Thursday, April 5, 2012

UK - This 14-Year-Old Sex Tape Producer Should Be Thankful He’s Not American

Original Article

04/04/2012

By Slade Sohmer

It’s downright impossible to keep teenagers away from Internet porn. Even with safeguards, filters and education, it’s always just one Google search on a friend’s computer away. And with the prevalence of such pornography via modern technology comes a warped perception of sex.

One only has to take a cursory glance at the news to find the Helen Lovejoy-esque freakouts about SEXTING, and junk shots and self-taken mirror pics and group action. But, after jumping the snark, perhaps these “Won’t somebody please think of the children?!” moments have a point. Armed with the trappings of modern technology, kids today may not be hornier than ever, nor doing more damage than ever to their sexual health, but the long-term consequences of their actions have a reach and permanence like never before in history.

The latest such high-profile example of this comes from Cheltenham, England, where a 14-year-old boy has been arrested after posting to Facebook a brief clip of himself and a 14-year-old girl engaging in an unspecified sex act (it’s unclear if it was just a clip or whether the whole thing lasted just a few pumps). The sex was consensual, all parties agree. The boy got off … lightly. Rather than ruin the mini-pornographer’s life with the scarlet letter of the sex offender registry, police gave him a “final warning,” which means it’ll all be expunged from his record in six years, barring any additional indecent incident.

Surely the girl’s father may have a word (or a fist-to-jaw conversation) with this unnamed sextaper. Surely there will be giggles as he walk the halls of his school. Surely girls may think twice about a sexual rendezvous with him. But at least he won’t be branded a sexual predator for life, be forced to go door-to-door in new neighborhoods and disclose to universities and employers he’s a marked man.

And, for that, we say “cheers, mates.”

Teenagers, even the most mature, are shortsighted idiots when it comes to sex. But sex offender laws in the United States do not allow for youthful indiscretions. We’re not only talking jail time, but the other such measures: not being allowed to finish to high school, not being able to enter parks, not being able to go to sporting events, not being allowed near a library, having your picture and address posted on the Internet. Forever shunned by society. Just think what that does to a person. It’s cruel and unusual.

There are actual sexual predators out there. There are people who rape children. There are people who sexually assault women. There are very bad people who do very bad things all over the country. These criminals need to pay for what they’ve done. They deserve these harsh punishments.

In America, we tell kids they’re in possession of “child porn if they own a yearbook which shows a boy’s hand down the pants of a fellow high schooler. In America, we throw eighth graders on the sex offender registry for life for aggressive (albeit, yes, deviant) horseplay. In America, we bestow Forever Pervert status on teenagers who just wanna show off what they’re working with via text. In America, we brand 19-year-olds as lifetime rapists for sleeping with their 16-year-old high-school sweethearts, and even if that man married the woman and raised four kids together, he still has to wear that crown of thorns.

Why? Because it makes us feel better? Because we’re so uneasy about morality that we need to make it about legality? Because it’s easier to codify a set of harsh penalties in black and white than deal with the gray areas? Hopefully we can look elsewhere, like Cheltenham, for guidance.


UK - Flat fire victim was sex offender

Original Article

04/05/2012

By Tim Clarke

A man who was killed after a suspected arson attack on his Warndon home was a convicted sex offender, it has been revealed.

Police investigating the murder of [name withheld] have confirmed the 52-year-old had a history of sexual offending against teenage boys.

Mr [name withheld]'s body was found in the burnt out remains of his home on Chedworth Close in the early hours of December 14.

His death sparked a major murder investigation and was featured on BBC TV's Crimewatch but despite a reward of £20,000 being offered by police, his killers remain at large.

Detectives have waited until now to reveal that Mr [name withheld] was a sex offender in the hope that it may lead to a fresh breakthrough in their investigation.

Detective Chief Inspector Paul Williamson, who is leading the operation, said: "Since his death a lot of rumours have been circulating around the local community in Warndon about Mr [name withheld], some of them quite fanciful, and we believe these may have hampered our investigation. We wish to set the record straight and use this as another opportunity to appeal to the public for any information."

"While we have not disclosed the details before now, I would like to make it clear that we have been looking into his previous offending as one of our lines of inquiry."

Mr [name withheld]'s offending dates back to the 1980s and 1990s, and police have no record of any offences or complaints made against him since he moved to Worcester in 2001.

He had five convictions for gross indecency and indecent assaults that occurred between 1984 and 1999 in Leicester and Birmingham. The offences were against teenage boys between the ages of 14 and 17.

Some victims were over 16 but the offences occurred before the age of consent for homosexuals was reduced to 16 years old in 2000.

DCI Williamson added: "We have looked at whether these could have been a motivation for someone to target Mr [name withheld], but to date we have no evidence of this."

"However, if anyone is aware of anything that suggests otherwise, then we would very much like to speak them. Any reports concerning sexual offences would be dealt with in a sensitive and confidential manner by specially trained officers."

"Whatever Mr [name withheld] did in his past, he died in a terrible way and his family have been left in limbo not knowing what happened to him. This includes his parents Les and Helen, who are in their 80s, still grieve for their son and deserve to know who killed him and why."

