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Tuesday, March 22, 2011

City Beat (San Diego, CA)

While "surfing" the internet this morning (4:00AM - I still have trouble sleeping) I came across a very cool alternative newspaper callled City Beat out of San Diego that has written some great articles on the nightmare know as Jessica's Law. Here's some of the articles.

Tuesday, March 9,2010
Editorial

The problem with sex offenders

Let's hope Nathan Fletcher's inquiry is genuine and not merely a grab for law-and-order glory

By CityBeat Staff
It was as predictable as the new reality of rainfall every weekend in San Diego: A state lawmaker was sure to make camp in the spotlight amid the grief and anger over the apparent murder of two teenage girls and vow to spearhead sweeping changes to current law.
Tuesday, April 15,2008
News

Sex offenders!!!

Do our laws really protect kids, or are they misdirected reactions based on myths, misperceptions and stereotypes?

By Kelly Davis
Most people reading this will remember when there were no public sex-offender registries—no online portals where you can type in your address and find out if a sex offender is living nearby or sign up to receive an e-mail alert when one moves into your neighborhood.
Wednesday, February 23,2011
Editor's Note

That's another story

It takes longer than a few minutes to explain why some sex offenders need defending

By David Rolland
I received a letter a couple of weeks ago from an anonymous correspondent who’d heard me talking about sex offenders on KPBS’s Feb. 4 Editors Roundtable radio show.
Wednesday, February 2,2011
News

Without a home...

Sex offenders press judge for relief from Jessica’s Law

By Kelly Davis
In 1989, Mike pleaded guilty to misdemeanor sexual assault. It was a he said / she said case: His girlfriend at the time accused him of touching her breasts after she’d told him to stop.
Wednesday, September 15,2010
Letters

A few corrections and our reader's feedback

Corrections, and our reader's takes on sex offenders, intolerance and Rancho Bernardo


Wednesday, September 8,2010
Letters

More on the 'unintended consequence'

A readers tells a story about the nightmarish reality of our sex-offender laws

Regarding your cover story about homeless sex offenders [“Unintended consequence,” Sept. 1]: Thank you for bringing some of these issues to the forefront.
Tuesday, April 6,2010
News

No quick fix

Emotion-driven debate over sex-offender laws rarely leads to progress

By Kelly Davis
At a March 30 town-hall meeting, someone in the audience asked state Assemblymember Nathan Fletcher whether the law he’s proposing, prompted by the murder of 17-year-old Chelsea King, would apply to all registered sex offenders.

Tuesday, December 8,2009
News

Who's watching the watchdog?

Despite error, the Union-Tribune's nonprofit news outfit stands by its story

By Kelly Davis
The Watchdog Institute’s findings are based on a flawed interpretation of Jessica’s Law, the 2006 referendum that, among other things, placed lifetime residence restrictions on California’s sex offenders.

Monday, March 21, 2011

CA RSO's Petition Jessica's Law (KPBS)

Editors Roundtable banner

Convicted Sex Offenders Petition For Changes To Jessica’s Law

The number of homeless sex offenders has increased dramatically since Jessica's Law passed in 2006. The law prevents convicted sex offenders from living within 2,000 feet of a school or a park. We discuss why the law's requirements are making it difficult for sex offenders to find places to live, and why some convicted sex offenders in San Diego are challenging the law's residence restrictions.
Guests
David Rolland, editor of San Diego CityBeat
Kent Davy, editor of the North County Times
JW August, managing editor for 10 News

Read Transcript


Comments

Avatar image for user 'olsentm'

olsentm | February 4, 2011 at 9:55 a.m. ― 1 month, 2 weeks ago


Perhaps the "plight" of sex offenders who find themselves homeless because of Jessica's should be a lesson to aspiring sex offenders. The easy solution is to not be a sex offender. I have no pity.

Avatar image for user 'AnnOminous'

