California lawmakers this week will take up a subject regarded as politically risky: amendments to a sex offender measure, reports the San Francisco Chronicle. Backers say the changes to AB1844 would focus the state's limited resources on the worst child molesters and would make great strides toward fixing how California deals with people found guilty of sex crimes--even if, at first glance, some of its provisions appear to ease restrictions for some convicted criminals. Perhaps just as unusual--the revised bill is the result of a rare bipartisan collaboration.
For years, experts on the issue have complained that state laws were determined more by sound-bite politics than policies that improve public safety and protect children. Elected leaders, wary of accusations that they were being soft on sexual predators, have historically stayed clear of reforming such laws, except to make them harsher. The proposal is called Chelsea's Law, after a San Diego teen killed by a registered sex offender in February. Like many legislative responses to horrific crimes against children, it began as a punitive measure that would have increased the sentences and parole terms given to child molesters. Changes made last month include tailoring those sentencing and parole requirements to specific crimes, instead of taking a one-size-fits-all approach.
Pennsylvania Auditor General Jack Wagner says the state's Megan's Law website is plagued with technological problems that are preventing the public from finding and identifying sexual offenders who live and work in their communities, according to the Philadelphia Inquirer. Wagner said the site is not user-friendly on a number of counts, among them, that it does not allow for inconsistencies or spelling mistakes in searches and posts poor-quality photos of offenders. The site does not have a mapping feature common in other states.
There are roughly 10,000 sexual offenders listed on the state Megan's Law site, maintained by the Pennsylvania State Police; of those, about 1,000 are so-called "sexually violent predators," who have committed the most serious category of crimes primarily against children. Among Wagner's recommendations: post multiple photos that are clear and up-to-date, list all sex offenses for which an offender was convicted, upgrade the site's search feature to allow more types of searches, include a sex offender mapping tool and email notification so that members of the public can learn when a sex offender moves into their neighborhood.
Read full entry »The California Supreme Court on Monday made sure the state's controversial Jessica's Law will remain clouded by legal uncertainties for the foreseeable future, even though it ruled that the state can continue restricting convicted sex offenders from living near parks, schools and other spots where children gather, says the San Jose Mercury News. In a 5-2 ruling, the Supreme Court dodged the central issue in a challenge to the 2006 law's residency restrictions. But the justices rejected several legal arguments against the measure, keeping the law in place for the time being.
The justices concluded that the law could apply to thousands of sex offenders who were on parole when Proposition 83 was adopted, even if their crimes and convictions predated passage of the law. The justices, however, did not rule on the most sweeping argument in the challenge to Jessica's Law: that it is so broad and intrusive, it violates the constitutional rights of convicted sex offenders. The court ordered further hearings on that issue because of the need to evaluate the factual claims of the four sex offenders represented in the case.
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A Q&A with former Los Angeles prosecutor Robin Sax
Child sexual predators are every parent’s worst nightmare, and the recent discovery of Jaycee Lee Dugard, the kidnapped California woman who had been kept for 18 years by a known sex offender sparked new fears about how well law enforcement is monitoring the most dangerous criminals among us. Sex crimes expert and former Los Angeles County Prosecutor Robin Sax and author of, “Predators and Child Molesters: What Every Parent Needs to Know to Keep Kids Safe” tells The Crime Report’s Cary Chu the raw truth about child molestation and what we can learn from the Dugard case.
The Crime Report: How can law enforcement help prevent In light of the Jaycee Lee Dugard case how can prosecution and probation prevent future cases?
Robin Sax: There needs to be more of a coordinated effort between the court and parole in terms of making sure what type of perpetrators are on parole. For example, a rape charge can be either for adult or child assault, and there needs to be a clear identification of whom and what the charges was the basis of conviction. Sometimes if there’s a plea bargain, if you only get a rape charge, you may not get the full exact story of what occurred.
In the Dugard case specifically, this is a case of parole dropping the ball. Their responsibility is to follow up and watch their parolees, know what they’re doing and making sure they’re not a threat to the community.
TCR: Would any sex offender legislation such as registration have helped?
Sax: He (Phillip Garrado) was registered [as a sex offender]. It’s frustrating because the anti-registration people are using this example of why registration doesn’t work. This was a lapse of intelligence in the responsibility of local agencies in gathering information about Garrado.
