Monday, October 26, 2009

NC - Church ban goes a little too far

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10/26/2009

By Eric Walker

It's hard to pity sex offenders, but maybe we should.

When North Carolina legislators implemented a policy barring convicted sex offenders from attending churches that have day care facilities, it seemed like a perfectly good thing to do. They're criminals, after all, so they don't deserve the same rights as the rest of us, one might say. And do we really want these perverts around impressionable children attending Sunday school?

We need to try to help offenders become incorporated back into society. Things aren't as black and white as the North Carolina legislators seem to believe.

"Sex offenders" is a vague term. Most people associate it with rapists and child molesters, but it can also refer to those who engage in lesser activities categorized as "sexual misconduct" - for example, streaking and public urination. These crimes are not necessarily commendable, but they are certainly not on par with acts of Ted Bundy.

Of course, there's always the issue of statutory rape. Perfectly consensual incidents caught by parents, or lied about after-the-fact in a panic, or any number of things.

These people are still harmed, but these aren't the ones the legislators had in mind when making these laws.

We should worry about the true rapists, child molesters, pornographers - the stereotypical offenders.

One might argue that people who would take the virginity from an unwilling child don't deserve the same privileges as everyone else. But regardless of your opinion of the church, it helps a lot of people.

Ex-criminals find salvation through God all the time, be it due to having nothing else to do in prison or a genuine interest in self-improvement.

What else can we do? Shove all criminals together in their own church? History shows that grouping criminals only perpetuates crime, after all. Look at the prison systems for proof. That won't help sex offenders rehabilitate.

A shining example is North Carolina's _____, a two-time convicted sex offender who found himself banned from attempts at self-improvement through his local church. "I believe wholeheartedly if it wasn't for God, I don't know where I'd be today. God's blessed me with learning how to live a better life."

Rape is a serious crime and should not be taken lightly - but these people aren't all rapists. They've already been punished enough through jail time, the sex offender registry, and the humiliation of being known as a "pervert" to their peers.

It's not fair to take away their one path to salvation. What's next, banning offenders from attending school at Palomar? We have minors taking classes. We have a child development center. Where does it end?


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Florida's Draconian Sex Offender Residency Rules

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09/10/2009

Florida's Ban Goes Too Far

Florida's sex offender residency requirements have received national attention recently — not for their effectiveness, but as an example of how far states will go to punish convicted sex offenders.

Florida law prevents sex offenders from living closer than 1000 feet from schools, day care centers, parks and playgrounds. This type of residency restriction is not unique to Florida: At least 30 states have similar bans. But many counties and municipalities in Florida have opted to pass much more restrictive residency ordinances than the one imposed under state law.

Miami-Dade is one of the most egregious examples, with a law requiring sex offenders to live at least 2500 feet from any school, park, day care center or playground. The Miami-Dade ban has effectively eliminated any eligible housing for sex offenders within the city. As a result, more than 70 sex offenders have converged in a community living underneath the Julia Tuttle Causeway Bridge.

There are more than 160 municipalities within Florida that enforce restrictions on where sex offenders can live that are more severe than the state law. Some areas have passed the ban in order to prevent their communities from becoming havens for sex offenders.

The push for the bans began in earnest after the 2005 rape and murder of Jessica Lunsford. Such horrific stories of young children being harmed by repeat offenders created a wave of fear across the state, with citizens demanding that their local governments take action to protect their children and prevent such a tragedy from happening again. Residency restrictions were determined to be one of the best ways to accomplish this goal.

The Problem with Residency Restrictions

There are several problems with imposing residency restrictions on convicted sex offenders. First is the inherent injustice of the restriction. Sex offenders are treated unlike any other criminals. Once they have served their sentence and been determined eligible to re-enter society, they are punished a second time for their crimes by being forced to register as a sex offender for life and by being restricted in where they can live.

This second punishment is even more severe when one considers the full scope of those who are defined as "sex offenders" under Florida law. Those who have been determined to be the most dangerous offenders are labeled as sexual predators. But sex offenders are defined much more broadly and include the 18-year-old who was charged with the statutory rape of his 16-year-old girlfriend. Even though the 18-year-old may not have spent even one day in prison for his crime, state law still will force him to suffer the stigma of being labeled a convicted sex offender — a punishment much worse than the one imposed for the crime of statutory rape.

