Tuesday, November 10, 2009

The Carrie Prejean sex tape is child pornography

View the article here

11/10/2009

By Tim Worstall

There won't be a public release of the Carrie Prejean sex tape: for it is child pornography.

The story of the Carrie Prejean sex tape is pretty well known by now. The former Miss California was suing pageant organizers and they were suing her. Then, at a crucial moment in the negotiations lawyers were able to show a sex tape of Carrie Prejean to her and her lawyers, showing that she had breached the pageant rules about not having been photographed nude (or of course, anything further) before entering the contest.

However, there is something more that still can be said about the Prejean sex tape. It's not about to make it to a video store near you nor is anyone (at least anyone identifiable) about to release it on the web. And even if it is, you most certainly should not try watching it, for to do so would make you a sex offender. For the Carrie Prejean sex tape is in fact child pornography.

Dethroned beauty queen Carrie Prejean calls an X-rated sex video of herself "the biggest mistake of my life."

Prejean, the former Miss California USA, says she made the sex flick of herself alone when she was 17, for an ex-boyfriend.

You've got to be 18 to exercise your constitutionally protected rights to free speech by stripping off and having sex of any kind on camera. If you're a day below that age then it isn't free speech, it's child pornography. And those who sell it, those who distribute it and even, in certain places, those who watch it inadvertently can go to jail.

All of which leaves open an intriguing option for Carrie Prejean herself if she wishes to pursue it. If it really is true that the pageant's lawyers played the tape in that meeting, rather than just revealing its existence, then they themselves are guilty of possession of (and quite possibly production of, given the way the law works about how computers reproduce images as they play them) child pornography. Not that this would earn her any money, but seeing them go down for years as a result would be some sort of revenge, wouldn't it?


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


Papantonio: The Death Penalty Discussion

Murder is murder, doesn't matter who is doing it!

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


IN - Sex offender registry reduced by 1/3

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If the law has been ruled unconstitutional, then why do those who may be affected, have to spend more of their hard earned cash, to talk to a lawyer to get off the registry? That is just wrong, IMO! The people who run the registry should check all people involved, and remove those who are affected by it, but, they don't want to do the hard work, they want you to spend your money to do it.

11/10/2009

By Megan Stembol

Supreme court decision opens potential

ALLEN COUNTY (WANE) - A landmark case at the Indiana Supreme Court may decrease the number of people in Allen County that have to register as a sex offender by more than a third.

The Indiana Supreme Court overturned a ruling by a Marion County judge in the case of Richard P. Wallace vs. the State of Indiana (Or here) . It's a decision that could echo across the state.

In 1988, Wallace pleaded guilty to a Class C felony Child Molesting charge. He completed his sentence in 1992, two years before state legislators passed the Sex Offender Registration Act into law. It required probationers and parolees convicted of child molesting on or after June 30, 1994 to register as sex offenders, among other things. The law was later amended to include all offenders, regardless of conviction date. The Indiana Supreme court ruled making Wallace register as a sex offender is unconstitutional because it violates the state's ban on ex post facto laws.

Deputy Prosecutor Michael McAlexander, the Allen County Prosecutor's office , explained what that means. "[The Indiana] constitution does not allow you to look at an event first and then decide that [it] should be against the law and then retroactively enforce it against people."

On the Allen County Sex Offender Registry alone, the case potentially affects about 245 of the 650 people registered. That's about 37% of Allen County registered sex offenders that potentially won't have to check in with local authorities and have their addresses and other personal information available to their neighbors on the registry website.

"I don't get to interpret the law, my job is to enforce the law," said Allen County Sex Offender Registry Administrator, Detective Jeff Shimkus. "I don't have to like it, but we have to apply the law the way the courts tell us to. That's the bottom line."

Shimkus warns parents that the registry is only a tool, and that thorough parenting is the best preventative measure to protect kids.

"You can have someone who's not registered, never been convicted of anything, who may be a very sick individual and he just hasn't gotten caught yet. Parents have to have common sense," said Shimkus.

The Allen County Sheriff's Department makes contact with about 200 registrants per month, knocking on their doors to confirm their address is correct. Shimkus admits, reducing the number of registrants by a third would reduce the work for police, who are dramatically taxed by the requirement of the Sex Offender Registration Act. Since it's conception in 1994, the law has been amended time and time again, to include more offenses, and more monitoring of offenders.

