PA - Being murdered by doctors in my town/state

The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Crystal:
Since 2005 I have been being accused of a sex offense against a family member and am being flat out murdered by doctors here in my town/state. I am suffering right now in my house unable to breathe with a heart condition and no doctor in my county will help me. I have not be convicted of any crime nor have I ever been brought up of charges for any crime. I don't know what to do. I have a child here that still needs me and I'm to ill to do all the things I need to do as a mom. Can you all help me in any way my number is 717-786-5699

PA - Pennsylvania's Megan's Law mandate unfairly punishes offenders, court rules

Original Article

10/14/2014

By Peter Hall

Some of Pennsylvania's latest sex offender registration requirements run afoul of a constitutional ban on laws that create new penalties for people who have already paid for their crimes, the Commonwealth Court has ruled.

The panel of seven Commonwealth Court judges also found, however, that requiring sex offenders to reveal their email addresses and other online aliases is not a violation of the First Amendment right to anonymous speech.

_____, convicted in 2001 of sexual assault, had already served his prison sentence and probation when the fourth revision of Pennsylvania's version of Megan's Law, named the Sexual Offender Registration and Notification Act, took effect in 2012.

_____ argued that the revisions to Megan's Law were so much more punitive than the earlier version of the law that they violated provisions in the state and federal constitutions that prevent states from imposing tougher penalties for crimes than were in place when they were committed.

He also argued that the new requirement to provide information about his online identities violated his right to anonymous online speech because his crime did not involve a minor on the Internet.

_____, 63, was convicted in Montgomery County Court of drugging and sexually assaulting a woman at a suburban Philadelphia restaurant. His attorney, Burton A. Rose of Philadelphia, had not read the decision and declined to comment. State police officials were unavailable to comment.

In an opinion for the unanimous panel, Judge Renee Cohn Jubelirer rejected _____'s claims with regard to a majority of the new registration requirements, including mandates to appear in person to register four times a year and to provide extensive personal information, palm prints and DNA samples, plus advance notice of international travel.

Jubelirer wrote that each of those requirements is related to public safety and not intended as a punishment.

Failure to comply with the requirements is a felony punishable by a five-year prison sentence, according to the opinion.

Read the entire story

PA - Majority of minors engage in Sexting, unaware of harsh legal consequences

Original Article

06/18/2014

Sexting among youth is more prevalent than previously thought, according to a new study from Drexel University that was based on a survey of undergraduate students at a large northeastern university. More than 50 percent of those surveyed reported that they had exchanged sexually explicit text messages, with or without photographic images, as minors.

The study also found that the majority of young people are not aware of the legal ramifications of underage sexting. In fact, most respondents were unaware that many jurisdictions consider sexting among minors – particularly when it involves harassment or other aggravating factors – to be child pornography, a prosecutable offense. Convictions of these offenses carry steep punishments, including jail time and sex offender registration.

“This is a scary and disturbing combination,” said researcher David DeMatteo, JD, PhD. “Given the harsh legal penalties sometimes associated with youth sexting and the apparent frequency with which youth are engaging in it, the lack of comprehension regarding such penalties poses a significant problem.”

The study, entitled “Youth Sexting: Prevalence Rates, Driving Motivations, and the Deterrent Effect of Legal Consequences,” was published online in June 2014 by the journal entitled Sexuality Research and Social Policy. The full article is available here.

In addition to DeMatteo, an associate professor of psychology and law and director of Drexel’s joint JD/PhD program in psychology and law in the College of Arts and Sciences and School of Law, the study was conducted by lead author Heidi Strohmaier, a PhD candidate in psychology, and Megan Murphy, a JD/PhD candidate. For a Q+A with the researchers, click here.

The study, in which undergraduate students from a large northeastern university completed an anonymous online survey concerning their engagement in sexting as minors, revealed a significant relationship between awareness of legal consequences and sexting behavior as minors.

Those who were aware of the potential legal consequences reported sexting as a minor significantly less than those who were not aware of the legal consequences. Additionally, most respondents who reported being unaware of the potential legal consequences of sexting expressed the belief that they may have been deterred from sexting as a minor if they had known.

The finding that legal consequences may deter youth from sexting has important policy implications, according to the researchers.