Second, residency restrictions have been shown not to work. State lawmakers and concerned citizens alike have effectively argued that the residency restrictions are necessary in order to protect children and prevent offenders from reoffending. But the problem is residency restrictions do not prevent either from happening. In the case of Miami's 2500-foot restriction, it only forces sex offenders to go "off the radar," where law enforcement officials cannot keep track of them.

Further, by providing them with at best limited living options, the residency laws actually prevent offenders from re-entering society. Many professionals, including mental health professionals, argue that the residency restrictions prevent offenders from settling into stable environments and give them little to no incentive to become productive members of society. It is under these conditions that offenders are likely to become re-offenders or commit other crimes.

The Future of Florida's Residency Requirement

Even the strongest supporters of residency restrictions for sex offenders are having second thoughts about the efficacy of the bans. State Attorney General Bill McCollum (Contact) has been vocal in his belief that the 2500-foot restriction in Miami goes too far. Lobbyist Ron Brook, who personally traveled across the state to convince communities to pass stricter sex offender ordinances after his daughter was victimized, now believes there must be a better solution than forcing sex offenders into homelessness. Additionally, the American Civil Liberties Union (Contact) (ACLU) filed a lawsuit against Miami-Dade County in July, challenging the legality of the ban on the grounds that it impedes the state's ability to monitor sex offenders.

Regardless of the current political interest in scaling back the more restrictive bans like the one in Miami-Dade, it is unlikely that all residency restrictions will be lifted. Also, whether the political process will be able to do anything about the more restrictive measures imposed by communities across Florida, given the reluctance of politicians to be known as "soft on crime," is questionable.

It is still important, however, that we recognize the problems inherent with state and local sex offender residency restrictions, and that lawmakers are finally taking some action to remedy them.

Article provided by Law Offices of Mark L. Horwitz, P.A.


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


CT - Lawsuit: former officer involved in sex crime

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10/26/2009

WATERBURY (AP) — A lawyer for a 17-year-old boy has filed a lawsuit against the city of Waterbury, claiming a now-retired city police officer handcuffed the teen during an attempted sexual assault in 2006.

The lawsuit was filed earlier this month and seeks unspecified damages. It accuses the city of negligent hiring and supervision of former Officer Stephen Flanigan.

Flanigan could not be reached Monday. His home phone number is not listed.

The boy told police that Flanigan handcuffed him during an attempted assault by Charles Fullenwiley at Fullenwiley's now-defunct electronics store in Waterbury. Fullenwiley was sentenced last week to 40 years in prison for assaulting boys he tied up in his shop.

Flanigan has not been arrested, and an internal affairs investigation found the allegations unsubstantiated.
- Of course they did, he's a cop, and can do no wrong!


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


NY - False Rape Claim Nets Woman Jail Time

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10/26/2009

By Robert Franklin, Esq.

I've written before about what I think should be the correct approach to sentencing false rape claimants. What I would have judges do is look at the effects of the false allegation on its target. Second, I'd have the judge consider the amount of time and effort expended by law enforcement on investigating the matter. Third, there would be the usual considerations like whether she had a criminal record, had she falsely accused before, etc.

So in cases like _____'s the false accuser should be severely punished. _____ is the man who spent a year in jail, lost his house, his job and his son, and all because his wife decided to make a false claim against him. Rebecca _____ should do a lengthy stretch in prison for all that and she should pay him a hefty amount of restitution for all he's been through.

The guys in the Hofstra case are different. They did about a day in jail before being exonerated and having all charges dropped. The woman, Danmell Ndonye, should certainly have been charged and found guilty. I think she should have done a short time in jail and been fined. Of course none of that will happen since the District Attorney declined to charge her.

And this is yet another case (Chesterton Tribune, 10/15/09). Apparently, the man _____ accused may never have even known he was accused. Or maybe he was so informed during the course of the investigation. Whatever the case, he was never jailed and, Det. Gene Hopkins of the PCSP subsequently undertook an “extensive investigation,” on the basis of which the Prosecuting Attorney’s Office issued a warrant not for the man’s arrest but Donohue’s,” police said.

