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This is insane... So do you really think they are going to open up if they know anything they say can and will be used against them? More rights being eroded.
On February 20th, 2008, the Court of Appeal of the state of California, Second Appellate District, published an opinion in the nature of the psychotherapist-patient privilege for convicted sex offenders undergoing voluntary psychotherapy.
The question the court faced was this: if a convicted sex offender (SO) is required to undergo psychotherapy as a part of his/her parole, and the SO sees a private psychotherapist in addition to the treatment mandated under the terms of his/her parole, does the State of California have the power to compel the parolee to waive his/her right to confidentiality?
The short answer is “no,” but it is an opinion that should be read by anyone conducting treatment with sex offenders. It is a relatively short opinion and worth the read.
It’s a tough question, and one that weighs the competing interests of (1) protecting the public against (2) the public policy of not interfering with the psychotherapeutic relationship.
Friday, February 22, 2008
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More double standard, protecting the "Good Ole' Boys" BS! If this was an average Joe Public, they would get a lot stiffer sentence than this. Not that I wish someone to have to go through this, but why do cops always get slapped on the wrist, in most cases? This is not a "Freedom And Justice For All" country, it's more like "Freedom And Justice For Some!"
A Cincinnati police officer accused of raping a woman who had summomed help pleaded guilty today to two charges of sexually battery, ending his trial after nearly two weeks.
Sgt. William Simpson, 47, was accused of raping the woman after he was sent to her home after her boyfriend beat her.
Under the terms of the deal, Simpson will serve six months in jail, spend five years on community supervision, get treatment as a sex offender. In addition, he resigned from the department this morning and agreed not to seek reinstatement.
- So what about having to obey the sex offender laws, be on the sex offender registry, and everything else that comes along with a sex offender conviction? I'm sure he will get the royal treatment.
Prosecutors originally charged Simpson with three counts of rape and three of sexual battery.
They said today they agreed to the deal to spare the victim for having to testify again.
- No, I think you agreed to this deal to make him not look like a very bad person, to save the reputation of the police department.
Simpson’s lawyer, Merlyn Shiverdecker keep the woman on the stand for three days last week and badgered her repeatedly about the incident and sexual positions.
- I'm sure this is why she accepted this plea deal as well. Because she was being harassed on the stand and intimidated, so she accepted it to get it over with.
The victim agreed with the plea deal.
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This is insane! They cannot consent to sex under 16, but if they commit a crime under 16 years old, this happens to this. Stop the madness!! See all the children being RUINED from these laws, here.
An 11-year-old boy accused of molesting a 7-year-old boy on a Howell Public Schools bus in May entered a plea agreement Thursday that will keep him off the state's sex offender registry.
The boy — who was court-ordered to work on a safety plan to possibly return to school — pleaded no contest to gross indecency between males in exchange for prosecutors dismissing first- and second-degree criminal sexual conduct charges. If the boy is successful on probation, he can petition the court to dismiss his plea. Sentencing is March 10.
Meanwhile, no resolution was reached for a 10-year-old co-defendant who faces the same charges. He is expected back in court April 7 for a final settlement conference, but if no deal is reached, the case heads to trial April 16.
Defense attorneys Carolyn Henry and James Balmforth, who represent the 11- and 10-year-old boys, respectively, declined to comment.
Assistant Prosecutor Marilyn Bradford referred calls to Prosecutor David Morse, who did not return calls seeking comment Thursday evening.
The boys are accused of forcing the 7-year-old boy to perform oral sex while on the bus.
- So where did these boys, if this is true, learn to do this? Might want to check into the parents as well.
The 10-year-old boy, who was 9 at the time, maintains he is innocent.
The 11-year-old boy, who lives in Lansing with his mother, quietly sat surrounded by his parents and attorney in Judge Carol Hackett Garagiola's courtroom as the judge asked him a series of questions to determine if he understood the charges and whether he wanted to enter the plea. He quietly answered yes, while nervously swinging his right leg under the table.
Garagiola said she found the "risk this child imposes is low" and she believes the "plea serves the safety and well-being of this young man ... and the community." She based her opinion on a report from a counselor, which was not read in open court.
Garagiola ordered the boy, who was dressed in dress slacks and a shirt and tie, to continue counseling, get fingerprinted, and submit to testing for HIV and sexually transmitted diseases. Both the boy and his parents were ordered to have random drug tests as well as to participate in Wrap Around services and to create a safety plan that could potentially return him to school in Howell.
Howell Public Schools Deputy Superintendent Lynn Parrish was not available for comment on Thursday.
The Daily Press & Argus is not naming the children involved in the case because of their ages and the sexual nature of the allegations.