AnnOminous | February 5, 2011 at 1:21 p.m. ― 1 month, 1 week ago


To Olsentm,
You are just as ignorant as the people who wrote Jessica's Law. It's bad enough that the recession had created homelessness across the state that even I'm starting to see the homeless in neighborhoods that NEVER had them before, both sex offenders AS WELL as mothers with children at tow. It's worse when people like you don't see with opened eyes and how this kind of attitude is turning America into Dystopia.
Jessica's Law does not protect anyone, not even my father. He got caught up in this bullcrap over some child pornography accidentally downloaded several years ago via dial-up in unmarked zip files; he was originally trying to collect tasteful nudes of both sexes when I asked for some references for potential self-taught life drawing. It was only by sheer chance of a timeline loophole that, thanks to our lawyer's reasoning, since the FBI discovered his home computer containing unsorted and unlabeled child pornography few hours before the law was put into effect non-retroactively, he did not get the full penalty of Jessica's Law. If fate had been crueler, he would have been either evicted from our house, separated from his family, or sent to jail where he would more than likely die within a week under the fisticuffs of 'high-moral' murderers.
Jessica's Law was set up to demonstrate to the public that 'they' were doing something about these recent medial banterings of sex offenders. This law specifically targets innocent bystanders who are not violent by nature but know nothing about how serious possessing child pornography is. Even a sex-related spamertisement email, if accidentally opened and shows a nude teenager and your hard-drive writes it down into its cache, will get you into so much trouble -- yes, over one f#@$ing picture!
In addition, the homeless sex offenders, who are extremely hard to track down BECAUSE they have no home, are more than likely to cause more crimes unrelated to their original offense, or even molest the aforementioned homeless child in front of the defenseless, homeless mother. The increasing number of homeless sex offenders is endangering the public.
Jessica's Law had made me lose faith in the justice system, because I know very darn well while they prosecute innocent people like my father for being a pervert, the smarter criminals who really ARE child molesters and sex demons are still out there doing their thing unnoticed by anyone. And I'm sure one day, one of those perverts will come for me at random. I do not want to go down being attacked by a sex offender made homeless under Jessica's Law.
There is no solution to control the sex offenders, and laws do not change people; they just do things quietly and hope to God they don't get caught. It protects no one, not the children, not the victims, and definitely not the falsely accused ones. Your lack of pity will one day bite you in the butt when you have a run-in with the law in the most surreal dystopian manner.

Avatar image for user 'rokeee'

rokeee | February 5, 2011 at 9:17 p.m. ― 1 month, 1 week ago


Yah, Yah, I know someone living under those restrictions for being caught peeing on the side of the freeway. They called it Indecent exposure. He is treated like a chester now. He is an MMA cagefighter who can't train now because of that GPS monitor on his damn ankle. If if it breaks, he's toast. Anyhow, the fact that a judicial system of the USA that allows laws like that to be granted to where people are made to be homeless is still alot to fathom. The next thing you'll know you'll be shot on sight for not paying your traffic tickets, let the people vote for that one, there will be plenty of open seats for politicians to replace after that. Yep, the law makers are out of control now.

Sunday, March 20, 2011

Unjust and Ineffective

Sex laws

Unjust and ineffective

America has pioneered the harsh punishment of sex offenders. Does it work?

Illustration by Noma Barr
ONE day in 1996 the lights went off in a classroom in Georgia so that the students could watch a video. Wendy Whitaker, a 17-year-old pupil at the time, was sitting near the back. The boy next to her suggested that, since it was dark, she could perform oral sex on him without anyone noticing. She obliged. And that single teenage fumble wrecked her life.
Her classmate was three weeks shy of his 16th birthday. That made Ms Whitaker a criminal. She was arrested and charged with sodomy, which in Georgia can refer to oral sex. She met her court-appointed lawyer five minutes before the hearing. He told her to plead guilty. She did not really understand what was going on, so she did as she was told.
She was sentenced to five years on probation. Not being the most organised of people, she failed to meet all the conditions, such as checking in regularly with her probation officer. For a series of technical violations, she was incarcerated for more than a year, in the county jail, the state women’s prison and a boot camp. “I was in there with people who killed people. It’s crazy,” she says.
She finished her probation in 2002. But her ordeal continues. Georgia puts sex offenders on a public registry. Ms Whitaker’s name, photograph and address are easily accessible online, along with the information that she was convicted of “sodomy”. The website does not explain what she actually did. But since it describes itself as a list of people who have “been convicted of a criminal offence against a victim who is a minor or any dangerous sexual offence”, it makes it sound as if she did something terrible to a helpless child. She sees people whispering, and parents pulling their children indoors when she walks by.

