous acts and they should not be allowed into parks or beaches.
- So why don't you be a parent and watch your kids?  And not all "sex offenders" have committed "heinous" acts, so stop lumping them all into one group!

Many Americans will argue that there are different types of sex offenders and different degrees of their offenses.
- You are right there.

There are seemingly light hearted stories such as a 21-year-old man getting caught having sex with his underage girlfriend or the drunken person who urinated in public. However according to the law they may still have to register as a sex offender.

These individuals are the severe minority of sex offenders. According to list of offenders that provided by Megan’s Law, most offenders are the ones who have a sick and extremely dangerous attraction to little children.
- That is simply not true.  True pedophiles account for 10% or less of all the ex-offenders in this country.

Although it is obvious some offenders are more severe and violent than others, all restrictions should be the same whether it is putting their address and picture online or preventing them from entering certain areas if it means protection for the children.
- So then why don't we also treat all other ex-felons the same as well?  Put them all on an online hit-list so everybody who lives around them can know their past sins?  What sins have you committed you wouldn't want the world to know about?

Megan’s Law was started after 7-year-old Megan Kanka was raped and brutally murdered by her neighbor.
- True and we already have laws for murderers, so why do we need more laws named after dead children?

“The purpose of the law was to provide an awareness to parents,” Megan Kanka’s mother said. “We never said it was going to stop them from reoffending or wandering to another town.”
- And banning someone from a park or beach won't stop them from committing a crime at a park or beach, if that is their intention!

Although Megan’s Law was not necessarily intended to put restrictions on these offenders other than providing a map of their residences, allowing the sex offenders into tempting areas such as parks or beaches is simply not worth the risk involved.
- You are assuming children are "tempting" to all ex-offenders which is simply BS!

Allowing a registered sex offender to go to a park or the beach is similar, although more severe, to bringing an alcoholic to a bar. For a sex offender, the temptation would be a young child in a bathing suit at the beach. There is an undeniable temptation that arises within these individuals. If it can be avoided then it should be avoided at all costs meaning that the law needs to be put back into effect immediately.
- What a load of BS!  To some this may be true, but you are putting all ex-offenders into one group!

NY - Families of Registered Sex Offenders: “Remove Misleading Statistics from Web”

Original Article

01/24/2013

Family Members of Registered Sex Offenders Call on Parents for Megan’s Law to remove misleading statistics from their website

Long Island - USA FAIR, Inc., a national advocacy organization formed by the family members of people required to register with the sex offender registry, today publicly urged Parents for Megan’s Law Executive Director Laura Ahern to take down misleading statistics from their website that reinforces the myth of high sex offender recidivism.

“According to the U.S. Justice Department and numerous other agencies and institutions that have researched recidivism (PDF), sexual offenders have one of the lowest recidivism rates in the criminal justice system. Yet, the myth of high sex offender recidivism has formed the foundational falsehood for the never-endng sanctions imposed on law abiding former offenders through the sex offender registry”, said Shana Rowan, Executive Director of USA FAIR.

“While we applaud Parents for Megan’s Law for their mission to protect children, as an entity that is funded in part with public funds, they have an obligation to not mislead the public through the misuse of statistics, such as presenting a study of a sub-set of dangerous recidivists and presenting those findings as representative of the entire population of former sex offenders,” said Rowan.

In a letter sent to Parents for Megan’s Law (PDF) on December 6, 2012, USA FAIR raised objections to statements made on their website, including claims that the “typical” offender against children had committed an average of 280 crimes and has between 360 and 380 victims in his lifetime. USA FAIR pointed out that the sample of this study was not “typical” of former offenders and that even among this subset of high-risk offenders, a small percentage of the subjects were responsible for a disproportionately high number of offenses, which significantly skewed the “average” numbers. In fact, according to Rowan, “When you look at the median numbers of this very study it reveals that half of the subjects committed four or fewer offenses and had three or fewer victims. So even the “typical” subject of this study did not have the number of victims that Parents for Megan’s Law claims. And while three victims is three too many, it is a far cry from the 360 to 380 that their website presents.”

Rowan announced that USA FAIR decided today to go public with its request to Parents for Megan’s Law to correct their website because following several phone calls and emails by Rowan to Ahern to follow-up on the December 6th letter, there has been no response. “Ms. Ahern has every right to disagree with USA FAIR on policy issues, but as long as she takes public money she should present this important issue with facts and not false fears,” said Rowan.