In many jurisdictions, the law has yet to catch up with youth sexting behavior and technological advances. Until recently, most states did not have a legal mechanism in place to handle cases of teenage sexting. Instead, they were required to fit this new teenage subculture into the existing legal framework. As a result, youth sexting was often subsumed under laws governing serious child pornography and child exploitation offenses. Convictions of these offenses carry steep punishments, including jail time and sex offender registration—punishments that many lawyers and legislatures have deemed too harsh for adolescent sexting.

Read the rest of the story

PA - Should young sex offenders be identified that way for life?

Original Article

05/12/2014

By LAURA BENSHOFF

Pennsylvania's Supreme Court is hearing arguments on whether teens found guilty of certain types of sexual offenses must be registered on public sex offender lists.

In some cases, that label can last for a lifetime. Pennsylvania adopted the federal Adam Walsh Act in 2012, which means that juveniles between 14 and 17 convicted of certain categories of sex crimes must register as sex offenders.

The challenge to the current registratrion requirements has brought more attention to the issue of juvenlie sex offenders — some of them are as young as 10 — and it raises tough questions: Where do kids learn to act that way? And how do judges and therapists currently treat sex offenders who are also children?

Natalie Dallard is a therapist at the Joseph J. Peters Institute in Philadelphia, an organization that provides treatment for survivors and perpetrators of sexual abuse. A variety of factors influence kids' behavior, she said.

"Probably nine out of 10 of the girls that I've worked with have been victims," said Dallard. "With boys, not as much as people think. Generally with boys there's a lot of other anger issues, and a lot of exposure to pornography, poor boundaries, and association with older peers, negative peers."

If kids are charged with a sexual assault, disclosing their own sexual trauma or family environment may actually backfire, said Megan Perez, a supervisor with the Public Defenders Association of Philadelphia. She said that if her clients have themselves been abused, she would not share that information in the courtroom.

"A lot of people assume that people who have been perpetrated against are more likely to be a perpetrator themselves," said Perez. "I think our Family Court judges in Philadelphia would look at a factor like that as more indicative of guilt than of innocence."

Consequences to fit the crime

There is a lot of evidence that kids' brains work differently than those of adults, especially when it comes to understanding consequences and controlling behavior.

"Impulse control develops as you get older," said Dallard. "You have a greater ability to manage some of these feelings. And young kids are also a lot more susceptible to outside influences, and they don't have that critical thinking to think out outcomes."

Dallard believes that sexual offenses elicit such an emotional response in people that it clouds their understanding of who the offender is.

"People are always asking me how I do what I do, but, at the end of the day, I'm helping children. Sex crimes are so stigmatized that people fail to see that these are children," said Dallard.

She recommends teaching boundaries and reducing access to pornography as keys to reducing assaults by young people.

In Pennsylvania, juvenile sex offenders who are found guilty are typically ordered to receive treatment — the minimum is six months of individual and group therapy. Depending on their own history of trauma, treatment could continue for two years.

Juveniles commit around 30 percent of sexual assaults against victims 18 and younger. Statistically, sex offenders – particularly young ones – are not likely to reoffend.

PA - Ignorance (User story)

The following was sent to us via the TELL US YOUR STORY form and posted with the users permission.

NEVER let authorities search your home, car or belongings, even if you are innocent and have nothing to hide! Make them get a warrant!  Never accept a plea deal, especially if you didn't do the "crime," nor believe what police tell you.  Contact a lawyer and talk with them now!

NOTE: We are not legal experts, just offering our personal advice.

