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To: Kevin Curry
Mental illness has NEVER been a defense to a charge of child molestation. On the contrary, the peculiar nature of the mental sickness of pedophilia (e.g, as evidenced by the extremely high recidivism rate) has always been used to ENHANCE punishment because long confinement has been considered the only practical way to keep the sickos away from children.

I wish what you were saying is true, but unfortunately, it is not, at least from my experience as an attorney for a not-for-profit agency that contracts with the local court system and probation department to provide post-conviction mental health evaluation and therapy to pedophiles and other sexual deviants. From my first hand observations, the insanity defense is sometimes used, but rarely successful. Nevertheless, the use of the defense wastes prosecutorial resourses and the threat of the defense becomes a factor when plea bargaining some cases. In addition, despite the extremely high recidivism rate, "first-time offenders" (meaning no prior convictions) are often sentenced to probabtion or short jail sentences upon the condition that they stay away from children and attend group and individual mental health therapy provided by agencies such as the one that I represent.

45 posted on 06/11/2003 4:46:23 AM PDT by Labyrinthos
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To: Labyrinthos
I agree .. I have a friend whose father-in-law sexually abused his own granddaughter.. he got NO jail time and had to go to therapy.. that was IT..nothing more. And a side thought.. and hey if it comes to fruition, this will save the Catholic church a lot of money..
176 posted on 06/11/2003 11:48:30 PM PDT by Zipporah
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