USA FAIR has made shining the light on the myth of high sex offender recidivism one of its top goals for 2013. A 2010 survey by the Center for Sex Offender Management of the U.S. Department of Justice found that 72% of Americans believe that the sex crime recidivism rates are 50% or higher, with a third believing it is more than 75%. Only 3% believe it is less than 25% – even though actual recidivism rates are considerably below 25%. New studies are constantly confirming low recidivism, with the latest being released last month showing a recidivism rate in four states of 10% after 10 years, with rates dropping sharply with years of offense-free tenure in the community. (https://www.ncjrs.gov/pdffiles1/nij/grants/240099.pdf)

“As the loved-ones of people who are required to register, we know that the vast majority of former sex offenders are law abiding citizens today who are just trying to rebuild their lives and be good providers for their families. Once the myth of high sex offender recidivim is firmly dicredited, it will allow us to end our one-size-fits-all approach to sex offender laws and focus our policies on targeting the truly dangerous,” concluded Rowan.

PA - Forum to address sex offender registration laws

Original Article

09/20/2012

By Jennifer Harr

A forum on Wednesday will address Megan’s Law and the Adam Walsh Act, both of which deal with sex offenders, in an attempt to educate the public about how both work.

“This forum is a time for our community to ask questions,” Jacquie Fritts, executive director of the Crime Victims’ Center of Fayette County (CVC), said. “I’m a firm believer that the community needs to be eyes and ears and a protector for our neighbors. It only can be done as a community, and you can’t do it if you don’t have the information and the knowledge.”

The CVC and Penn State Fayette, The Eberly Campus, are co-hosting the forum in advance of the Adam Walsh Act, which goes into effect in January. The forum will be held at Penn State Fayette starting at 6 p.m.

Fritts said many people aren’t sure how Megan’s Law, the current law under which released sex offenders can be mandated to register addresses, works. And when the Adam Walsh Act goes into effect, there will be additional changes to registration requirements, including an increased length of time that a sex offender will be required to register.

The act also divides sex offenses into tiers, based on their severity, said Herbert Hays, a longtime member of the state’s Sexual Offenders Assessment Board. That board, established as part of Megan’s Law, sends examiners to interview people convicted of most sex crimes to determine if they fit into the category of sexually violent predators.

Such a designation, made by a judge following a hearing, leads to even more stringent reporting requirements for sex offenders.

The biggest change under the Adam Walsh Act, Hays said, is that it holds juvenile offenders more accountable by also requiring them to register as sex offenders.
- Juveniles should NOT be on a sex offender registry, especially one that is public, and the public registry, in our opinion, should be taken offline and used by police only.  It's becoming an online hit-list for vigilantes to use to target ex-offenders.

That act is much more strict than the Megan’s Law provisions, Hays said.

“From a professional standpoint, we as adults have a responsibility to protect our children from sexual offenders and sexual predators. The Adam Walsh Act, in my opinion, strengthens the law to protect children,” Hays said.

Hays will present information about Megan’s Law and the Adam Walsh Act from 6 until 7 p.m. The second hour will be a panel-type discussion that includes representatives from local law enforcement, the district attorney’s office, Children and Youth Services and Penn State faculty.
- What about experts who have treated ex-sex offenders?

Susan Brimo-Cox, spokeswoman for Penn State, said the university is hopeful that partnering with CVC to present the forums will give the public a chance to become educated on important topics such as the laws that govern sexual offenders.

“Penn State Fayette is pleased to be able to provide a forum for community discussion again this year. This is an important topic and has far-reaching importance throughout the community,” Brimo-Cox said. “We want people in this community to get involved and learn about different kinds of abuse, how to prevent it and what to do if they encounter it.”

Over the next year, CVC and Penn State are going to host other panel discussions.

“We’re going to hit everything that effects our community,” Fritts said. “We’re really hoping to get community members at these discussions so they can get educated to find out who they need to talk to and what they need to do to keep our children, our neighbors, our seniors — everyone — safe.”

Fritts lauded Penn State Fayette for partnering with CVC to present the forum.

“Penn State has been real instrumental in working with us on educating people in general about child sexual violence and sexual violence. Our Fayette campus works well with the community, and always has,” Fritts said.