Punish first, think later


The registry is a gold mine for lazy journalists. A local television station featured Ms Whitaker in a spot on local sex offenders, broadcasting a helpful map showing where she lives but leaving the specifics of the crime to each viewer’s fearful imagination. “My husband’s family saw me on TV,” she says. “That’s embarrassing.”
What Ms Whitaker did is no longer a crime in Georgia. The state’s sodomy laws, which in 1996 barred oral sex even between willing spouses, were struck down by court rulings in 1998 and 2003. And since 2006, thanks to a “Romeo and Juliet” clause in a sex-crimes law, consensual sex between two teenagers has been a misdemeanour, not a crime, if one partner is underage but no more than four years younger than the other.
The Romeo and Juliet clause was not retroactive, however, so Ms Whitaker is stuck on the register, and subject to extraordinary restrictions. Registered sex offenders in Georgia are barred from living within 1,000 feet of anywhere children may congregate, such as a school, a park, a library, or a swimming pool. They are also banned from working within 1,000 feet of a school or a child-care centre. Since the church at the end of Ms Whitaker’s street houses a child-care centre, she was evicted from her home. Her husband, who worked for the county dog-catching department, moved with her, lost his job and with it their health insurance.
Thanks to a lawsuit filed by the Southern Centre for Human Rights, a group that campaigns against rough justice, Ms Whitaker won an injunction allowing her to return home. But her husband did not get his job back, and now works as a labourer. The two of them are struggling financially. And Ms Whitaker is still fighting to get her name removed from the registry. “When you’re a teenager, you do stuff,” she says. “You don’t think you’ll be paying for it when you’re nearly 30.”
Every American state keeps a register of sex offenders. California has had one since 1947, but most states started theirs in the 1990s. Many people assume that anyone listed on a sex-offender registry must be a rapist or a child molester. But most states spread the net much more widely. A report by Sarah Tofte of Human Rights Watch, a pressure group, found that at least five states required men to register if they were caught visiting prostitutes. At least 13 required it for urinating in public (in two of which, only if a child was present). No fewer than 29 states required registration for teenagers who had consensual sex with another teenager. And 32 states registered flashers and streakers.
Because so many offences require registration, the number of registered sex offenders in America has exploded. As of December last year, there were 674,000 of them, according to the National Centre for Missing and Exploited Children. If they were all crammed into a single state, it would be more populous than Wyoming, Vermont or North Dakota. As a share of its population, America registers more than four times as many people as Britain, which is unusually harsh on sex offenders. America’s registers keep swelling, not least because in 17 states, registration is for life.
Illustration by Noma Barr
Georgia has more than 17,000 registered sex offenders. Some are highly dangerous. But many are not. And it is fiendishly hard for anyone browsing the registry to tell the one from the other. The Georgia Sex Offender Registration Review Board, an official body, assessed a sample of offenders on the registry last year and concluded that 65% of them posed little threat. Another 30% were potentially threatening, and 5% were clearly dangerous. The board recommended that the first group be allowed to live and work wherever they liked. The second group could reasonably be barred from living or working in certain places, said the board, and the third group should be subject to tight restrictions and a lifetime of monitoring. A very small number “just over 100” are classified as “predators”, which means they have a compulsion to commit sex offences. When not in jail, predators must wear ankle bracelets that track where they are.
Despite the board’s findings, non-violent offenders remain listed and subject to a giant cobweb of controls. One rule, championed by Georgia’s House majority leader, banned them from living within 1,000 feet of a school bus stop. This proved unworkable. Thomas Brown, the sheriff of DeKalb county near Atlanta, mapped the bus stops in his patch and realised that he would have to evict all 490 of the sex offenders living there. Other than the bottom of a lake or the middle of a forest, there was hardly anywhere in Georgia for them to live legally. In the end Georgia’s courts stepped in and suspended the bus-stop rule, along with another barring sex offenders from volunteering in churches. But most other restrictions remain.
Sex-offender registries are popular. Rape and child molestation are terrible crimes that can traumatise their victims for life. All parents want to protect their children from sexual predators, so politicians can nearly always win votes by promising curbs on them. Those who object can be called soft on child-molesters, a label most politicians would rather avoid. This creates a ratchet effect. Every lawmaker who wants to sound tough on sex offenders has to propose a law tougher than the one enacted by the last politician who wanted to sound tough on sex offenders.