And it looks like the man hasn't even been named.

Given all that, her doing 20 days in jail, is still light for my taste. I think somewhere between half and all of the 180-day sentence would be about right.

But the concept remains that when it comes to sentencing for false rape claims, the amount of harm done should be the main consideration.

Thanks to Stan for he heads-up.


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Barbara Farris - New self-proclaimed vigilante - Trying to open a daycare to force offenders to move

Click the above "BarbaraFarris" label to see all related articles.

Video Description:
Farris talks with sex offenders placed in the woods by probation... Barbara is fighting land owners who pocket money by offenders and not place security making it a dangerous place for our children. Farris fights to put in a day care to place offenders in a supervised habitat. I'm not trying to make them homeless; I just want to know are children are safe! If I have to hunt down 56,000 offenders and make sure there under the bee aware eyes to inform the families and communities of their addresses. That is what Im willing to do even if they live in the woods and our probation officers take them there.

Video Link



"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


John Walsh of "America's Most Wanted" says Somer Thompson's killer may be serial predator (Now they are speculating!)

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Hell, any crime "could" be from a serial offender, but this, IMO, is pure BS speculation. What evidence do you have to back this up? So much for using evidence only, now we result to speculations!

10/26/2009

On Monday, the host of ‘America’s Most Wanted’ appeared on ‘Good Morning America,’ saying Somer Thompson’s killer may have killed before.
- How do you know this?  It's only speculation, which you could say about anybody, where a death is involved!

In addition, John Walsh noted four unsolved abductions of children in the same area twenty years ago.
- So, are you saying they are related? If so, what evidence do you have to prove they are?  More speculations!

Walsh said “The sheriff and I both feel that it’s a predator who has probably done it before.”
- So "feelings" and FACT are totally different things, your "feelings" are only speculation not based on evidence.

Somer disappeared on Oct. 19 while walking home from school. Her lifeless body was found in a Georgia landfill only three days later.

A viewing for Somer is scheduled for Monday night, with a funeral to be held on Tuesday morning, according to the New York Daily News.

Video Link



"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


TN - State says no Halloween for sex offenders under its supervision

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Once again, this is for those on probation or parole.

10/26/2009

By Richard Locker

NASHVILLE -- The Tennessee Board of Probation and Parole is notifying sex offenders that it supervises that they cannot take part in most Halloween and similar fall festival activities involving children, including trick-or-treating with their own children and allowing anyone in their households to pass out candy where they live.

The restrictions do not apply to sex offenders who are no longer under the supervision of the agency, which generally extends through their time on probation or parole. Thus they do not apply to those on the state's sex offender registry who are no longer under Board of Probation and Parole supervision, nor those who have met the criteria and been removed from the registry, the agency's communications director, Melissa McDonald, said today.

The restrictions are not new and have been enforced in recent years, although they have not been broadly publicized as the board is doing this year. "Our goal is to protect the safety of the public, especially children, throughout the Halloween season," the board's executive director, Bo Irvin, said in a press release issued today. "By reminding offenders of the restrictions upon them, and the consequences of non-compliance, we make the harvest season safer for Tennessee families."

Every state-supervised sex offender in Tennessee has received, through their probation or parole officer, a document detailing the restrictions and the consequences of non-compliance for their signature. Officers are also making announced and unannounced visits to verify that offenders are abiding by restrictions and the terms of their curfews.

According to the agency, the letters advise supervised sex offenders that:
  • Neither they, nor anyone in their home, can answer the door to trick-or-treaters on Halloween.
  • They cannot pass out candy.
  • Their homes cannot be decorated for Halloween, either inside or outside.
  • They cannot host Halloween parties at their homes.
  • They cannot go to haunted houses, corn mazes, hay rides or any other seasonal activity.
  • They cannot be at any function where children are gathered, including private residences.
  • They cannot give any Halloween treats to children.
  • They cannot wear costumes.
  • They cannot take any child, including their own, trick or treating.

McDonald said the restrictions apply regardless of whether the offender has his or her own children in the home.