What also went wrong were the sexually violent predator (SVP) laws weren’t followed through. Under specific provisions, Garrado should have been in custody for life. He had two prior cases of kidnapping that would’ve justified a civil commitment. He shouldn’t have been out to begin with.
TCR: Most sex offender legislation involves registration. Is there anything that can be done to prevent first time offenders?
Sax: The best thing that could be done to deter offenders is to raise the awareness in victims. If you encouraged people to start coming forward to talk about it, then perpetrators wouldn’t have that power of silence over victims.
Discussed in the book:
Sexual abusers have a preexisting relationship with a child or children. Some of the things to watch out for are whether or the person has a history of sexually abusive behavior, or being abused, special access to children, and ability to isolate the child in one-on-one situations.
TCR: You mention in your book that most sexual abuse victims are assaulted by someone they know. How can prosecutors build a case with support of the family without damaging their relationship with the victim?
Sax: The key is, first of all, to treat the whole family as a victim of the crime. Someone who betrays the trust of a parent of the victim basically victimizes the whole family. We can get them to cooperate by making them understand they have also been victimized by the perpetrator.
The other thing is to recognize that sex crimes can be perpetrated by all kinds of people. There are people who seem kind, smart, and nice who are also perpetrators. If someone’s a good businessman, a nice woman, or a great teacher, it doesn’t mean that they can’t be abusing kids.
TCR: How likely is a guilty verdict for cases that reach trial?
Sax: The chances of a guilty verdict go down exponentially once there’s a trial, compared to cases that go to plea bargaining. Juries can be strange. You might have a jury come back with a guilty verdict on a particular charge and not guilty on another charge, with no rhyme or reasonable explanation. Juries are keenly aware of punishment and can have a difficult time sitting in judgment of other people.
The strength of corroborating evidence (ex. forensic evidence such as DNA matching) affects the likelihood the jury will convict, which in turn affects what type of plea bargain will be offered.
TCR: How many of your sexual assault cases ended in plea bargains?
Sax: I would say 85 percent of my cases ended in plea bargaining. Plea bargains aren’t always a bad result for the victim and the public, as an example would be if someone who faces a life sentence plea out to 40 years would be considered a good result.
TCR: You mention how media coverage can affect individual child sex assault cases. What in particular hurts or helps a case?
Sax: Sometimes the media can help in terms of driving awareness and putting pressure on lawyers and judges in making sure that they’re properly handling these cases. It could also have the opposite effect as well, as pressure makes those involved in the case show off for the media, put additional pressure on a child victim, and make a victim not want to participate in trial.
TCR: Has the media ever hurt any of your cases?
Sax: They have not. I had a case where I thought the media had a good effect. It was a case of a child sexual assault by a teacher (Thomas Arthur Beltran) that the media picked up, and we ended up getting victims from all over the world contacting us, saying that they were victimized. It was the power of positive media coverage that encouraged people to come forward.
TCR: What solutions do you see for keeping sexual predators away from children?
Sax: A top priority for me would be to limit the amount of continuances that happen in cases, and to really make child sexual assault cases a priority by judges over other types of cases. I’ve had situations where judges say that their attention is on other cases. The penal code says that child sexual assault cases get priority, so it’s not a matter of law not having merit, but rather it not being followed through. If more people were educated and trained in these issues, they would have the power of the public to advocate. Sometimes bringing things to the public view shames the people of power to make change.
Cary Chu is the social media intern at The Crime Report.
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Professor, Central Michigan University
Mount Pleasant, Mich.
(989) 774-6677
Thompson’s expertise includes sexual aggression, stalking, dating violence and sexual harassment. He says he can talk about date/acquaintance rape, stranger rape, stalking, sexual harassment, predatory behavior, criminal profiling, sexual assault laws and prevention.
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Forensic Psychologist, Mental Health Therapist
Baltimore
Lizzie Manganiello, media contact
617-717-8294
Seifert is an expert in teacher-student sex, sexual predators, serial killers and rapists, bullying, forensic psychology, violent personality and behavior traits, family violence and child abuse. She is the author of a number of books and professional manuals in those subjects, including “How Children Become Violent,” “Childhood Trauma” and “The Causes of Violent.” Her media contacts are through the Ictus Initiative, a Boston-based public relations consulting firm.
