Posted on 04/18/2006 3:18:29 PM PDT by Ellesu
Some legislators want 25-year minimum term
If Louisiana legislators have their way this session, anyone caught inappropriately touching a child the first time would go to prison for a quarter century, minimum.
And if sex offenders ever get out, they would be monitored for the rest of their lives.
Lawmakers say the public has demanded harsh penalties and they’ve delivered 35 proposals that give just that.
But many bills present punishments so draconian that even some prosecutors have asked lawmakers to back off a bit.
The legislation, if passed into law, means sex offenders could not:
- Attend church or swim in a public pool.
- Wear masks at Mardi Gras or give out candy at Halloween.
But sex offenders would have to:
- Move if someone opened a daycare center too near their residence.
- Get castrated after a second offense.
Plus, their elderly parents could be prosecuted for not keeping up with their adult sex offender children, even after going to a nursing home.
Sue Bernie, the assistant district attorney who heads the sex crimes division in Baton Rouge, said such stiff mandatory sentences “would have an adverse impact upon the prosecution of these cases.”
Prosecutors want flexibility.
They want the ability to throw away predators with repeated crimes under their belt, she said. But they want elasticity so that every case does not turn into a titanic struggle at trial.
They have been able to modify some of the legislation coming out of the House of Representatives.
But a new passel of bills is scheduled for debate before the Senate Judiciary C committee this morning.
Few defenders
Some of the bills being considered by the Legislature plug holes in the law that requires sex offenders to register and mail neighbors postcards warning of their presence. Other measures attempt to better define the process for deciding just who must wear expensive global positioning satellite monitors for the rest of their lives.
But, by far, the measures that have attracted the most attention are those that stiffen the penalties against offenders.
“A lot of it is grandstanding because a good number of the bills say the same thing,” said Cathy Guess, a Baton Rouge human-rights advocate. “These legislators want to come out in election year being tough on crime.”
Few want to go on record defending child molesters, including Guess.
Even the head of Louisiana COPE, the prisoner rights advocacy group that is monitoring the sex offender legislation, refused to comment publicly.
Four different sex offenders listed on the state’s registry refused to publicly discuss the legislation or its possible impact on them. All described the difficulties of sorting out the myriad of reporting requirements and of finding jobs that pay enough money to cover the monthly fees, which top $100 in some parishes, necessary for reporting.
Blame the media
Fueled by radio and television talk-show hosts who repeat in angry tones the gut-wrenching stories of children kidnapped, molested and murdered, the voting public in Louisiana and across the nation is demanding harsh and costly sentences, said Rep. Danny Martiny, R-Kenner, on April 6 when his House Criminal Justice committee held hearings on 17 of the bills.
George Stiemel, who lobbies for the Louisiana Criminal Defense Lawyers Association, also blames the media.
Martiny and Stiemel don’t agree on much but both say people react emotionally to the disturbing images of police searching for youngsters stolen from their families. But cases that involve predatory strangers are rare.
They do not reflect statistics compiled by the U.S. Congress that show 85 percent of the child victims knew and trusted their attackers. Nor do they reflect U.S. Department of Justice statistics that show people convicted of sex crimes against children are a third less likely than other criminals to be rearrested after their release from prison.
“I’d like to think they’re doing the right thing regardless of whether it’s an election year or not,” Stiemel said. “But if they think giving someone a 25-year sentence is going to somehow solve the problem of molestation of juveniles, well, they’re just living in wonderland.”
Even the main sponsor of the House’s offering to increase sentences for sex crimes against children under age 13 said he was surprised at the lack of opposition.
“It’s like voting against apple pie and motherhood. Nobody can get up much sympathy for child molesters,” said Rep. Charles McDonald, D-Bastrop.
His House Bill 4, which was joined by the sponsors of four identical measures, passed the House unanimously on April 11.
McDonald said he agreed to amend HB4 after district attorneys raised concerns that his original measure restricted their flexibility.
HB4 would raise the minimum sentence for people convicted of sexually abusing children. But the legislation was amended to allow prosecutors the option of pursuing a 25-year-to-life sentence, rather than a locked-in 25 years.
Most offenders are family
That choice is a practical necessity in the real world of litigating cases, said Bernie, the Baton Rouge sex-crime prosecutor.
Proving beyond reasonable doubt that an adult molested a child is often difficult because the prosecution’s only witness usually is a minor. Other evidence that suggests a crime has been committed may be enough to push a guilty adult to confess, thereby saving the child from the trauma of having to testify before adults to accuse an adult.
“But if we’re talking 25 years to life, then the defendant may decide to roll the dice,” Bernie said.
Still, some sex offenders need to be locked up for a long time, said Hugo Holland, the assistant in charge of the Caddo Parish District Attorney’s sex-crimes unit. The serial pedophile, the one who repeatedly preys on children, “he should be in prison for as long we can get him there,” Holland said.
However, most offenders are family members, he said. No matter how repulsive their offenses, there’s a difference between the drunken uncle who fondles the breast of his niece through her shirt and the serial pedophile who preys on children, he said.
“If the Legislature criminalizes (convicted sex offenders) handing out Halloween candy, well, we’ll enforce it but they’re not going to keep any children from being molested,” Holland said. “I’m much more concerned about who’s helping the children count the candy in the living room.”
Sex offender prohibitions around the nation: NEW YORK: Can’t sell ice cream. ILLINOIS: Can’t play Santa Claus ILLINOIS: Can’t pass out candy FLORIDA: Mandatory 25 years to life sentence. MISSISSIPPI: Reregister every 90 days Source: National Conference of State Legislatures
Current sentences for molesting a child under the age of 13 years: - $10,000 fine - 5 to 15 years in prison - Registration on a state Internet site for 10 years Source: Louisiana revised statutes
That has been part of my thinking, too. I no longer have a child in the public schools here. I can tell you that, if I did, there wouldn't be any pro-gay indoctrination going on for my child. He got out before that garbage started. Why address the gay issue at all in school? Health education belongs in the high school, sexuality doesn't belong in school at all.
Funny, I was going to use that as an example of previous stupidity of our legislators................and of course the WOD fiasco
That's for a judge and jury to decide, not pandering politicians.
I agree...We're coming up with these 'feel good' laws but what about the kids???
25 years is a life sentence...Your odds of going to prison for life will certainly decrease if you kill and dispose of the witness...
Good intentions, maybe...Bad idea...
The state has no business making law within the churches jurisdiction. No soul seeking repentence should be turned away.
What the state does to the person outside of the chuch after he begs God for forgiveness is fine.
Hang them all.
No there isn't. Is this an admission of guilt on his part?
Will they get colored license plates too?
I used to believe that. Check out Dorothy Rabinowitz for starters:
http://www.amazon.com/gp/product/0743228340/102-9979189-2797724?v=glance&n=283155
But it does happen... I know, personally. And when I hear about it happening to somebody else I get really miffed. I can only hope it's rare...
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