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


IN - Indiana Department of Correction to Conduct Operation “Safe Halloween”

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This is for those on parole or probation, not all sex offenders.

10/26/2009

By Douglas S. Garrison

For Immediate Release Indiana Department of Correction to Conduct Operation “Safe Halloween

Indiana Department of Correction (IDOC) Commissioner Edwin G. Buss announced that Halloween this year will be safer for Hoosier children as the Agency again organizes Operation “Safe Halloween” in Parole Districts statewide.

This public safety program brings together convicted sex offenders to one location during “Trick or Treat” hours in an effort to directly monitor them and remove sex offenders from community streets during this traditional children’s activity. The Indianapolis Parole District has collaborated with Marion County Probation to enhance the effectiveness of such meetings.

On Saturday, October 31, 2009 beginning at 6:00 p.m., paroled sex offenders in Marion County will be required to report to a meeting where information regarding the sex offender registry, treatment options, and parole/probation obligations will be discussed.

Commissioner Buss commented that “by gathering convicted sex offenders together on Halloween night, they can be more effectively monitored by the Department’s Parole Division, with the goal of providing more peace of mind to parents that send their kids out to Trick-or Treat, or to other Halloween activities.”

Commissioner Buss also pointed out that the Department operates and works with Sheriffs’ Departments across Indiana to update and refine the Indiana Sheriffs’ Sex and Violent Offender Registry, which is available online to all Hoosiers wishing to review neighborhoods before sending their children out.

WHAT: Operation “Safe Halloween

WHERE: The meeting is closed to the general public. Media outlets interested in learning more about the event should contact one of the IDOC representatives listed below.

WHEN: Saturday, October 31, 2009 beginning at 6:00 p.m.

Media Contacts:

Douglas S. Garrison
Chief Communications Officer
Phone: (317) 232-5780
dsgarrison@idoc.in.gov

Stacy Doane-Selmier
Parole District #3 Supervisor
Phone: (317) 216-2200
sdoane-selmier@idoc.in.gov


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


MA - The Execution of Cameron Willingham

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10/26/2009

By MICHAEL SNEDEKER

"The only statement I want to make is that I am an innocent man convicted of a crime I did not commit. I have been persecuted for twelve years for something I did not do. From God’s dust I came and to dust I will return, so the Earth shall become my throne.”

So spoke Cameron Todd Willingham just before the state of Texas killed him. Governor Rick Perry’s (Contact) abrupt dissolution of the Texas Forensic Science Commission on the eve of its long-awaited decision in the Cameron Todd Willingham case was an effort to cover up a state-sanctioned murder; days before Willingham’s execution, Perry knew or should have known how riddled with errors and mystical assumptions was the critical expert testimony purporting to show that Willingham had set fire to his own house, with his three young daughters inside. (see, Trial by Fire,” by David Grann: New Yorker, September 7, 2009)

The botched investigation of Willingham’s suspected arson recalls the sex abuse scandals that began during the same period — the early 1980s to the early 1990s — and whose legacy endures to this day. People continue to be convicted of crimes that never happened, based on theories that experts called scientific but which later research has shown to be nonsensical, even medieval.

As in the sexual allegations, purported crime victims in fatal, accidental home fires tend to be young children. The mere suspicion of “harm to minors” awakens deep-seated fears that stifle common sense. Willingham’s prosecutors suggested he was a member of a Satanist cult. The evidence: his heavy-metal rock posters. Day care prosecutions featured expert assertions that the accused were sociopaths and Satanists.

Shoddy arson investigations are getting scrutiny now because Willingham was executed. False convictions of child sexual abuse do not end in capital punishment (though legislatures have tried). Instead, people who are almost certainly innocent have been sentenced to centuries of time in prison. Some–including Fran and Danny Keller in Texas and James Toward and Francisco Fuster in Florida–are still there almost a generation later. The first accused daycare teacher, Bernard Baran, in Massachusetts, was finally released after 22 years and exonerated three years later. Others are released from prison, only to end up on sex offender registries. Junk science didn’t literally kill these people, but it has stolen their lives. Their cases constitute a grave injustice, and desperately need review.