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Attorney
Boston
(617) 830-1217
Expertise: Halpern specializes in defending those accused of Internet sex crimes, including possession or distribution of child pornography and solicitation of a minor. He has also handled a number of cases in which law enforcers posed as minors in Internet chat rooms.
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Enola, Pa.
(877) 739-3895
This center near Harrisburg, Pa.., opened in 2000 as a national information and resource hub on sexual violence. It is funded through the federal Centers for Disease Control division of violence prevention. The center’s Website offers vast resources on sexual violence, including statistics, research, position statements, statutes and program and prevention information.
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Washington, D.C.
(202) 289-3900
The alliance partners with advocacy organizations across the nation to provide a legislative and policy voice for sexual assault victims. NAESV says it was a key player in securing federal funding for the Sexual Assault Services Program, which provides funding to rape crisis centers as well as to state and territorial sexual assault coalitions. The alliance is allied with a number of other national anti-violence groups, including the National Sexual Violence Resource Center, National Organization of Sisters of Color Ending Sexual Violence, Arte Sana, National Network to End Domestic Violence, National Coalition Against Domestic Violence, National Center for Victims of Crime, Rape Abuse Incest National Network, the U.S. Centers for Disease Control and Prevention, and the U. S. Department of Justice’s Office on Violence Against Women. Its website includes links to about 30 state-based groups that advocate against sexual violence.
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Washington, D.C.
202-514-2007 (public affairs office)
This office, created in 1987, has the Justice Department’s leading experts on child exploitation and obscenity, prosecuting federal cases in those realms and assisting U.S. Attorney Offices across the country in investigations, trials and appeals. Its website Includes links and information on child pornography, child prostitution, obscenity and sex trafficking.
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Office on Violence Against Women
Washington, D.C.
Cindy Dyer, director
Joan LaRocca, media contact
(202) 307-6062
Created in 1995, this office says its mission is “raising awareness and supporting training and services responding to incidents of domestic violence, dating violence, sexual assault and stalking.” It administers the federal STOP Violence Against Women grants program and a number of other grants whose focuses include native American domestic violence, enforcement of protection orders, rural victims, legal assistance for victims, campus sexual assault and abuse of older women.
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Washington, D.C.
(202) 307-0703, office of communications
This service is a collection of clearinghouses supporting all bureaus of the U.S. Justice Department’s Office of Justice Programs: the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, the Bureau of Justice Assistance, the Office for Victims of Crime, and the OJP Program Offices. This Web link is the rape and sexual assault page of the service.
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Crime Against Children Program
Washington, D.C.
John Miller, assistant director for public affairs
(202) 324-3691
This FBI program focuses on abductions, violent attacks and sexual abuse of children. Its initiatives include rapid deployment teams for child abductions and the “Innocence Lost” program, which investigates sex trafficking of minors. The FBI says the Crime Against Children Program uses “multi-disciplinary and multi-agency teams to investigate and prosecute crimes that cross legal, geographical, and jurisdictional boundaries; promoting and enhancing interagency sharing of intelligence, specialized skills, and services; and widely offering our victim/witness services.”
The portfolio of the FBI white-collar-crime unit has broadened as its staffing has decreased since the agency began designating more agents to terrorism investigations. The agency investigates such things as corporate, health care, insurance, mortgage, securities and bankruptcy frauds. Its casework includes anti-trust crime, adoption scams, environmental crime, memorabilia fraud and some types of computer crime. The webpage links to FBI resources on the subject, including a basic backgrounder on the agency’s white collar crime strategies and overviews of the assorted crimes the unit investigates.
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Washington, D.C.
(202) 307-0765
Although dated, this BJS report on sex offenses draws on more than two dozen statistical datasets to provide a comprehensive overview about the prevalence of sexual assault, the response of the criminal justice system to such crimes, and the characteristics of those who commit sexual assault or rape. This web page of the BJS, a bureau of the U.S. Department of Justice, includes a search function that can lead to other reports, backgrounders and statistics on sexual assault—although, again, many are dated.
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