By Brenda….
Many of us know of someone accused and convicted of a sexual offense who had little or no idea of the collateral consequences of the plea or conviction they were getting. Often this was simply because even the attorneys involved in the process did not fully understand them. Not long ago, I heard about a new, wonderful online resource called the National Inventory of the Collateral Consequences of Conviction (NICCC) that allows defense attorneys, prosecutors, judges, and the general public to quickly look up how laws and policies in a particular state will impact someone with a particular conviction. This new resource has been developed by the Criminal Justice Section of the American Bar Association and funded through the National Institute of Justice.
On Friday, February 27, I attended the first ever National Summit on Collateral Consequences, which was an invitation-only event held by the ABA and NIJ in Washington DC. My main goal in attending was to network with others interested in criminal justice reform, in the hope that collateral consequences of sexual offense laws would not be ignored.
The good news is, those consequences are NOT being ignored by this group. The challenges faced by former sexual offenders were included in dialogues throughout the one-day event. Former sex offenders are certainly not alone in having huge hurdles to re-entry, though. Nearly all “returning citizens” struggle to find housing, jobs, and support networks because of the ease with which their convictions (even just accusations!) can be looked up and because of the roughly 45,000 distinct collateral consequences they can face.
I was just a participant, but I found an opportunity to ask a question when one panel was discussing the national trend toward expungements for lower-level crimes. The answer from the panelists was less than useful, but it got people focused on me and on our issue for a moment. Afterward several people approached me with questions and comments.
Many ideas were tossed out for consideration on ways to increase success in re-entry and reduce the revolving door. One of my favorite quotes was that professionals in the justice system must never forget that these are HUMAN BEINGS we are talking about.
The bad news I took away, however, was that sex offense issues are simply too “toxic” to be directly dealt with in terms of reform efforts. It has taken reformers many years just to start having reform conversations AT ALL. Until we can start changing the general public perception and mindset regarding the stereotypical “sex offender,” and the public can see that very few are the bogeyman they picture, we will not be gaining much traction.
So my BIG take-away is this: it is going to take EACH and EVERY ONE of us in this movement speaking out to start dispelling that myth of the bogeyman. EVERY ONE of us needs to tell our piece of the story.
I don’t mean about how the justice system “did us wrong.” (Nobody cares. Sorry!) Or how you or your loved one are somehow the EXCEPTION to the bogeyman myth. (Sounds like denial and excuses.) No, I mean simply tell how you or that loved one may have a conviction but are still a GOOD PERSON. You do good things. You are a neighbor, a friend, a family person, a sports fan …. A HUMAN BEING.
Until the rest of our fine country starts seeing us as HUMAN again, we will continue to fight an uphill battle. So let’s get talking!
I would like to know if there is anything that can be done now. My fiance had a misdeamor 26 or more years ago. He went to prison for Assault with a deadly weapon, and when he came out of prision they tagged him with being a level 4 sex offendor. He can’t go to parks, or anywhere there are children.
I would like to see the dangerous level 4 parolee removed and he being able to attend park. We want to get married in a Park. Which we cannot do at this time.
Luella, there is very little that can be done NOW to fix an individual problem. Your state’s LAWS are what need fixing, along with people’s eyes needing to be opened. Neither of those two tasks are going to be quick or easy.
Brenda, i respectfully disagree. Yes, it seems that individuals are beginning to challenge these laws and in some cases they have worked. It all depends on your state. First, get educated about the issue: punitive vs. civil etc. Do some research about how and individuals have been removed from registries all around the country. Find out about when the laws were enacted for your case in regards to ex post facto. Find out how your state hears cases and what to do to get your case heard. I thought there was no hope and was just waiting around for the laws to change, but then i got educated and now my case is going forward. Personally, i had to violate one of the restrictions FIRST before any court would hear my case. (This may not be possible for everyone). I also found out that because of when the laws were enacted that i fall into a loophole in regards to the application of the law. That issue plus the other issues i described is the meat of my case. I will go all the way if I have to. I personally believe that the laws will change as a result of cases like mine. More people should be actively fighting their case in court NOW. Waiting for the laws to change doesn’t seem to be effective. There are hundreds of experts on our side. We are on the right side of this issue. The latest research is now saying that these laws HURT children and our society NOT help. The laws are changing little by little (Ohio, Nevada, Maryland, Arkansas) as a result of cases like mine. Everyone get talking AND get a public defender and do what you have to do! Information is out there you just have to find it…. blogs, state judicial websites etc. Good luck and Thank you.