Where there is life, however, there is always hope. Nancy Smith, a school teacher, and Joseph Allen, a Head Start bus driver, were recently released from Ohio prisons after 14 years in prison for committing phantom crimes against five-year-olds. And John Stoll – convicted of allowing people he barely knew to sodomize his six-year-old son, and himself sodomizing young children he had just met and then sending them on home after school – was released after 20 years in state prison. He was immortalized in a movie narrated by Sean Penn (“Witchhunt”), and recently settled a civil rights case against Kern County, California, for 5.5 million dollars. But for Cameron Willingham, there is no revenge, no redemption, no hope at all.

Michael Snedeker is a defense attorney, co-author with Debbie Nathan of Satan's Silence: Ritual Abuse and the Making of a Modern American Witchhunt, and President of NCRJ.org, an innocence campaign for people wrongly accused or convicted of crimes against children. He can be reached at m.snedeker@comcast.net


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


UK - Nightmare over false rape claim

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10/26/2009

A Daventry man had his world turned upside down after being falsely accused of rape by a lesbian.

Samantha Fitzjames, aged 24, was upset at not receiving enough attention from her partner so she accused a stranger she met in a pub of raping her.

_____, 27, had his life put on hold for two months after being arrested on suspicion of raping Fitzjames in Sheaf Street, Daventry, on Thursday, April 23.

He was dragged from his bed, arrested and kept in a cell for 18 hours after Fitzjames told police a man called _____ raped her after they had met in the Dun Cow pub.

She then maintained her claim, leaving the allegation hanging over Mr _____ for the next two months.

He said: "I've got two sisters and never thought I would ever get accused of doing anything against a female in my whole life."

"It made me really nervous and question myself. But what really annoyed me was the way I was treated by the police."

"I've still got a bedroom door hanging off its hinges from where they kicked it in."

"I was treated as guilty from the moment they arrested me. I think by keeping me in a cell for 18 hours was their way of trying to break me and admit to something I would not admit to."

At Northampton Crown Court, Fitzjames pleaded guilty to perverting the course of justice and was warned she faces a prison sentence.

Michael Waterfield, prosecuting, said: "It's a very unusual case and what I understand to be a very uncommon situation."

"She was living in Redditch at the time and made a statement to police in West Mercia that she was raped in Daventry."

"A man was arrested and a large scale investigation was set up."

"Some time after the allegation was made, Northamptonshire Police spoke to her on the phone, by which time she was living in Bristol and she told them the allegation was false."

"She had told her girlfriend she had been raped and it had gone from there."

Fitzjames, now of Higher Bore Street, Bodmin, in Cornwall, was released on bail pending probation reports and will be sentenced next month.
- I sure hope she gets what he would have received, if found guilty!  We need a false accuser registry, so when stuff like this happens, they can check this registry and see if the person has a history of this stuff.

Judge Richard Bray told her: "This obviously passes the custody threshold."

"We are in serious territory here but I will order a report."

Hena Vissian, defending, said the false rape allegation was "an outburst due to her particular difficulties and proclivities."


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OH - Former Police Chief Indicted On 10 Counts Of Sex Crimes

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10/26/2009

A former Harrison County police chief has been indicted on 10 counts of sex crimes.

Ronald Bone, who was previously chief in Hopedale, is accused of having sex with a 17-year-old boy. Investigators said one of the encounters happened in the city building while Bone was on the job.

Bone was indicted Friday on two counts of rape, six counts of sexual battery and two counts of gross sexual imposition.

Bone resigned from Hopedale on Aug. 31 but officials said his resignation had nothing to do with the investigation. The allegations surfaced last month.

A prosecutors said the charges all stem from the case involving the teenage boy. Prosecutors took the case first to the county level then presented their full case to a grand jury.

Bone remains free on bond.


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


SCOTLAND - Scotland Ups The Protection Level Against Repeat Sex Offenders

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10/26/2009

By Scottish Government

Fewer than one in 60 of Scotland’s registered sex offenders reoffended in 2008-09, according to figures published today.

Data showing how police, prison and local authorities currently work together to manage sex offenders and protect the public has been published.

This is the second year that each of Scotland’s Community Justice Authority (CJA) areas have published detailed reports on how the responsible authorities in their areas are managing sex offenders in the community.