Contact Daily Press & Argus reporter Lisa Roose-Church at (517) 552-2846 or at email@example.com.
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CONCORD – Sweeping changes that would close loopholes in the state's sex offender registry won unanimous approval in a House committee Wednesday.
The bill, HB 1640,would bring the state closely into line with the federal Adam Walsh Act, which in 2006 set national standards for tracking convicted sex offenders, and increasing penalties for sex crimes against children.
- It's about money (bribery). Change the law to be like the federal government created or face losing millions of money. So it's not about being fair, but greed for money.
The bill passed 15-0 in the House Criminal Justice and Public Safety Committee, after it seemed at one point that the committee would send the bill back for another year of study.
After pressure from advocacy groups and House leadership, the committee locked itself into a two-hour review of the bill. The full House is scheduled to vote on the bill on March 5.
The bill would have the state list categorize offenders in three tiers, that run the range of severity from "peeping Toms" to murders and kidnappings that involve sex assaults. Listings would include a full criminal history of a registrant, his method of approaching victims, a physical description and photograph, as well as home and business addresses.
Offenders in the bottom two tiers would get a chance to come off the public list. The first, or lowest tier, could petition for removal after five years, and the second tier after 15 years. They would have to go through a series of steps that include evaluation and a court session with input from victims.
The worst offenders, murderers whose crimes included elements of sex assault, would have to register for the rest of their lives.
The bill allows the state to collect DNA from every registered sex offender in the state and enter it into a national FBI database. It also deletes from the public list specific references to incest crimes, to protect child victims.
Much of the registry's focus has been on offenders who prey on children -- two thirds of the names on the public list have been convicted of sexual assault on children. The public list is posted on the Department of Safety web site.
The bill expands the public list to include repeat sex offenders, such as serial rapists, who prey on adult victims. It requires offenders in tier two and three to register every three months, rather than twice a year under current law.
New Hampshire State Trooper Jill Rockey, who oversees the states' sex offender registry, said that loopholes in current law draws sex offenders from other states here because they can avoid registering with local police.
Rockey said the improvements are a major step for the state. But they don't finish the job of protecting children, she said.
- Nothing will ever "finish the job of protecting children!"
"Parents need to know the registry is not going to keep your children safe if you're not keeping an eye on them," she said.
The case of Douglas Simmons, a convicted child killer who moved to Derry this year, brought the state's shortcomings to light. Simmons had kidnapped a six-year-old girl in Connecticut, and admitted that before he strangled her to death he sexually assaulted her. He was able to register as an offender against children when he moved to Derry, but the listing showed his conviction on kidnapping, not murder. When his full history became public, parents were outraged, and he left town.
Linda Reid, a Derry mother whose daughter attends Grinnell Elementary school near the home where Simmons briefly lived, was relieved after the committee vote.
"I just assumed this kind of thing was in place," she said. "Thank God the committee has done this." She and her friend, Donna Pesaturo, sat just feet from committee members as they worked the bill yesterday.
"We just felt the need to be up here for our town. Not all mothers can drop what they're doing and do this kind of thing," Reid said.
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NASHUA – A former sheriff's deputy accused of molesting a young boy on a park bench told jurors Thursday he gave a false confession to police because he was delirious after hours without food, water or medication.
Roger Cote, 75, formerly of Nashua, said he decided lying was the only way to end the questioning after about 10 hours at the police station.
He admitted the videotaped confession shown to jurors is shocking but said it's not true.
"What you saw on that tape was not me. They got a tape of a crazy man," Cote said. "I knew I needed the nutrition to keep my marbles."
Cote took the stand Thursday in his own defense on day two of his trial on charges he forced an 11-year-old boy to perform a sex act on him after the two met in Anniversary Park near Holman Stadium while walking their dogs.
The case is unusual because Cote and the boy were complete strangers, and because Cote is accused of assaulting the boy in a public place. Most cases of child sexual abuse take place indoors by someone the child knows.
"If you're hungry, why not just ask for some food, not confess to molesting an 11-year-old boy?" one of the prosecutors, Assistant Hillsborough County Attorney Joseph Fricano, asked Cote.
"You want to argue with me now? I've got all my senses. You're not dealing with a half-baked nit-wit right now," Cote said, eventually adding: "I wanted to get away from that environment."
The alleged sexual assault took place the morning of Sept. 2, 2005.
A city streets department worker called police after seeing the young boy on the park bench with Cote and sensing something was wrong.
Cote doesn't deny meeting the boy at the park when their dogs were playing together but said he never touched him.
"He never got near me. I don't care what they say," Cote said. "I'll plead not guilty until I die."