A self-defeating pillory


So laws get harsher and harsher. But that does not necessarily mean they get better. If there are thousands of offenders on a registry, it is harder to keep track of the most dangerous ones. Budgets are tight. Georgia’s sheriffs complain that they have been given no extra money or manpower to help them keep the huge and swelling sex-offenders’ registry up to date or to police its confusing mass of rules. Terry Norris of the Georgia Sheriffs’ Association cites a man who was convicted of statutory rape two decades ago for having consensual sex with his high-school sweetheart, to whom he is now married. “It doesn’t make it right, but it doesn’t make him a threat to anybody,” says Mr Norris. “We spend the same amount of time on that guy as on someone who’s done something heinous.”
Money spent on evicting sex offenders cannot be spent on treating them. Does this matter? Politicians pushing the get-tough approach sometimes claim that sex offenders are mostly incorrigible: that three-quarters or even nine out of ten of them reoffend. It is not clear where they find such numbers. A study of nearly 10,000 male sex offenders in 15 American states found that 5% were rearrested for a sex crime within three years. A meta-analysis of 29,000 sex offenders in Canada, Britain and America found that 24% had reoffended after 15 years.
That is obviously still too high. Whether or not treatment can help is disputed. A Californian study of sex offenders who underwent “relapse prevention”, counselling of the sort that alcoholics get from Alcoholics Anonymous, found that it was useless. But a meta-analysis of 23 studies by Karl Hanson of Canada’s department of public safety found that psychological therapy was associated with a 43% drop in recidivism. Some offenders—particularly men who rape boys—are extremely hard to treat. Some will never change until they are too old to feel sexual urges. But some types of treatment appear to work for some people and further research could yield more breakthroughs.
Publicising sex offenders’ addresses makes them vulnerable to vigilantism. In April 2006, for example, a vigilante shot and killed two sex offenders in Maine after finding their addresses on the registry. One of the victims had been convicted of having consensual sex with his 15-year-old girlfriend when he was 19. In Washington state in 2005 a man posed as an FBI agent to enter the home of two sex offenders, warning them that they were on a “hit list” on the internet. Then he killed them.
Murders of sex offenders are rare, but harassment is common. Most of the offenders interviewed for this article said they had experienced it. “Bill”, who spent nine months in jail for having consensual sex with a 15-year-old when he was 27 and is now registered in North Carolina, says someone put up posters with his photograph on them around his district. (In at least four states, each offender’s profile on the online registry comes with a handy “click to print” function.) The local kids promptly stopped playing with Bill’s three children. And someone started leaving chopped-up sausages on his car, a possible reference to castration. Bill and his family moved house.
Jill Levenson, of Lynn University in Florida, says half of registered sex offenders have trouble finding jobs. From 20% to 40% say they have had to move house because a landlord or neighbour realised they were sex offenders. And most report feeling depressed, hopeless or afraid.
“Mike” spent a year and a half behind bars for statutory rape after having sex with a girl who said she was 17, but was two years younger. He was 22 at the time. Since his release, he has struggled to hold down a job. Once, he found work as a security guard, but his probation officer told him to quit, since the uniform lent him an air of authority, which would not do.
He is now unemployed, and lives in a flophouse in Atlanta between a jail and a strip club. The area is too desolate to have any schools or parks, so he is allowed to live there. His neighbours are mostly other sex offenders and mentally ill folk who talk to themselves. “It’s Bumville,” sighs Mike. His ambition is to get a job, keep it and move out. Any job will do, he says.
Several studies suggest that making it harder for sex offenders to find a home or a job makes them more likely to reoffend. Gwenda Willis and Randolph Grace of the University of Canterbury in New Zealand, for example, found that the lack of a place to live was “significantly related to sexual recidivism”. Candace Kruttschnitt and Christopher Uggen of the University of Minnesota and Kelly Shelton of the Minnesota Department of Corrections tracked 556 sex offenders on probation and found less recidivism among those with a history of stable employment.
Some bosses do not mind hiring sex offenders, if they know the full story and the offender does not seem dangerous. But an accessible online registry makes it all but certain that a colleague or a customer will find out about a sexual conviction. Sex offenders often report being sacked for no apparent reason. Mike had a job at a cake shop. His boss knew about his record. But one day, without warning, he was fired.
Publicly accessible sex-offender registries are intended to keep people safe. But there is little evidence that they do. A study by Kristen Zgoba of the New Jersey Department of Corrections found that the state’s system for registering sex offenders and warning their neighbours cost millions of dollars and had no discernible effect on the number of sex crimes. Restricting where sex offenders can live is supposed to keep them away from potential victims, but it is doubtful that this works. A determined predator can always catch a bus.
Laws that make life hard for sex offenders also affect their families. A survey by Ms Levenson found that 86% of family members felt stressed because of registration and residence rules, and 49% feared for their own safety. “It’s very difficult,” says Bill. “Pretty much all the things that make you a good father are now illegal for me to do.” He cannot take his children to a park, a pool, or a museum. He cannot be at any of their school events. And his children are ostracised. “The parents find out I’m registered and that’s it,” he sighs.
The penalties for sex offenders who break the rules can be severe. In Georgia the first time you fail to provide an accurate address or register annually with the county sheriff to be photographed and fingerprinted, you face ten to 30 years in prison. The second time: life. Yet because living on a public sex-offender registry is so wretched, many abscond.
Some states have decided that harsher sex laws are not always better. Iowa has sharply reduced the number of sex offences for which residency restrictions apply. Previously, all Iowan sex offenders who had abused children were barred from living within 2,000 feet of a school or child-care centre. Since where offenders lived was defined as where they slept, many would spend the day at home with their families and sleep at night in their cars at a highway rest stop. “That made no sense,” says Corwin Ritchie of the Iowa County Attorneys Association. “We don’t try to monitor where possible bank robbers sleep.”
The Iowan politicians who relaxed the law gave themselves cover by adding a new rule against “loitering” near schools. Mr Ritchie thinks the new rules are better, but he would rather get rid of the residency restrictions entirely and let probation officers make recommendations for each individual offender.