Brenda, i respectfully disagree. Yes, it seems that individuals are beginning to challenge these laws and in some cases they have worked. It all depends on your state. First, get educated about the issue: punitive vs. civil etc. Do some research about how and individuals have been removed from registries all around the country. Find out about when the laws were enacted for your case in regards to ex post facto. Find out how your state hears cases and what to do to get your case heard. I thought there was no hope and was just waiting around for the laws to change, but then i got educated and now my case is going forward. Personally, i had to violate one of the restrictions FIRST before any court would hear my case. (This may not be possible for everyone). I also found out that because of when the laws were enacted that i fall into a loophole in regards to the application of the law. That issue plus the other issues i described is the meat of my case. I will go all the way if I have to. I personally believe that the laws will change as a result of cases like mine. More people should be actively fighting their case in court NOW. Waiting for the laws to change doesn’t seem to be effective. There are hundreds of experts on our side. We are on the right side of this issue. The latest research is now saying that these laws HURT children and our society NOT help. The laws are changing little by little (Ohio, Nevada, Maryland, Arkansas) as a result of cases like mine. Everyone get talking AND get a public defender and do what you have to do! Information is out there you just have to find it…. blogs, state judicial websites etc. Good luck and Thank you.
Brenda, I’m so glad that you and the others are in there pitching in for the sex offender issue but its up also to each and ever one of us that are on the registry to take a stand not only for your loved ones but for all the others as well. Write those letters to congressmen and speak up!
Now while I got mixed up with the registry myself. Were all the same on the low end of society. A murderer is better than us, and to me a label is just a label, like a Campbell’s soup label.
Now this label seems to be dehumanizing and degrading and also stigmatizing. Basically its just human behavior gone bad or bad thinking. Now you can look at the sex offender from man’s perspective or a Christian perspective. Those without sin cast the first stone. I have always said that that Church and State might be separated but God and Man aren’t. There has been sex abuse every since the Biblical times. Keeping one in bondage with the registry seems to be government’s norm, and keeping ones self from violating is another so in other words the sex offender doesn’t really have any freedom.
Oh they have freedom if they are on probation, but after they get out of prison, do they still have freedom. NO. Did God mean for us to be the lower of the low? I don’t think so. Some can’t even go to church so that would be a bit bias on their part. Sure we have freedom of religion but we still have free speech. Brenda is in there for us so we all should do our part. This issue is were we “all” should unite together. And together we can all enjoy a better life. I can’t see how prison corrects mistakes or how the registry corrects mistakes. Wrote down a list of good and bad effects the registry is now and you will find the bad out weights the good by a mile and discriminates . As far as the sex offender goes, we are disposable or collateral damage to them, even a cash crop to them. Sorry if I sounded off a bit but who wouldn’t with this issue.
Why should sex offenders have to hire an attorney to PROVE that they are not dangerous just because of herd mentality?
Sex offenders shouldn’t have to quality, nor need approval, acceptance or validation to LIVE IN PEACE. The right to feel safe and secure in one’s home in preeminent and binding. Do I really need to explain this to you people???
Maureen Kanka and John Walsh need to be made an example out of for brainwashing people because of their personal grudges, biases and vendettas. A class action sued needs to filed against them for False Light and reckless endangerment.Their arrogance is they think they’re the “heroes” in all this.
Where can I find help for someone who Is currently wrongfully Incarcerated? I am told I need to contact a federal judge to actually get help.
Eric, the person is incarcerated because of a conviction. If that was the result of a plea bargain (and about 95% are), then there is not much to be done short of him/her asking for a new trial… and that means risking an even WORSE sentence if there is no new evidence or a recanting victim. If he/she was sentenced by a jury then he/she has more options. First step is to talk to an attorney, not a judge.
I thought there was a law saying that if a convict wins a new trial, and found guilty, he cannot be sentenced to more time than he has already received and served.
Thank you everyone for the hope that one day hopefully soon that sex offenders can live in peace with out having someone judge them. What I didn’t understand is that sex offenders have a registry but murders drug dealers etc don’t. I used to think like the people out there until I did my own research and found out that sex offenders are judged in the same category…it’s a shame because right now even though I am not a registered sex offender, I don’t have any faithful in the justice system because 1, 2,3 low or no risk sex offenders should be off after a required time that is given 10 years 15 years life if you’re high risk.
I have a sexual charge on my record from 2004.The alleged victim later admitted to lying about the whole story,i have a sworn letter from her saying she lied on me,what can i do to get this in court and get me name off the registry? Please help if possible
Ok lets get talking. Do Police actually dedicate there Profession to God? It is more evident today with all these sting operations that they don’t. Crime has always been crime since the days of the Witch hunts of America in America and with the witch hunt of the sex offender or would be sex offender or predator it is more evident that Police do not when they use deception, lies, cohesion, enticement , to con unsuspecting individuals in their game of “blind mans bluff”. If you have ever noticed a TV new cast, they will broadcast that they have caught 12 or more on the internet preying on teenagers but they never say they were in a teenage site. I would image, to be fair, that would make a huge difference. Nonetheless dedication is dedication and most adult chat sites state in their policy that one has to be 18. To be fair and honest police are not 18 when you call them out on all this. So the main purpose is to get you to come down there to meet. They will even use undue persuasion on one anything to get one down there. Read the police code of ethics and you will find out that something is not right in Denmark. I smell a Billion Dollar lawsuit right their All one has to do is connect the dots in these internet sting sting operations.. Deception is Deception no matter how you slice it.
