Sex Offenders: Does Frank Rodriguez Belong on That List?
Published: July 28, 2011
Frank Rodriguez has been a registered sex offender for 15 years. Though the sex was consensual, he pleaded guilty to charges of statutory rape in exchange for seven years probation and, by law, his name went on the list. Now, 15 years later, Rodriguez is married and has four children with Nikki, the woman he's said to have wronged.
The couple says that when Nikki, then 15, finally told her mother she had sex with Frank, 19, mom was so angry she marched Nikki down to the police station to report it. Nikki was forced to undergo a rape exam, though she told police the sex was consensual. Her mother recanted her accusation the next day, but because of Nikki's age (age of consent in Texas is 17), the DA had enough to charge Frank with statutory rape.
“I would say this is a mom who’s trying to use the legal system to parent instead of having a conversation,” said Robin Sax, a criminal defense attorney and former sex crimes prosecutor. “Once you open that Pandora’s box of the legal system, there are consequences, and the consequence here has been a scarlet letter that’s following him and a case where no one would expect someone in this situation to be registered.”
Frank has difficulty getting hired. He can't coach his daughters' sports teams. He has to notify police if he wants to leave the state. All because he had sex with a woman 15 years ago when she was underage, and he’s happily married to her. And he and his wife ask, “Isn't enough, enough?” For their full story, see “The Accidental Sex Offender” in this month's Marie Claire.
Texas is expected to amend its sex offender laws in September. The Rodriguezes hope their petition to have Frank removed from the list will be granted then.
The couple says that when Nikki, then 15, finally told her mother she had sex with Frank, 19, mom was so angry she marched Nikki down to the police station to report it. Nikki was forced to undergo a rape exam, though she told police the sex was consensual. Her mother recanted her accusation the next day, but because of Nikki's age (age of consent in Texas is 17), the DA had enough to charge Frank with statutory rape.
“I would say this is a mom who’s trying to use the legal system to parent instead of having a conversation,” said Robin Sax, a criminal defense attorney and former sex crimes prosecutor. “Once you open that Pandora’s box of the legal system, there are consequences, and the consequence here has been a scarlet letter that’s following him and a case where no one would expect someone in this situation to be registered.”
Frank has difficulty getting hired. He can't coach his daughters' sports teams. He has to notify police if he wants to leave the state. All because he had sex with a woman 15 years ago when she was underage, and he’s happily married to her. And he and his wife ask, “Isn't enough, enough?” For their full story, see “The Accidental Sex Offender” in this month's Marie Claire.
Texas is expected to amend its sex offender laws in September. The Rodriguezes hope their petition to have Frank removed from the list will be granted then.
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