The Indiana Department of Corrections , the state registry administrative body, has a message to offenders on its website, regarding the Wallace case. It advises offenders to seek legal counsel if the Wallace case applies to them. Shimkus says locally, offenders have to file a motion to have themselves removed from the registry. A handful of people have already done that in Allen County.
- So in other words, instead of the police or DOC removing those affected, you have to spend your hard earned money to hire a lawyer to get you off the registry.  I wonder if they will refund the offenders money who had to hire a lawyer?  I would definitely ask the lawyer you hire about this.  See the contact info below, if needed.

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Contact the Indiana Department of Correction Sex and Violent Offender Registry
Email: svor@cji.in.gov
Phone: (317) 232-1232
Fax: (317) 234-1953

Address:

Indiana Department of Correction
Attn: Indiana Sex and Violent Offender Registry
302 W. Washington St.
Indiana Government Center South, W341
Indianapolis, IN 46204-2038


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


GA - Briefs Files

Dear Friends,

We are writing with a short case update. On October 30, 2009, the State filed its response to our summary judgment motions. Yesterday, November 9, we filed our reply brief. Both briefs have been posted to our website here: www.schr.org. We must now await the Court’s ruling. We do not know when the Court will rule. It may be several months before we receive a ruling. We will let you know as soon as we have any further information.

All the best,

Sara, Sarah, Gerry and Mica

Mica Doctoroff
Southern Center for Human Rights
83 Poplar St.
Atlanta, GA 30303
(404) 688-1202 -phone
(404) 688-9440- fax
mdoctoroff@schr.org
www.schr.org


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


UK - It's not just men who abuse

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11/10/2009

By Theresa Gannon

The rise in the number of children identifying a female as their sexual abuser is worrying. However, it is not surprising.

As a professional working with both male and female sexual abusers, I have often been faced with male sexual abusers who report having been sexually abused by a female when they were children. Yet there are very few women in prison for sexual offences against children. So where are all the female sexual abusers?

Historically it has been hard for society to accept that women abuse children: we believe women are nurturers. Because society has got stuck in the mindset that only men abuse children, victims of female abusers fear telling anyone in case they are disbelieved. Boys, in particular, appear reluctant to tell others that they are being abused by a woman.

The figures released by the NSPCC challenge the idea that sexual abuse is a male-perpetrated crime. Female sexual abuse has begun to receive more attention in society as the result of several recent high-profile cases – such as that of the nursery worker Vanessa George.

Despite the increase in the number of children identifying a female as their sexual abuser, very few children have officially reported this abuse. Where, then, do we go from here? Are we doing all we can to protect and safeguard children from sexual abuse? What should we be watching out for?

Recently I interviewed convicted female sexual abusers in England to understand more about how they abuse children. The results shed some light on how we can further protect children.

First, like male sexual abusers, all women who abused children knew their victims well. However, unlike their male counterparts, female abusers tended to offend alongside a man – in fact, well over half did.

Being female also seemed to have advantages for keeping the victim "quiet". Sometimes women used the very fact they were female to dissuade the victim from "telling" ("who would believe you?"). What can we take from this?

The first step towards protecting children from abuse is to be aware of the various forms it can take. It would be a sad state of affairs if we felt unable to trust anyone with our children, but we should not accept that they are automatically safeguarded from abuse just because a female is present. . Parents should remain vigilant.

We may already tell children they shouldn't "keep secrets" with adult males. Children may also be told to report any inappropriate touching from males. But are children aware that an abuser may be female? Are we taking the trouble to make it clear to children that women may also touch inappropriately and ask children to "keep secrets"? I am not suggesting we become hyper-vigilant to the point of ridiculousness. But it is our responsibility to ensure that we protect children from all types of sexual abuse.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


WI - New Bill Aims to Keep Kids Safe While Online (More violations of privacy!)

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Just more of the typical grandstanding, boasting and fear mongering to look "tough" on sex offenders, and violating their rights. Why don't you kick kids off these sites? They are suppose to be a certain age anyhow. Why not set an age limit on them, like alcohol, smoking, etc?

11/10/2009

Lawmakers are taking notice of social networking sites. They say sex offenders are hanging out at places like MySpace, Facebook and Twitter. Now, there is a move underway to make these sites safer for kids.