Cote said the boy brought over his dog, which was out of control and biting the other dog. He told jurors he asked the boy to get his dog out of there, and then asked why the boy wasn't in school that Friday.
Shortly after the boy left, police cruisers started pulling in one by one until there were about five, Cote said. The man said he was handcuffed and brought to the station without being told what crime he committed.
Cote is scheduled to take the stand at Hillsborough County Superior Court again this morning so Fricano can complete his questioning.
Closing arguments for both sides are also expected.
Ashley Smith can be reached at 594-6446 or firstname.lastname@example.org.
CA - Making California Communities Safer - Evidence-based Strategies For Effective Sex Offender Management
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Another study that shows recidivism among sex offenders is lower than the general population believes. Study after study says this, yet all laws are passed on the assumption that recidivism is high among sex offenders, which is false. The politicians do not listen to experts... Why? Maybe to further some hidden agenda, or look good to the sheeple?
An important report on how California communities handle sex offenders has reached Governor Arnold Schwarzenegger's desk. Members of the California Sex Offender Management Board met Thursday to ratify the board's initial report to the Governor and the legislature.
The report covers key areas such as victim safety, housing issues related to sex offenders, and areas of treatment. Research indicates nine out of ten sexual assault victims were attacked by someone they had a prior relationship with, such as a family member or acquaintance.
What do we know about sex offenders? And how can we keep communities safe? That's the focus of a study from the new California Sex Offender Management Board.
Eyewitness News asked counselors who work with sexual victims what they think of the new study.
"It's always good to know what's actually going on," says Patty Avalos from the Alliance Against Family Violence. "It's also always good to have statistics to fall back on and see where we're improving and where we lack improvement."
The Sex Offender Management Board was set up under a new state law, and Bakersfield was one of just three cities where board members took testimony for their study.
The board says the report is their "...first step toward the board's vision to decrease sexual victimization and increase community safety."
Just last week, sex offenders were rounded up in Bakersfield -- suspected of not following the terms of their probation, parole or other requirements. The report says supervising offenders is important for safety.
But, the study finds the number of offenders who list themselves as "transient" has increased dramatically. That can make it harder to watch sex offenders.
The report also says the number of offenders who commit new sex crimes is much lower than commonly thought. Several studies cited in the report put the "recidivism" rate at about 4-percent.
Victim counselor Patty Avalos thinks supervising the offenders might make the difference. "Sex offenders are being tracked one way or another -- and hopefully that is helping to deter that."
The report says more study must be done on how often sex offenders re-offend when off supervision.
The report looks at issues from investigating sex crimes, to treatment of offenders, to housing. It reviews what data is available, what more should be studied, and what gaps exist in data and services.
The study says the state does have good strategies for helping victims of sexual assault, but lacks a statewide plan for victim assistance. It also says there's a lack of coordination among government agencies, and that leads to conflicting and duplicated policies.
Eyewitness News asked about the current number of registered sex offenders in our area. Bakersfield Police Sgt. Greg Terry says there are about 1,500 sex offenders in Kern County -- and of that, about 1,200 live in Bakersfield.
The Alliance Against Family Violence and Sexual Assault counsels victims. They have a 24-hour Hot Line for victims at 327-1091. The Alliance says in 2007 the Hot Line took 2,224 calls from victims of sexual assault and domestic violence.
The Sex Offender Management Board says calls this new study their "Initial Report." They says it's a major step -- but just a first step.
This was something that was pointed out at Corrupted-Justice.com. So, is any of the bands you like in this MASSIVE list? Also see this blog item I started. I did not realize this list was here, or that this many songs have been made about these issues. And NO, I am not condoning any of this, just pointing it out. Here is a couple you might recognize:
- "Alive" by Pearl Jam, from Ten - a song about a boy who looks like his real father and is raped by his mother
- "Bad Reputation" by Luke Haines from Off My Rocker At The Art School Bop -About Gary Glitter, a former pop star who was convicted of sexually abusing minors.
- "Brenda's Got a Baby" by Tupac Shakur (2pac) from 2Pacalypse Now - A song about a 12-year-old girl who has a baby after having sex with her much older cousin who then abandons her.
- Daddy's Girl by Scorpions, from Face the Heat - A song about a mother who denies that her daughter is being molested by her father.
- "Expose yourself to kids" by GG Allin and the AIDS Brigade - A song which recommends child sexual abuse in explicit language.
- "Fourteen" by The Vandals from Look What I Almost Stepped In... - A man sings of his long-growing desire for a 14-year-old, but promises to restrain himself until sex with her is legal.
- "I gave NAMBLA pictures of your kid" and "I made your kid get AIDS, so you could watch it die" by Anal C--t from It Just Gets Worse - Songs on child sexual abuse from a controversial album.
