Saturday, December 10, 2011

TX - Offender Not convicted yet in school

Sent to us via email, and posted with permission.

By Anonymous:
Last year there was a man arrested and admitted to soliciting sex from a 12 year old. This man lives in our community and has an adopted daughter that attends the local elementary school. This man is up at the school for parties, functions, etc. What rights do other parents have to keep their kids safe at school? What can we do to keep him from going to the school if he hasn't been convicted yet?

Once again, we are not legal experts, and I am not sure why you are asking us this. Have you asked the police or a lawyer? If the man has not been convicted yet, then he has just as much rights to be there as you do, and you have the right to go with your child, if you are paranoid about the situation, and also talk with the principal there.


6 comments :

kiokwus said...

Have you ever heard of a person being innocent until proven guilty in a court of law? Or, as with the majority of the public, upon hearing the word SEX, or anything related to SEX, the accused is automatically guilty and cannot prove any innocence? 

America has degraded itself in allowing the direct violation of constitutional rights when it comes to sex crimes that the accused must prove beyond all possibility of doubt, there innocence. This is contrary to constitutional law where the burden of proof lies upon the state to prove beyond a shadow of doubt the guilt of the accused. In sex crimes, as shown by your own question, you have already tried this person as guilty and wonder why he has not been punished for the crime charged. 

Kwhitted19 said...

You are right I have tried this man as guilty because he confessed to the crime. This man ADMITTED to the acts. So that tells me that he IS guilty. He is not denying any of the charges, just waiting for his trial. I completely understand that you are innocent until proven guilty, however in this country it is more like innocent until you can pay a lawyer to get your charges dropeed. I dont feel that a confessed sex offender need to be walking the halls of our schools.

deathklok said...

1) What rights do other parents have to keep their kids safe at school?Parents have the right to educate their children and teach them that it's okay to speak up if someone makes them feel uncomfortable. As you stated this person has admitted to doing something wrong and this is the first step to recovering. To ostracize or banish this individual from the community will not help him. Support will.
2) What can we do to keep him from going to the school if he hasn't been convicted yet? 
Nothing to keep him from attending his child's function at school. I think he understands that his every move is being scrutinized under a microscope right now. Harassing him might create legal troubles for the harasser. Two wrong's don't make a right. 
  If you are truly concerned, educate yourself on how to help this individual. Make friends and empathize. 

Anonymous said...

First you say that apparently if you pay a lawyer, you can get any charges dropped. According to that logic, there must be plenty of sex offenders not on the registry that can go visit schools all the time. Basically, there is no way you can keep your child free from ever being within 100 feet of a sex offender, so why don't you focus your effort on teaching your children how to protect themselves from family members and others who might try something instead of teaching them to be paranoid about everyone who's listed in the newspaper or on the offender registry.

Of course, you can't just pay a lawyer to get charges dropped. I do recognize there are lots in prison that might be there if they had adequate representation but there also lots there who did have good lawyers.

I know some good people who are on the registry. Everyone makes mistakes and does wrong thing; for some people, those things were sexual. Doing something wrong once does not mean that you will do it again... If you'd stop for a moment and imagine what an accusation and conviction (whether true or not) would do to your life, you might have some compassion.

TCLNick203 said...

Just a few thoughts here:
1.  This man has an adopted daughter that he apparently cares for. Otherwise, he would not attend the school functions...
2.  If convicted, he could spend a significant amount of time behind bars...
3.  The adopted daughter now loses the only father she, likely, ever knew.  Have you considered her fate?  Unless the courts can determine that he has harmed her in some way, then how are punitive measures going to help anybody?

The prevailing sentiment in this country is to PUNISH, PUNISH and PUNISH some more.  Nobody cares about the fate of the individual until AFTER he has been punished.  Unfortunately, once one punishment ends, another usually begins.  This can be in the form of new idiot laws making life more difficult.  Losing job opportunities and/or a place to live.  Watching friends and family suffer...

Ask a prosecutor why they are so dead set against punishment and I imagine they might say that it's all the offenders fault.  Taxpayer dollars being wasted on investigation and prosecution.  Family and friends hurt because of HIS indiscretion.  Therefore, it is only just to expect the offender to bear the brunt of all blame.  It never occurs to anyone that just as many crimes are committed by choice, punishment is also a choice.  Also, the form of the punishment is a choice...
The choice between retribution and compassion...
Consider the victim (if there is one) and consider public safety but also consider the collateral damage of prosecution and persecution.  Lastly, consider the individual...
You may find that the entity you fear is not the offender per se but a specter born of your own fear.  Some may also discover that they find it easier to hate others than to consider there own self-loathing.  
As a Chinese war master (Sun Sung) once said, "Know your enemy and know yourself."  One way to interpret this is to learn why somebody is your enemy.  This could also mean learning a little more about a person before judging them...

I have no love for anybody who mistreats or molests a child.  However, I will say that simple retribution based solely on the offense is not a good response.  Restitution, counseling, monitoring...  These are all proactive means to a proper end.  An "eye for an eye" does not always end well...

Some things to think about this Christmas season...

TCLNick203 said...

Just re-read my article and noticed a mistake.  Third paragraph should read:  "Ask a prosecutor why they are so dead set on punishment..."  I never met a prosecutor that was ever "against" punishment...
Ooops!