Diane Andrus is one parent is not waiting for the government and is taking measures into her own hands. Her 13 year old, Shiloh can be found at the Library checking on her Facebook page. "I don't like her using it at all." Diane said. "There's too many chances that someone could get a hold of you that shouldn't."
- Hell, that could be said for anywhere in public, not just cyberspace!  So are you going to keep your kid couped up in the house all the time?

As it stands now, sex offenders are only required to register their home address with authorities. But they are free to log on to sights like Facebook and MySpace with no supervision at all. They can chat with anyone they please.

But that may change. Under a bill being debated in the Wisconsin State Legislature, convicted sex offenders would have to register any personal email address or websites with the state. Dana Van Den Heuvel of the MarketingSavant Group says the law is needed to protect kids. "We do need some legislative action to make sure they are tracked. Just like we'll track them around playground, places where children are going to be, obviously everyone including children are on the Internet."

But there is skepticism of how well it would work. Could authorities keep up with the fast changing technology? And who's to say a sex offender couldn't just have an account under a different name? That's too many loopholes for Diane Andrus. "There's a lot of people I don't know on there a lot of them."

So Diane is making her daughter shutdown her Facebook page once and for all. The State Assembly passed the plan on a unanimous vote The now heads to the Senate for approval.

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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


KY - Charities to help the homeless, kicking sex offenders out into the cold to possibly die, thanks to Councilman Doug Hawkins!

View the article here

So now, sex offenders must stay cold and possibly die? I find it appalling that this is an organization to help people in need, yet they deny sex offenders the same treatment! I guess they are okay with them possibly freezing and dying?


11/09/2009

By Shayla Reaves

LOUISVILLE (WAVE) – The Project Warm Blitz (Email) helps the poor and disabled get their homes prepared for winter before bad weather arrives. Taxpayer dollars pay for supplies and volunteers do the work. This year, they even helped a registered sex offender.

The offender is 64-year-old _____ who lives on Hackel Drive. _____ is a lifetime registered sex offender charged with first degree sexual abuse involving a 5-year-old child.

We get hundreds of media releases every week, but one we got last weekend made me take a second look. On November 7, Project Warm invited our crew inside a home that volunteers were getting ready for the winter. I recently covered stories in the area and the address prompted me to do some research. A quick Internet search on the Kentucky Sex Offender Registry confirmed the resident was a registered sex offender.

"We're disappointed about the situation," said Councilman Doug Hawkins (Contact) (R-District 25).

Still, how did no one catch this? Frank Schwartz, acting director of Project Warm, said most clients come from social service referrals. With hundreds of clients and a limited staff, Schwartz said going to every home ahead of time could be tough.

"I think yes, we kind of need to look at our training and our processes to make sure people are safe," Schwartz said of the finding.

The program uses some high school students to do the work, but we're told none worked with the crew of volunteers at _____’s home Saturday. Still, we wanted to know what measures are in place to keep these volunteers safe.

"We don't work alone. If it is a youth group, like high school, we insist that there be an adult along," Schwartz said. "If people feel uncomfortable, you have our permission to tip your hat and say we need to leave."

"I know they're limited to a number of homes a year and for them to get on the registry and check 20 houses that they're going to do that day, wouldn't take that long," said Hawkins."They efficiently, cost-effectively, winterize their homes. They save them on their energy bills. They're a good program. I'm sure they'll work to rectify this situation."

Because this could happen to any organization, we wanted you to be aware. By phone, we spoke with a volunteer who assisted at _____ home. She said everything went fine during the project stop. They took pictures with _____ and provided the weatherization services he qualified to receive.

This year’s Project Warm blitz will target 260 homes and the work continues next weekend, November 14. Funding for Project Warm is provided by Metro Government and E.ON.US.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


ME - Maine prison guard fired after death of inmate

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11/10/2009

PORTLAND - A Maine correctional officer has been fired and another demoted in connection with the April death of a wheelchair-bound sex offender after a beating at the state prison in Warren.

The Portland Press Herald says the Department of Corrections fired Joshua Bailey and demoted William Robinson from sergeant to corrections officer.

Sixty-four-year-old _____, of New York, was serving a two-year term for sexually assaulting a young girl when he was attacked by one or more inmates on April 20. He died four days later.

Associate Corrections Commissioner Denise Lord says Bailey and Robinson were disciplined in September, but it couldn’t be made public until it became final.