By Scott:
Not knowing my rights because I had never been in trouble, two years ago I was approached by a LT with the Delaware county police department that combats child pornography. When he and his partner at the time approached me, I freaked out because I know I did not look up any pictures of that sort. I did ask for a lawyer but that just pissed them off and I was threaten and warned. Once I agreed they searched my house after threatening me to allow them to search my home. 5 months later they come find me I had moved back to Kansas where I was from because I lost my job and couldn't find a new one. I had no choice so I updated my unemployment info. I did not have a number or name or anything else to contact directly. I started a new job and got a new apt in Kansas and three weeks later I had the FBI coming in and taking me to the city jail and waited 27 days for PA to come take me back. After fighting for 5-6 months I was forced into a deal by my public defender. He told me that he saw everything and they had a marked pic which was the very pic they showed me and I admitted that I downloaded but the person was not under 18 and it wasn't even a sexual pic it was maybe an erotic pic but not a sex pic. They assured me that it was. They being my PD and the DA. I was told I could go to prison for 8yrs per pic and that I needed to take this deal or I would go away for a long time. After I took the deal and after the time allowed to appeal this case I was given my discovery and was never shown the evidence even though I was told they would show me proof. After the fact I found that they sent this pic to the FBI and it came back as not child porn as I stated in the first place and they knew this two months before they applied to the court for a warrant. The int'l warrant was given under false information to the judge plus I sat in jail for an addition 5-6 months waiting to get out of jail and to be transferred back to Kansas. I was also marked as a fugitive even though they didn't have to look for me because I was working and living in the open and I left all of my info with friends which info they had been given during the int'l contact. Now even though my compact agreement from PA says I am not a sex offender and that I did not have to go through treatment and all that. Being that probation for PA made me sign paper work for probation in PA just in case the transfer didn't go through I would be setup with them. I am forced to register and go through treatment. Which my probation officer and place I am going through treatment with agree I do not belong in are forced through the agreement to keep me in. Now I can't even get a lawyer to look at because I am told I took a deal so I am screwed.

PA - Woman on Megan’s Law list, who never committed sex crime, breaks down (And hundreds more in the same situation?)

Original Article

01/31/2014

McKEES ROCKS - A woman on the Megan’s Law list, even though she never committed a sex crime, broke down while talking to Channel 11 Friday.

“I am not a sex offender. I would never hurt a child,” said _____.

_____ was in tears as she was about to face a judge in McKees Rocks for failing to register as a sex offender. Police said she moved without notifying state police.

Four years ago, _____ was convicted of interference with custody of children. That crime falls under the newest version of Megan's Law, and _____ must register as a real sex offender.

“Seventeen years of probation for not doing anything but trying to help a little boy that was in diaper and just a pair of socks?" _____ questioned the ramifications.

“If she changes any information we have to record, she needs to notify us right away," said trooper Robin Mungo.

Although _____ feels singled out, there are hundreds in our area who never committed a sex crime yet they, too, are now registered as sex offenders.

PA - Former Old Forge chief, captain (Larry Semenza) sentenced for sexual abuse of a 15-year-old female

Larry Semenza

Original Article

01/27/2014

By REBEKAH BROWN

Former Old Forge police chief Larry Semenza has been sentenced to 18 months to four years in prison and must register as a sex offender under Megan's Law for 15 years.

Lackawanna County Judge Vito Geroulo sentenced Semenza, 49, for corruption of a minor, a first-degree misdemeanor, and failing to report child abuse.

Geruolo sentenced former Old Forge police Captain Jamie Krenitsky, 35, to 9 to 23 months in jail and must register as a sex offender for 15 years.

Geruolo sentenced former borough firefighter Walter Chiavacci, 48, to 3 to 18 months. He must also register as a sex offender for 15 years.

Chiavacci and Krenitsky pleaded guilty to one count of indecent assault.

All three men were charged in May 2012 after a victim came forward to allege Semenza and the other men had sexually abused her when she was a teenager and volunteer junior firefighter with an Old Forge fire department. The woman claimed she had a romantic relationship with Semenza from 2004 to 2007, starting when she was 15.

See Also:

• (05/04/2012) Old Forge police captain and a volunteer firefighter arrested in alleged molestation of 15-year-old girl

PA - Law requiring lifetime registration for juvenile sex offenders is unconstitutional, York County judge rules

Original Article

11/07/2013

By Matt Miller

In a decision that seems destined for the appeals courts, a York County judge has ruled unconstitutional a two-year-old Pennsylvania law that imposes lifetime registration requirements on juvenile sex offenders.

Senior Judge John C. Uhler issued his ruling against the juvenile registration provisions of the Sexual Offender Registration and Notification Act while weighing the cases of seven county teens adjudicated as having committed serious sex crimes.