No quarter


Nationwide, the trend is to keep getting stricter. In 1994 Congress ordered all states that had not yet done so to set up sex-offender registries or lose some funding. Two years later it ordered them to register the most serious offenders for life. In 2006 it passed the Adam Walsh Act, named for a six-year-old boy who was kidnapped and beheaded, broadening the categories of offence for which registration is required and obliging all states to upload their registries to a national database. States had until this summer to comply with that provision. Some objected. In May they were given another year’s breathing space.
Illustration by Noma Barr
Other countries now seem to be following America’s lead. Hottest on its heels is Britain, where the sex-offenders’ registry includes children as young as 11. The British list is not open to the public, but in some areas parents may ask for a check on anyone who has unsupervised access to their child. France, too, now has a closed national directory of sex-offenders, as does Austria, which brought in some American-style movement restrictions on sex offenders earlier this year. After the disappearance in Portugal in 2007 of Madeleine McCann, a British toddler, some European politicians have called for a pan-European registry.
Human Rights Watch urges America to scale back its sex-offender registries. Those convicted of minor, non-violent offences should not be required to register, says Ms Tofte. Nor should juveniles. Sex offenders should be individually assessed, and only those judged likely to rape someone or abuse a child should be registered. Such decisions should be regularly reviewed and offenders who are rehabilitated (or who grow too old to reoffend) should be removed from the registry. The information on sex-offender registries should be held by the police, not published online, says Ms Tofte, and released “on a need-to-know basis”. Blanket bans on all sex offenders living and working in certain areas should be abolished. Instead, it makes sense for the most dangerous offenders sometimes to face tailored restrictions as a condition of parole.
That package of reforms would bring America in line with the strictest laws in other rich countries. But few politicians would have the courage to back it. “Jane”, the mother of a sex offender in Georgia, says she sent a letter to her senator, Saxby Chambliss, urging such reforms. “They didn’t even read it,” she says. “They just sent me a form letter assuring me that they were in favour of every sex offender law, and that [Senator Chambliss] has grandchildren he wants to protect.”

Is CA's Upcoming Ban on RSO's from Social Networks a Good Law?

   Not only do I have to live like a pariah in society, I soon my be banned from Cyber Space too. Read on.





 
August 13, 2009 3:12 PM PDT

Social-networking ban for sex offenders: Bad call?

The just-signed Illinois law banning sex offenders from social-networking sites might seem like a good idea to protect children, but it will have virtually no impact on their safety and could wind up making things worse.
The law, which was signed Thursday by Illinois Governor Pat Quinn, would prevent registered sex offenders in Illinois from using a social-networking service defined as an "Internet Web site containing profile Web pages...that include the names or nicknames of such members, photographs...or any other personal or personally identifying information."
The definition also includes "the ability to leave messages or comments on the profile Web page that are visible to all or some visitors to the profile Web page," which might be interpreted to include news sites, including CNET News, that allow visitors to register and leave comments.
But let's start with the problem the law is trying to solve. It's aimed at adults who troll the Web in search of children to sexually exploit. While such people do exist, they are rarely successful in harming youth whom they meet through the Internet. Every peer-reviewed study conducted by the Crimes Against Children Research Center and other scholarly organizations, as well as the report of Internet Safety Technical Task Force, has concluded that the risk of online predators is greatly exaggerated.
I'm not aware of any cases of a predator harming a prepubescent child whom he met on the Internet, and there are very few publicly known cases of sexual contact between a teenager and an adult they met online. In those few cases where contact has occurred, it is often because the teenager was aggressively seeking the contact and where the teen was also engaged in offline risky behavior. These cases are typically between a teenage girl and young adult male between 18 and 25.
Law enforcement officials and politicians will point to plenty of Internet predator cases, but the overwhelming majority are either sting operations, in which no child was harmed, or child pornography cases which, while horrendous, are not addressed by this law.
A January 2009 analysis of Pennsylvania cases by the Center for Safe and Responsible Internet Use found, during a four-year period, that "only eight incidents involved actual teen victims with whom the Internet was used to form a relationship," compared to 9,934 children who were sexually abused in a single year in that state.
If the law had no negative consequences, I would give it a pass. After all, who cares about the rights of people who have been convicted of sex offenses? Well, I do. Not because I think they're wonderful people but because it's in all of our interest that, if they're not in prison, they be integrated into society to the extent that they can function and be able to find and hold appropriate jobs. Keeping these individuals away from the very types of sites that can help them in their careers is counterproductive to the goal of rehabilitating them.
The other issue is how we classify sex offenders. Not everyone on every state sex offender list is a danger to children. A recent article in The Economist, entitled "Unjust and Ineffective, observes that "Many people assume that anyone listed on a sex offender registry must be a rapist or a child molester. But most states spread the net much more widely."
Citing a report from Human Rights Watch, the article says "at least five states required men to register if they were caught visiting prostitutes. At least 13 required it for urinating in public (in two of those states, only if a child was present). No fewer than 29 states required registration for teenagers who had consensual sex with another teenager. And 32 states registered flashers and streakers."
The article describes the plight of a young woman who, in 1996 at age 17, was charged with having oral sex with a 16-year-old boy. She was given jail time and probation, and wound up on a sex offender list. Should she be banned from having a Facebook account or the ability to publicly comment on posts like this one? I think not.
I'll leave it up to others to debate our sex offender registry policy. Adam Thierer and Robin Sax have just written thoughtful responses to The Economist's article, taking differing points of view, but I do think that we need to be careful about not indiscriminately shutting down social-networking access to all registered sex offenders. Some probably yes, but not every one of them.
Another reason to question this law is that it can lead to more than one false sense of security. To begin with, the most dangerous sex offenders aren't necessarily the ones who are registered but the many who haven't yet been caught and convicted. And if we focus exclusively on predation, we're likely to lose track of the most dangerous aspects of youth online behavior, which are mostly either kid on kid--such as bullying, harassment, and impersonation--or self-imposed risks such as sexting or posting information that could be embarrassing later in life.
CBSNews.com's Declan McCullagh has also weighed in on this case.