Investigations into the death of _____ continue.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


FL - Bus stop protestors reach agreement

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It is my opinion, she did this for publicity only! And the media sucked it up and gave her everything she needed. I am only speculating, but, that is how it appears to me. This is just totally stupid, IMO. The original issue was the offenders near the bus stops. So now, they put up 9 cameras to monitor the bus stop 24/7, when kids are there only an hour or so per day.

11/10/2009

By Tracy Jacim

ORLANDO (WOFL FOX 35) - After spending many nights sleeping on the side of Orange Blossom Trail in protest and after trying to get a daycare established so that high-level sex offenders living nearby would have to move, a contract between abuse survivor Barbara Farris and the HOA at the Lakeshore Village Trailer Park was forged on Monday.

Some eighty sex offenders of all types live in the community near a school bus stop. They, with the permission of the park's owner, have agreed to install internet accessible surveillance cameras throughout the park and at the bus stop.

Farris shook hands with not one, but two sex offenders who live in the Lakeshore Village Trailer Park.

"We are all happy with the outcome," said Farris, who will no longer threaten to put a daycare up to chase the high level offenders out.

Instead, Farris and her watchdog group Bee Aware, will install nine surveillance cameras. Only Farris and a select few will have the access code to access them any time online.

Farris explains, "If they're going to do something wrong, offenders will change patterns, and now we'll be able to see them on tape. We'll l be recording 24 hours."

"We've been fighting for the wrong reasons. We're really out for same resolution," said the president of the park's HOA. He is also a registered sex offender.

He says he also wants a safe community. He also wants surveillance cameras to keep a close eye on the higher level repeat offenders.

"A consensus vote was taken by the park and we came up with a high 70 percent vote for the surveillance cameras proposed by Ms. Farris. If you're not doing something wrong, what have you got to worry about?"

They hope to have nine cameras installed within the month. Each one will cost about $2,000, and Farris is footing the entire bill.



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"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved


MI - Bay County attorney hopes to test homeless defense for man accused of failing to register as a sex offender

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11/09/2009

By LaNia Coleman

How does a convicted sex offender comply with the state Sex Offender Registration Act if he’s homeless?

The legislature has us in a quandary,” Bay City attorney Mark E. Janer said.

Janer is representing _____, a 29-year-old man jailed in April for failing to comply with the act that compels sex offenders to register their addresses with state police.

Offenders charged with misdemeanors must register annually. Felons must register every three months.

Registrants must show state-issued photo identification. The state, however, won’t issue a photo ID card to a person without an address.

If he can’t find a place to live, it’s impossible to comply with the law,” Janer said.

_____ entered a guilty plea in April and was scheduled for sentencing Monday but Janer filed a motion to withdraw the plea.

Janer said he wants the opportunity to introduce the homeless defense, either in a preliminary hearing in District Court or at trial in Circuit Court.

As Janer prepares to test the defense in Bay County, a state Court of Appeals is grappling with the same issues in the case of People v. Dowdy.

The case of _____ sprang from Ingham County and landed in the lap of the state Supreme Court in February.

_____, 61, was rendered homeless in 2006 after operators of an Ingham County homeless shelter gave him the boot because of his sex offender status.

_____ failed to register his address because he had no address to register. Meanwhile, he was bunking in abandoned buildings and public places.

The high court justices hashed over the case for about six months, failed to reach a consensus, then tossed the hot potato to the appeals court for further consideration.

There is no published case law governing the unusual factual circumstances,” Chief Justice Marilyn Kelly wrote in an Aug. 6 order remanding the case to the Appeals Court.

Assistant Prosecutor Barbara J. Hayward isn’t convinced that _____’s case mirrors _____’s.

He (_____) was transient but not homeless,” Hayward said.

She said he has stayed with friends and family off and on and this was not the first time he failed to comply.

He would rather float along than apply himself,” Hayward said. “Is he making the choice to bounce around and make himself technically homeless?

Hayward said any sex offender could claim homelessness to skirt registration requirements.

Bay County Circuit Judge Joseph K. Sheeran granted Janer’s motion to withdraw _____’s plea.

_____’s next court date is pending.

_____ pleaded guilty April 15, 2002, to attempted third-degree criminal sexual conduct with a person 13 to 15. The charge stemmed from a July 4, 2001, incident in Bay County, state records show.


"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of a civilization. We must have a desire to rehabilitate into the world of industry, all those who have paid their dues in the hard coinage of punishment." - Winston Churchill (United States Constitution, Bill of Rights)

© 2006-2009 Sex Offender Issues , All Rights Reserved