Uhler found that the registration mandate "unconstitutionally forecloses a court's considerations of the many unique attributes of youth and juvenile offenders" under age 18 and improperly treats them the same as adult sex offenders.

SORNA, as the act is known, also doesn't take into account the greater capacity juvenile offenders have to reform, he noted.

The state law was passed by the Legislature in late 2011 to comply with a federal law, the Adam Walsh Act. The state faced a loss of federal funding if it didn't adopt a measure compatible with the Walsh Act.

Uhler's ruling is in reply to a challenge mounted on behalf of the seven York County youths by the county public defender's office, the Juvenile Law Center and the Defender Association of Philadelphia. The children involved were subject to registration after being found to have committed crimes including rape, involuntary deviate sexual intercourse and aggravated indecent assault. They were ages 14 to 17 when the offenses occurred.

In a statement issued Thursday, officials of the Juvenile Law Center and the defender association called Uhler's decision a "landmark ruling."

"It is our hope that this decision will result in similar findings across the commonwealth," said Riya Saha Shah, a staff attorney with the law center. "To impose this (registration) punishment on children is to set them up for failure."
- The same can be said for adults!

County Chief Deputy Prosecutor Tim Barker said his office is reviewing Uhler's decision for a possible appeal to the state Supreme Court. A decision is expected next week, he said.

"We're thoroughly going through everything," Barker said.

Cumberland County District Attorney David Freed, president of the Pennsylvania District Attorney's Association, predicted an appeal is likely. Prosecutors are well aware of arguments for and against the juvenile sex offender registration requirement, he said.

"I'm not surprised that the judge would rule this way," Freed said. "We'll see what happens in the appeals courts."

"We'll see what happens in the appeals courts." - Cumberland County DA David Freed, president of the Pa. District Attorneys Association

He said it is often difficult to obtain adjudications for juveniles on serious sex crimes because judges know the lifetime registration requirement will apply.

In his decision, Uhler cited studies that juvenile sex offenders are less likely to reoffend than adults who commit sex crimes. SORNA unjustly paints adult and youth offenders with the same brush, he concluded.
- Adult ex-offenders already have a low recidivism rate of 5% or below.

"These provisions were enacted despite a minimal legislative history with regard to how they would impact juvenile offenders, or whether such provisions are necessary with regard to juveniles," the judge wrote.

"The court finds that juvenile sex offenders are different than their adult counterparts...that the rate of recidivism of juvenile sex offenders is low (so is the adult recidivism rate), that they are likely to have their registration status made public and that they are likely to suffer various forms of irreparable harm as a result of being required to register," Uhler found.

In ruling in favor of the seven York County youths, he ordered state police to remove them from the sex offender registry.

Juvenile Law Center and defender association officials said two other similar cases are pending before judges in Lancaster and Monroe counties.

"We agree that all children who act out sexually should be held accountable, but they should also get treatment," said Aaron Marcus, an assistant defender with the defenders association. "All children deserve a chance to grow up and move on with their lives."
- So do adults!

PA - Former magistrate (Ross Cioppa) registered as sex offender

Ross Cioppa

Original Article

01/23/2013

RANKIN - A former Rankin magistrate is on the Megan’s Law website as a registered sex offender.

Ross Cioppa, who was the district justice in Rankin for 13 years, had previously been accused of offering favorable rulings for women in exchange for sex.

Cioppa was sentenced to six months house arrest and four years probation after pleading guilty to four misdemeanor criminal counts.

---

Older Story: Original Article

04/12/2012

A former district magistrate in Rankin pleaded guilty to some charges he was facing in connection to allegations that the offered favorable rulings in exchange for sex.

Ross Cioppa will spend four years on probation and six months on house arrest. He was the district justice in Rankin for 13 years.

Cioppa had been charged with bribery, indecent assault and official oppression after two women came forward saying he made sexual advances toward them in court and in return, he would help their cases.

A statement from one of the women in court read: “I went to him for help. He made my life a living hell.”

The bribery charges were withdrawn and Cioppa pleaded guilty to official oppression and indecent assault.

“I just want to make it very clear – this is not a win – I’m not going to try to spin this,” Phillip DiLucente, Cioppa’s attorney, said. “This is a death to his professional career and this has hurt him both professionally and personally.”