Read more: http://news.cnet.com/8301-19518_3-10309421-238.html#ixzz1HCSEyGAA

The CA Megan's Law Listing on me is a Lie

The California Megan's Law listing of RSO's on me is a LIE. A lie I have been haunting me for 25+ years. This horrid listing with the entire world to see states that my offense is "Rape with Force or Fear". I have documented evidence that states that this "crime" contained NO violence and NO threats of violence. The sick and serial false accuser made her false accusation against me for a million dollar lawsuit. I have the following:

* Medical records that show "victim" did NOT have a scratch on her (1985).
* Trial transcripts where "victim" states that she lied in earlier statements and that she was NOT harmed in anyway AND she or NOT threatened in anyway (1989).
* Parole Board ruling that "victim" was NOT harmed physically or emotionally And was NOT threatened in anyway (1990).

I plan to see what I can do do to appeal this horrible listing on CA's Megan's Law listing that makes me out to be a monster. This nightmare never ends.

Saturday, March 19, 2011

RSO's in CA Banned from Social Networks Too?

Social Networks: CA Sex Offenders Could Get Banned

| No TrackBacks
Several states already have laws on the books to keep sexual predators off MySpace and Facebook. Now, CA sex offenders could get banned from social networking sites too.
According to the Orange County Register, state lawmakers are proposing a new law that makes it illegal for registered CA sex offenders to use any social networking site including Facebook and MySpace.
Officials claim the Internet is the new playground for sexual predators looking for victims.
Assemblywoman Norma Torres (D-Pomona) is author of the proposed law AB 2208. This bill would make it a misdemeanor for any person required to register as a sex offender to use any Internet social network web site.
Specific penalties are still being worked out but violators could face up to six months in jail and a $1,000 fine.
As previously discussed, more than 3,500 registered New York sex offenders were kicked off of MySpace and Facebook were kicked off of MySpace and Facebook and other social networking sites.
The purge was part of the first database sweep since New York's Electronic Securing and Targeting of Online Predators Act "e-STOP" which took effect last year. The New York e-STOP program is the first of its kind.
In Georgia, a new bill also is on the table that could keep sex offenders off social networking sites. The proposed law would allow the Georgia Bureau of Investigation to release to social networking sites, like Facebook or MySpace, the email addresses and usernames of registered sex offenders, so that the social networking sites can match them up with people's profiles.
The bill could be passed as early April, and go into effect as soon as July.

Measure would ban sex offenders from Facebook, MySpace

Tuesday, March 02, 2010

Registered sex offenders in California may soon be barred from using social networking sites like Facebook and MySpace. San Francisco District Attorney Kamala Harris is sponsoring legislation she believes will protect children from predators.

If it becomes law, registered sex offenders in California would face jail time if they are caught on social networking websites. But, critics say the question really is, "How will those predators be caught?"
Most everyone agrees, young people are vulnerable to those they meet online, especially sex offenders.
"These young people are disclosing a lot about themselves and they are developing relationships of trust with perfect strangers," Harris says.
San Francisco's District Attorney Kamala Harris is behind the bill proposed by Assemblywoman Norma Torres of Los Angeles County that would ban registered sex offenders from using social networking sites.
"There is so much going on in kids utilizing technology, social networking sites, that we don't really know all the ways in which we can better protect kids, but this is a good first step," says Debbie Lee, with the Family Violence Prevention Fund.
The most obvious question is, "How will it be enforced?"
Harris says, "The way you enforce it, is you enforce it as we do as the lieutenant talked about, in terms of figuring out and responding to tips, responding to information that we receive," says.
"We are inviting you to tell us, to tell your parents of what is happening to you when you are on the internet," says Torres.
Chris Kelly was chief counsel for Facebook, which four years ago banned registered sex offenders from the site. Like Harris, Kelly is running for attorney general. He says California needs a more comprehensive law like the one New York has.
"What we need to do is require offenders to provide more information to the state so that sites can do it more effectively," he says.
Kelly helped New York Attorney General Andrew Cuomo's office draft the 2008 law called the Electronic Security and Targeting of Online Predators act known as "e-STOP." New York requires that all registered sex offenders must provide their e-mail addresses, site usernames and online profiles.
In New York, the information provided by a sex offender is then turned over to those companies that run social networking sites and it is another felony if they are caught.