The Multi-Agency Public Protection Arrangements (MAPPAs) came into force in April 2007, ensuring the police, the Scottish Prison Service and local authorities, working with other agencies where required, jointly assess, share information about and manage certain offenders in the community.

The reports for 2008-09 show that across Scotland:

  • 2,967 registered sex offenders were living in Scottish communities with a further 798 in custody on March 31, 2009
  • 2,825 offenders complied with the notification requirements of the sex offenders register
  • 136 breaches of the notification requirements were reported, 47 fewer than for 2007-08
  • 44 offenders were charged with a further sexual or violent offence – representing one in 68 of those managed (1.48 per cent)

Justice Secretary Kenny MacAskill said:

"Sexual offences are not a modern day phenomenon. The sad reality is that sex offenders and the threat they pose have existed for all of human history. But what has improved is the way in which they are managed."

"Since devolution, three expert reviews and a cross-party inquiry have led to significant reforms to how these individuals are managed and only last month, Tayside Police began a pilot project that will entitle parents to know if a sex offender has access to their children."

"MAPPAs have strengthened how police, social work and other agencies work together to assess, monitor and reduce risks posed by convicted sex offenders. While they can’t always be foreseen or eliminated, these agencies are working increasingly effectively to identify and minimise risks and protect the public."

"While it is clearly worrying when any sex offender reoffends, it is encouraging that the reoffending rate last year equates to one in 68 when the general reoffending rate is far higher."

"Today’s reports are evidence that the comprehensive joint approach delivered through MAPPAs are working in practice. They clearly demonstrate that when sex offenders breach their conditions, it is dealt with swiftly."

"Dealing with the complex problem of sex offending requires dedicated professionals working together to take difficult decisions in the interests of public protection. We must all continue to be vigilant and share information. Scotland is one of the leading countries in the world in terms of its approach to the management of sex offenders and we will continue to strengthen our approach to dealing with them."

Deputy Chief Constable Bill Harkins of ACPOS said:

"Since the publication of last year’s annual reports MAPPA has continued to develop in Scotland. ACPOS has remained engaged with our partners in social work, prisons, health and others and the work we do together is helping to enhance the level of protection provided to the public."

"Managing offenders who pose a high risk of harm is not an exact science and the agencies are learning from each case. We value our close relationship with Government which has provided the opportunity to trial new techniques such as the Sex Offender Disclosure Pilot which we anticipate will help to protect children and empower parents."

"MAPPA has helped cement the relationships between the ‘responsible authorities’ and ‘duty to co-operate’ agencies. These relationships continue to produce new opportunities for information sharing, problem solving and collaborative working."

Sandy Riddell, Director of Community Services Moray Council, and Convenor of the ADSW Criminal Justice Standing Committee, said:

"ADSW welcomes the publication of the annual reports for the second year of the operation of MAPPA in Scotland. ADSW remains fully committed to the principle that effective assessment and management of sex offenders requires close collaborative working between responsible authorities and that the MAPPA process strengthens such collaborative working."

"Since the publication of the first MAPPA reports last year a significant amount of work has been undertaken to develop practice in the assessment and management of high risk offenders and this ranges from the training of front-line staff to the development of strategic oversight groups for MAPPA. The training provided has been initiated both locally and nationally and delivered on a multi disciplinary basis, reflecting the good collaborative working operational practice of the responsible authorities and duty to cooperate agencies."

"All CJA areas have now developed strategic oversight arrangements, which amongst other things will monitor MAPPA performance and quality assurance and plan the long term development of the MAPPA."

"The MAPPA reports for 2008-2009 evidence the continued good collaborative practice in this demanding area of work. Currently all agencies are involved in reviewing the new draft MAPPA guidance and it is important that this guidance is continually reviewed and revised to ensure that it effectively guides all agencies involved through the MAPPA process and assists in the continued improvement of MAPPA."