Cioppa told the court medications he is taking may be the reason for his behavior.

“None of us are medical doctors,” DiLucente continued. “I think that’s why it was proper and appropriate Judge Rangos had ordered a mental health evaluation so that this can be dealt with properly, appropriately and how it is supposed to.”

Cioppa told the court he was pleading guilty because he was guilty.

“It could have been the medication I was taking. I am remorseful. I know I can’t turn the time back.”

PA - A Lancaster City man accused of felony sex abuse has been acquitted, but he remains in jail, for over 1 year?

Original Article

09/25/2012

By Chris Papst

A Lancaster City man accused of felony sex abuse has been acquitted, but he remains in jail.

Lancaster Online is reporting that last year this suspect was charged with sexually assaulting a 12-year-old girl. But even though he was acquitted, he’s not free quite yet.

37-year-old [name withheld] has been in the Lancaster County Prison since September of last year.

The charges he was acquitted of could have sent him to jail for a very long time. But after just two hours of deliberation, a jury came back and found him not guilty on all counts.

He maintained though the trial that he was innocent. According to Lancaster Online, [name withheld]’s wife has now filed for a PFA protection from abuse order.

But [name withheld] violated it by calling her. Now he must have a hearing on that violation, which will be in October.

So even though [name withheld] was found not guilty is court, he still remains in jail on $10,000 bail.

PA - Legislation would make child sexual abuse awareness part of school curriculum

Original Article

It's about time they did this, but only if they use facts and not the usual lies we've heard over the years.

09/25/2012

Lawmakers in committee show unanimous support to advance bill

HARRISBURG - So far, lawmakers are showing unanimous support for new legislation designed to help school-aged children protect themselves against sexual abuse.

The bill would make Pennsylvania the fifth state in the country to require children to be taught in school about sexual abuse. Tuesday morning, the House education committee voted to advance the bill to the full House of Representatives without an objection.

If the bill becomes law, public schools would have to incorporate child sex abuse awareness into their health curriculum. Parents could opt their children out of the program, but only after they themselves review the materials.

Lebanon County Rep. Mauree Gingrich introduced the bill. She says child sex abuse is a sensitive topic and one that, as things stand today, children may not learn the signs of at home or school.

"It's too important to wonder if they know what to do. We need to know they know what to do. And this definitely will make a difference on the prevention side," said Gingrich.

The bill calls for age-appropriate lessons nearly every year from kindergarten through eighth grade. Gingrich hopes the bill might get a vote in the House by next week.

The bill will also have to be taken up by the Senate and signed by the governor before it becomes law. You can read the full bill here.

PA - Former policeman sentenced for abetting sex trafficking scheme

Ronald Miko

Original Article

09/25/2012

By Joel Hendon

An FBI press release of September 24, 2012 announced that Ronald Miko, 37, of Reading, Pennsylvania, was sentenced today to 38 months in prison for obstruction of a criminal investigation. Miko was a police officer in the city of Reading when he utilized a room in a house at which convicted federal defendants Paul Sewell and Michael Johnson operated a prostitution business that trafficked females who were under the age of 18. Between May 2, 2011 and June 7, 2011, Miko wired money to Johnson’s federal prison account to prevent the communication of information to criminal investigators regarding Miko’s involvement in that business.

In addition to the prison term, U.S. District Court Judge C. Darnell Jones ordered three years’ supervised release with 450 hours community service and a $1,000 fine.

Ronald R. Miko, 38, told U.S. District Judge C. Darnell Jones II that he never expected to be addressing a judge about committing a crime. "I know what I did is wrong and I accept full responsibility," Miko said, "I am embarrassed before everyone in my life.” (The Reading Eagle)

"The defendant was a sworn officer who took an oath to protect the community," Assistant U.S. Attorney Michelle L. Morgan said. "Instead, he openly associated for several years with a person actively engaged in egregious crimes - crimes which ultimately resulted in the exploitation of children." (Ibid)

The case was investigated by the Allentown Office of the Federal Bureau of Investigation and the Berks County District Attorney’s Office. It was prosecuted by Assistant United States Attorney Michelle L. Morgan.

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.