Sunday, March 13, 2011

Excluded Evidence

The unconstitutional Rape Shield Laws are what got me convicted by hiding vital evidence from  the jury in 1989. Cathy Young is one of the best writer/ researchers in the country on gender issues. She was kind enough to include my wrongful conviction in this article. She also included my wrongful conviction in her book - Ceasefire: Why Men and Women Must Join Forces to to Gain True Equality .
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Excluded Evidence

The dark side of rape shield laws


Many continuing threats to civil liberties in America are completely unrelated to terrorism or to national security. Furthermore, many civil libertarians are silent about these abuses, because they are motivated by "progressive" goals -- such as ostensibly protecting women from abuse.
Consider the widening reach and the unintended consequences of rape shield laws. These statutes, hailed as a way to keep victims from being smeared as sluts in court, have sometimes kept juries from hearing evidence highly relevant to the guilt or innocence of the accused.
On November 1, a court in Manhattan dismissed all charges against Oliver Jovanovic, a student at Columbia University. Jovanovic was at the center of a notorious "cybersex" case involving an Internet acquaintance, a real-life date, and accusations of kidnapping, sexual assault, and sexual torture.
In 1998, Jovanovic was convicted of attacking Barnard College student Jamie Rzucek (whose name has been disclosed by some media outlets after the case was dismissed) and was sentenced to a minimum of 15 years in prison. Rzucek claimed that Jovanovic held her captive in his apartment for 20 hours and subjected her to torture and sexual abuse. The defense argued that there was no torture -- Rzucek's claim that Jovanovic forcibly sodomized her was disputed by medical evidence, and the jury returned a not-guilty verdict on the counts pertaining to this act -- and that the bondage was consensual.
This argument was crippled by Judge William Wetzel's decision to exclude portions of the e-mail correspondence between Jovanovic and Rzucek in which she discussed her adventures in sadomasochism, including her sadomasochistic relationship with another man. The messages, the judge held, were inadmissible under New York State's rape shield law because they had to do with the accuser's sexual conduct.
In late 1999, the Appellate Division of the New York State Supreme Court, by a 3-to-1 vote, set aside the conviction on the grounds that Judge Wetzel had applied the rape shield law improperly and left the jury with a "distorted view of the evidence." The case was sent down for retrial, but Rzucek proved reluctant to testify a second time, and prosecutors eventually sought a dismissal "in the interests of justice." Jovanovic's vindication came at a high price: as much as $500,000 in legal fees, not to mention 20 months spent in state penitentiaries.
Rape shield laws, which mostly date from the 1970s and are virtually universal today, enjoy broad public support. In surveys, about three-quarters of Americans agree that a woman's past sexual life should not be an issue in a rape case. Indeed, it seems obvious that to quiz a woman who says she was raped about whether she has had two, 10, or 20 sexual partners is not only cruel and degrading but irrelevant to the question of whether she consented to sex with the man in the dock. But in quite a few cases, rape shield laws have been applied to evidence that has a direct bearing on the credibility of the accuser (and, sometimes, only the most tenuous connection to her sexual past).
Prior to the Jovanovic trial, the most notorious case to raise these issues was that of sportscaster Marv Albert, who was accused by his longtime friend and sex partner Vanessa Perhach of oral sodomy and assault. At the 1997 trial, notable for tawdry details of transvestitism and kinky sex, Albert's attorneys wanted to bring up Perhach's alleged conduct with other men, particularly men who left her -- as Albert, who was getting married, was about to do. She had reportedly harassed and threatened a former boyfriend's family, and may have made false accusations of crimes as a form of revenge. A former lover was also willing to testify that biting, on which the assault charge against Albert was based, was a part of her sexual repertoire.
All this testimony was barred by Circuit Court Judge Benjamin Kendrick. (Meanwhile, a woman who came forward with a claim that Albert had sexually assaulted her several years earlier was allowed to take the stand.) With the defense's hands tied, Albert pleaded guilty to misdemeanor assault. The outcome struck many observers -- even those, such as Geraldo Rivera, who are generally sympathetic to victims' rights -- as shockingly unfair.
And then there are the more obscure cases:
-- In Wisconsin in 1993, 18-year-old Charles Steadman was convicted of raping his 22-year-old foster sister Jessica in a he said/she said case in which physical evidence of force was absent and the defendant claimed that the sex was consensual. What the jury didn't know was that when Jessica filed the complaint, she herself was facing criminal charges of having sex with minors. (She eventually received probation with mandatory psychiatric treatment.) Clearly, this gave her a reason to lie -- particularly since she had had sexual relations with Steadman when he was underage. She might have thought that being a victim would improve her legal situation as a defendant, or she might have worried that if her encounter with Steadman became known, she would get in more trouble with the law. None of these possible motives could be introduced at Steadman's trial, since Jessica's legal problems were related to her past sexual activities and hence inadmissible.
-- In Oregon in 1989, James Anderson was convicted of raping "Donna R." while both were patients at a substance-abuse clinic. Anderson insisted that the sex was consensual and that Donna made up the charges in order to sue the clinic, which threw her out the morning after the alleged rape because she wouldn't sign up for long-term treatment. After initially claiming that she had tried to tell clinic staffers about the attack but was rebuffed, Donna reversed herself under cross-examination and said that she had not spoken about it to any of them because she was too embarrassed. In his summation, the prosecutor sneered that the defense expected a rape victim to "just walk up to one of the staff" and discuss "those most intimate details."
The jurors were never told that the day before, she had discussed equally "intimate details" -- an alleged earlier rape and childhood sexual abuse -- with one of the counselors. All records of this conversation were excluded from the trial under the rape shield law as pertaining to the accuser's sexual history; so was the fact that Donna had given several inconsistent accounts of her prior sexual victimization. Whether or not Donna was raped, the case seemed to leave ample room for reasonable doubt -- particularly if one knew that Donna was not a reliable witness.
When rape shield laws were first enacted as part of the rape law reforms initiated by the feminist movement, they were a response to truly abusive practices. Just 30 years ago, jurors in rape cases were often formally instructed to consider evidence of "unchaste character" (such as going to bars alone, extramarital liaisons, and use of birth control) as detracting from the complainant's credibility or indicating that she was more likely to have consented to sex.
But in recent years, even some feminist legal theorists, such as Vivian Berger, have expressed concern that the pendulum may have swung too far. Granted, the accuser's past sexual conduct is not automatically excluded -- just as, before shield laws, it wasn't automatically allowed. Her prior relations with the accused are generally admissible; so is evidence that the pregnancy or disease alleged to have resulted from the rape may have been caused by sex with someone else. In some states, other evidence may be admitted at the judge's discretion.
Most of the time, however, the burden is on the defendant to show that the value of this evidence to his case outweighs its "prejudicial effect" on the complainant. In several states (including Alabama, Iowa, and Washington), courts have held that excluding evidence of an earlier false or dubious rape complaint by the accuser does not deny the accused a fair trial -- even, perhaps, if the evidence is relevant to the question of his innocence.
In some cases, such as People v. Jovanovic, appellate courts have curbed the worst abuses of rape shield laws. But this is an issue that is overdue for a new look by legislatures, even if reforms are likely to engender a furious reaction from feminist groups.