The Management of Offenders etc. (Scotland) Act 2005 established the MAPPAs and placed them on a statutory basis. The legislation requires the police, Scottish Prison Service and Local Authorities (acting jointly as the ‘Responsible Authority’) in each of the eight Community Justice Authority areas of Scotland:

  • To establish arrangements for assessing and managing the risks posed by registered sex offenders
  • To review and monitor the arrangements
  • As part of the reviewing and monitoring arrangements, to prepare and publish an annual report on their operation

Other agencies have been placed under a duty to co-operate with the Responsible Authority. These include:

  • Health Boards
  • The Principal Reporter to the Scottish Children’s Reporter Administration
  • Housing Providers which accommodate MAPPA offenders
  • Electronic Monitoring providers

MAPPA is the term to describe the arrangements set up locally to assess and manage offenders who pose a risk of serious harm. There are three categories of offender eligible for MAPPA:

Category 1: Registered Sex Offenders – sexual offenders required to comply with the notification requirements (often referred to as registration) set out in the Sexual Offences Act 2003

Category 2: Violent offenders – violent offenders convicted on indictment of a crime inferring personal violence and who are on probation or subject to licence following release

Category 3: Other Offenders – offenders who do not fall into categories 1 or 2, but who have been convicted of an offence which leads the responsible authorities to believe that they continue to pose a risk of serious harm to the public and require multi agency management

National MAPPA guidance indicates the use of 3 levels of management:

  • Level 1: the risks posed by the offender are such that they could be competently managed by a single agency without significantly involving other agencies. The majority of MAPPA cases fall into this level
  • Level 2: Inter-agency risk management. This level of risk or complexity of the case is effectively managed by active involvement of more than one agency
  • Level 3: Multi-Agency Public Protection Panels (or MAPPPs). The criteria for these critical few cases present as high or very high risk and require close co-operation and oversight at a senior level

Sexual Offences Prevention Orders, Notification Orders and Foreign Travel Orders are intervention tools that restrict the behaviour of offenders and can be applied for through the courts with the intention of preventing them committing serious further offences. A breach of these orders is a criminal offence subject to a penalty of up to five years’ imprisonment.


"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


OR - Oregon coach reacts to dismissal of sex abuse case

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All people who make false accusations, should get the same sentence the accused would have received, if found guilty, instead, they get slapped on the wrist, most of the time. This shows, all it takes is allegations, and your life is over, and the accuser will most likely walk.


10/25/2009

By Kristina Nelson

COQUILLE - It's the news _____ and her family have been hoping for.

On Thursday, the Douglas County District Attorney's office filed a motion to dismiss the case in which she was being accused of sexual abuse with a minor.

"It was relief, it was happiness, it was frustration," _____ said. "My family and myself have been put through a lot the last nine months."

The charge came about after a young man alleged that the former Coquille High School track coach had sex with him in 2006 when he was just 17.

However, that charge was dismissed after the alleged victim stated he no longer wanted to move forward with the case.

"We actually expected it, hoped for it for quite some time," says _____'s attorney, David Terry.

_____'s trial was set to begin on Monday.

"I think what this was, was clearly a case of a kid who was bragging to friends," Terry told a news crew. "It got away from him and he stuck with his story and went to the Grand Jury and testified under oath - falsely - and represented something happened which never, ever happened."

Terry did supply KATU sister station KCBY - in North Bend, Ore. - with the letter written by the alleged victim to Deputy District Attorney Shannon Sullivan advising he no longer wanted to proceed.

In the letter, however, the former student writes: "I solidly stand by what I have stated as the truth as I remember it."

_____ said even though the charge has been dropped, she is bothered that the District Attorney didn't come out and say she is innocent, even after she passed two polygraph tests.

"I never did anything wrong and I've passed two poly's, and the DA was aware of both of those," _____ told KCBY. "In my opinion the accuser had nothing to back up his story. I just feel like a proper job could have been done and my family and myself could have been saved a lot of sadness that is going to be very hard for me to recover from."

As for moving on with her life, _____ says she has to look at new career options.

"I can't go back to coaching," she said. "I don't feel very comfortable going back into the teaching industry, my life has been drastically changed. Those kind of consequences are very tough to deal with because I didn't do anything and I was lied about. I feel like I've done everything I cant to prove that I didn't lie."

Right now, she said she is just taking one day at a time.

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"That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing." - Martin Luther King (United States Constitution, Bill of Rights)

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