- "KKK B---h" by Body Count - Singer Ice-T alludes to "[falling] in love with Tipper Gore's two 12-year-old nieces"
- "Live to Tell" by Madonna, from True Blue, also included on The Immaculate Collection and featured in the movie, At Close Range - This song has been interpreted as being about child molestation.
- "Necropedophile" by Cannibal Corpse, from Tomb of the Mutilated - A song featuring graphic details about a man who has sexual activity with dead children.
- "Ten-Year-Old F---" by GG Allin - A song about sexual desire for a ten-year-old girl described in explicit language.
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This is what you get when people hurry up and create laws they know will not pass, but will boost their approval ratings with the sheeple, and their pay checks. Then when it gets introduced, it's fought with law suit after law suit, thus the tax payers money is going right down the drain. One day, the sheeple will wake up and see the BS going on in government, but, it may be too late when they do. I am also willing to bet that 100% of the people who signed to pass this law (the public) have no idea what is in the bill (kind of obvious). But they saw "sex offender" on it, and passed it without even questioning it. That is what is going to DESTROY this nation, and it's doing it right now...
SACRAMENTO - The law that voters enacted to crack down on sex offenders could actually be increasing the danger such offenders pose by driving them into homelessness at a significant rate, state authorities said today.
In the 15 months since voters approved Jessica's Law, which restricts where paroled offenders may live and requires electronic monitoring of their whereabouts, the state has recorded a 44% increase in those registered as transients, according to a report released Thursday by California's state Sex Offender Management Board.
The law forbids former offenders from living within 2,000 feet of places where children gather, but the law lacks adequate definitions of such places, the report says. And some locations lack sufficient housing outside areas that are clearly off limits.
Most California locales are not fully enforcing the law, because of confusion about who is covered by it and how it should be applied, according to the report, which is the first formal look at the workings of the controversial measure.
Members of the state board said that, based on those questions, they could not determine whether the initiative had made the state safer from sex offenders. Some said it could be making things worse.
"If they're transient or if they're homeless, that might actually bring their risk up quite a bit," said Suzanne Brown-McBride, the board's chairwoman and the director of a victim-assistance group in Sacramento.
- Of course it will... You add stress to an already stressful situation, it's only inevitable.
The board also pointed out that what enforcement there is generates millions of dollars in costs to the cash-strapped state. California's corrections agency is spending an estimated $20 million a year to monitor more than 3,000 paroled sex offenders -- a fraction of those who would eventually have to be watched.
- Yep, tax payers money going down the drain...
The law also requires that an offender who leaves prison with a record of a single sex crime, rather than two or more, be evaluated by a mental health expert to determine whether he or she is a "sexually violent predator" and eligible for confinement in a mental hospital.
The new evaluations increased costs to the state ninefold in one year, from $3 million to $27 million, Brown-McBride noted.
The report says the Legislature and Gov. Arnold Schwarzenegger (Contact) need to answer basic questions about the law before statewide enforcement is possible.
In addition to the issue of definitions -- what constitutes a park, for example, and which agencies should monitor offenders -- the questions include the law's failure to identify which offenders are covered. State corrections officials, the state attorney general, local law enforcement agencies and others have differing interpretations.
In a statement, the governor said he welcomed the report's "valuable analysis and recommendations to help deal with some needed adjustments to Jessica's Law," and that it would be used to hash out the issues with state lawmakers.
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Video is available at the above site.
A North Texas judge makes a rare decision in the case of a man convicted of possessing child porn. Jeffery Davis faces 10 years in prison and will also lose his house as part of his sentence.
Taking property is one way federal authorities say they plan to show that crimes against children will not be tolerated.
When Davis was arrested for possessing child pornography last August it must have seemed like déjà vu, but those living around him knew nothing of his criminal past. "I've known him for like 14 years, like everybody says one of the nicest people you could ever want to know," said neighbor Mark Stowe.
Seven years earlier Davis had faced and been convicted of the same charge, in the same house. The first time he faced a judge he was sentenced to 15 months in prison, this time, with more than 600 pornographic images found in his house and on his computer, a federal judge threw the book at him.
"We felt like, since it was near a school and because of his prior use of child pornography, we would take the unusual step of forfeiting his house," U.S. Attorney Richard Roper.
Once his prison term is served Davis also faces up to 20 years of supervised release. It's one of the first cases in the country in which a child pornographer has lost his house as part of his punishment.
The U.S. Attorney's Office says it sends a loud and clear message to would-be child pornographers. Davis' neighbor doesn't disagree. "The second time, he should get the full extent of the law," Stowe said.
Davis plead guilty to the most recent charges last October, forfeiting his house was part of a plea agreement.