Saturday, March 12, 2011

Documentary - Witch Hunt

Last night I watched, After Innocence, and tonight I watched, Witch Hunt, a documentary about how dozens of innocent parents were wrongly convicted of child rape due to an out of control Child Protective Services and conviction hungry District Attorneys in Kern Co., California in the 1980's. Again, I almost cried watching it. I know exactly what these Innocent people went thru. I've been thru the the exact same thing.
* Falsely accused at the height of the Sex Crime Hysteria in the 1980's
* Rape Crisis workers coached my so-called "victim" on what to say on the witness stand
* 100% innocent and have passed lie-detectors tests
* The D.A. hide vital evidence from the jury
* The judge in my case ruled against all our motions and ruled in favor of the D.A. in his motions
* I refused all plea bargain offers
* walked the mainline in prison for 15 years - no Protective Custody until by choice in 2010
* and on and on
My wrongful conviction only differs in that all of these innocent men and women were exonerated. My conviction will no doubt never be over turned. I am still in The Nightmare and now being victimized by the wonderful Jessica's Law. I highly recommend, Witch Hunt, to all concerned about The Sex Crime Witch Hunt that still plagues this country like a virus.The G-Machine, IncFilmRatings.comhttp://www.parentalguide.orgCenter Stage ProductionsFortissimo FilmsNew Films InternationalKTF FilmsMSNBCYour Half Media

Witch Hunt Poster

Witch Hunt (2008)

91 min  -  Documentary | Crime
    1 2 3 4 5 6 7 8 9 10 7.8/10 X  
Users: (261 votes) 8 reviews | Critics: 5 reviews

The story of several families who have their lives destroyed when their hometown is whipped into a frenzy by allegations of child molestation.

Writer:

Dana Nachman
The G-Machine, IncFilmRatings.comhttp://www.parentalguide.orgCenter Stage ProductionsFortissimo FilmsNew Films InternationalKTF FilmsMSNBCYour Half Media

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