Honestly this is why i don’t online date anymore. Yes I’ve heard success stories but not worth the risk. Although deception is used as an adult i refuse to engage with am underage girl. I had it happen before. As soon as i learned her age i ended. DO NOT CONTUINE END IT IMMEDIATELY. Sorry for the all caps but you have to take responsibility or else things will worsen. People don’t respect adults who use excuses, blame victims and have no sense of responsibility. I’ve made mistakes but i own them. You really can’t play the victim when you know the laws as a full matured adult and you choose not to follow them. I only feel bad for the falsely accused.
No judge (Federal or State) wants to set a binding ruling where case law can be cited in the future. Yet it’s totally the norm for a judge to claim gay marriage is unconstitutional now and then in the news cycles.No judge wants to be the one that removes the first block from this Jenga tower, because they know the whole thing will fall apart shortly thereafter. Every DA’s office is circling the wagon around Megan’s Law citing: “we can’t open the floodgates..” Which is very telling because they have to adamantly defend it because there’s nothing self-proving about the efficacy of this law on it’s own merits.
Megan’s Law:
Creates a false reality of safety for the community while circumventing and compromising the actual safety of those made to register for PERCEIVED safety and trivial, psychological comfort for those that use ML to “safeguard” their kids.
Megan’s Law is herd mentality masquerading as justice. It’s weaponized hatred by association under the guise of safeguarding children.
“Sex offenders” pose a non-credible threat to children, yet they continue to be made a spectacle out of.for anecdotal reasons these insane laws were misguidedly created for in the first place.
Laws are continually being proposed to solve problems that don’t exist, which is exactly how we have gotten into the current police state mess we find ourselves in.
The sex registery portrays ALL that are on it out to be the bad guys, enemies and villians of children. This is fantastically erroneous and misleading; Yet cowardly politicians are too afraid to anger their voting constituents making profit off the backs of sex offenders will never come clean and claim that “Sex offenders are less dangerous than previously though.”
Megan’s Law simply does not protect children or would-be future victims from sex offenders, If you’re on the registry, you’re a test subject without permission. Your life has been effectively been deemed expendable and thrown to the wolves. That little disclaimer on the ML website is to protect the cops from a lawsuit, not for YOUR protection.
There’s nothing preventative, protective or proactive about Megan’s Law.. It’s all preemptive, reactive and anticipatory. This is exactly why they have to use the “civil, regulatory and administrative” excuse to defend it. If they won’t open the floodgates, find a way to blown the dam. How can something to puts lives in harm’s way be flippantly referred to as “regulatory?”
This whole registry is a form of persecution and also a public disgrace that man endures for a sexual thought or character flaw that is unbecoming to society. What is the registry. Is it a behavior document of good verses evil that man will triumph over the weak. It is a cover up for public safety. Where does God come into the picture in all this sexual immorality or human behavior? Are we a nation of God fearing people or Government fearing people? This sex registry is a hazard to mankind and a stigma on those that strive daily to live the best they can. God would not be pleased with any of this man made law that dehumanizes mankind. The bible already tells you what man’s all about. “But evil men will wax worse and worse deceiving and the registry is a perfect example to show that mankind doesn’t care about man. So is the sex offender to be in bondage the rest of there life. When they can’t do this and can’t do that. Man’s ordinances are a bit much, touch not, taste not, handle not, and it only keeps one in bondage, and that person is not free even after there punishment is up. Government paints a bleak picture only of the sex offender and no other person of a character defect. Is not government perverse with all their perverse judgement? There is no love to be shown in this public registry. Is the registry for public safety or a registry of the lower class of society. We did very good without it and it was a lot less stressful for mankind. As long as people stay on their side of the fence than that is good but getting one in panic about their neighbor is like getting them in panic for the end of the world. Governments should learn to get there house in order before they get others houses in order. Kaos and unrest will soon come out of all this as the registry compounds those that are no more perverted than this nation.
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Thank you
Yeah…let’s get talking!! How about…a match.com site strictly for those on a sex offender registry? Christians have one, people over 50, farmers, Asians, Hey, why not?
The male SO says to his girlfriend, the female SO, “Why don’t we get married?” She answers, “Who would have us?”