What Makes a Sexual Predator?
August 7, 2009
|
Posted by Michael S. Langston
First, when writing about such a controversial topic, I will start with a disclaimer. True child predators should not be allowed out of prison ever. To me, the rape of a child, is the same basic act as destroying that child’s life. Therefore, the punishment should fit the crime.
Having said that, as with most things happening around the world today, potential solutions like Meghan’s Law have gone further than needed. Which might be ok, as over doing it isn’t necessarily wrong in all cases, but in this case, we’ve overdone it to the point that Meghan’s Law isn’t useful for the average citizen.
In an article titled, America’s unjust sex laws published in the Economist, they try to tackle this very question: Is Meghan’s Law and other similar laws working as intended.
For background, several years ago victims’ rights groups and other lobbyists started pushing for Meghan’s Law:
…In their grief, the parents started a petition, demanding that families should be told if a sexual predator moves nearby. Hundreds of thousands signed it. In no time at all, lawmakers in New Jersey granted their wish. And before long, “Megan’s laws” had spread to every American state..
Which means anyone labeled as a sex offender:
…this means that their names, photographs and addresses are published online, so that fearful parents can check whether a child-molester lives nearby. Under the Adam Walsh Act of 2006, another law named after a murdered child, all states will soon be obliged to make their sex-offender registries public. Such rules are extremely popular….
So what is at issue?
…In fact its sex-offender laws have grown self-defeatingly harsh (see article). They have been driven by a ratchet effect. Individual American politicians have great latitude to propose new laws. Stricter curbs on paedophiles win votes….
How do we know?
…In all, 674,000 Americans are on sex-offender registries—more than the population of Vermont, North Dakota or Wyoming. The number keeps growing partly because in several states registration is for life and partly because registries are not confined to the sort of murderer who ensnared Megan Kanka. According to Human Rights Watch, at least five states require registration for people who visit prostitutes, 29 require it for consensual sex between young teenagers and 32 require it for indecent exposure. Some prosecutors are now stretching the definition of “distributing child pornography” to include teens who text half-naked photos of themselves to their friends….
What does all this mean?
Well, first it means that the information itself is worthless. If I look up online right now the sex offenders within my zip code (which is possible in my jurisdiction) I honestly don’t know if the old guy is married to the person he supposedly raped in high school due to solely statutory reasons, or if he kidnapped and raped a 12 year old girl.
One should worry me, the other not so much.
The second problem is with the court system itself. With a hypothetical that has been used in the past, let’s say someone is being prosecuted for a sex crime and they are innocent. During the trial, the prosecutor knows it’s not going well. But all isn’t lost. with the new potential punishment, innocent defendants can be put in a position of facing either:
a) please guilty, a low amount of jail time or
b) take your chances and possibly be known as a sex offender for life and long jail terms
Not much of a choice at all, especially if you are innocent.
Please don’t get me wrong here. I think cops and prosecutors try to do the right thing as they see it most of the time for most of the people.
But allowing the less than stellar prosecutors and cops (who do exist, like in any other profession) to be able to hold something so sinister as a lifetime of scorn, while padding their win record is beyond the pale.
Of course, like health care, cash for clunkers, and any other government law, so long as voters are willing to listen to only slogans and work just to see their side win, rational debate will not exist and hundreds of thousands will be punished unnecessarily.
It’s strange for a veteran such as myself to start believing that this country isn’t interested in real freedom anymore, but here we are. Reality is what it is…
Categories: Legislation
| 
Tags: Justice System, Legislation, Meghan's Law, Over Compensation
|
Leave a reply