West Mercia Police can be contacted via the non-emergency police number 101 or information can be passed on anonymously through Crimestoppers on 0800 555 111.


NY - More than 3,500 NY sex offenders have online video-gaming accounts yanked

Original Article

Not all ex-sex offenders are using online gaming sites to "troll" for someone to molest, and is more reason why you should use an alias! So, are they also going to ban bullies and other people who do actually troll and harass kids and adults?

04/05/2012

By CARL CAMPANILE

UPDATE:

More than 3,500 convicted New York sex offenders had their online video-gaming accounts yanked to protect kids from predatory acts under an agreement announced today by Attorney General Eric Schneiderman.

Under the "operation game over" initiative, manufacturers who operate online video-gaming networks, like the one for "Call of Duty," have agreed to cross check their customer accounts with the New York state sex offender registry to remove predators trolling game sites. The companies participating include Microsoft, Apple, Sony, Warner Brothers, Disney, Blizzard Entertainment and Electronic Arts.

"We must ensure online video game systems do not become a digital playground for predators," Schneiderman said.
- Then why don't you add something into the controls to allow someone to report someone and block them instead of just following a long with the hysteria?

The attorney general praised the manufacturers for their cooperation. When he informed them there were sex offenders on their networks and asked the companies to remove them, they agreed to do so.

WARNING: Video contains adult language!

Video Link


Video Link


MI - MILESKI v. WASHINGTON

Original Article

Excerpt:
During a stormy August night in 2002, Battle Creek police officers approached a naked 17-year-old girl who was running down a residential street. She told them that Mileski, wielding a knife, had chased her out of his house. Mileski, who was 30 at the time, had picked up the girl that night. They shared a half-pint of vodka and engaged in vaginal and anal sex. When Mileski found out about her age, they began to argue. Eventually he threatened her with a knife and threw her out of his house. Mileski was convicted of criminal sexual conduct in Michigan state court, but his conviction was reversed because of an evidentiary error. On remand, Mileski pleaded no contest to the charge of assault with intent to do great bodily harm. See Mich. Comp. Laws § 750.84. Mileski stipulated that his plea was based in part on facts set forth in the police complaint, in which the girl stated that he had threatened her with a knife during sex. The presentence report recommended that Mileski register as a sex offender. Over Mileski's objection, the state trial court determined that his offense fell within the catch-all provision of the Michigan Sex Offender Registration Act, which required him to register as a sex offender for 25 years. See Mich. Comp. Laws § 28.722(e)(xi). (The Act has since been amended, and the current catch-all provision is § 28.722(s)(vi).) The Michigan Court of Appeals affirmed Mileski's sentence.

Tags:
leagle, LawSuit, michigan


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AR - D.C.T. v. STATE

Original Article

Excerpt:
The State filed a petition on February 22, 2008, alleging that appellant was a juvenile delinquent because he had committed the elements of the offense of rape, a Class Y felony. Appellant was adjudicated delinquent after a bench trial on August 22, 2009, and was committed to a sex-offender program through the Department of Youth Services. Appellant completed a sex-offender risk assessment on July 6, 2010, and on September 13, 2010, the State filed a motion requesting a sex-offender registration hearing pursuant to Ark. Code Ann. § 9-27-356 (Repl. 2009). Following hearings pertaining to that motion, the trial court entered an order on March 17, 2011, directing appellant to register as a sex offender. Appellant argues on appeal that the trial court erred in so doing. We affirm. In essence, appellant argues that the trial court lacked subject-matter jurisdiction to order him to register as a sex offender because a sex-offender registration order is permitted under Ark. Code Ann. § 9-27-356(b)(2) only if such registration is recommended by the person conducting the sex-offender risk assessment,1 and sex-offender registration was not recommended by the assessor in this case. Appellant concedes that he did not present this argument to the trial court and is raising it for the first time on appeal. However, he asserts that he may properly make the argument now because the trial court has no authority to act in excess of its authority, i.e., in a manner contrary to a correct interpretation of the statute, so that the question is one of subject-matter jurisdiction that can be raised for the first time on appeal. We do not agree.

Tags:
leagle, LawSuit, arkansas


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LA - Lawmakers seek to rewrite sex offender social networking ban

Original Article

04/05/2012

(AP) — A bid to rewrite a state law seeking to ban certain sex offenders from Facebook and other social networking sites on Wednesday started moving through the Louisiana Legislature.

The existing law was declared unconstitutional by a federal judge. A proposal backed by the House criminal justice committee without objection would more narrowly define what sites are banned, with hopes it could withstand a court challenge.

The bill, sought by Gov. Bobby Jindal and sponsored by Rep. Ledricka Thierry, D-Opelousas, heads to the full House for debate, over opposition from a convicted sex offender who said the measure would violate his constitutional free speech protections.

Thierry’s bill would ban certain sex offenders from websites whose primary purpose is “facilitating social interaction with other users of the website and which allows users to create web pages or profiles about themselves that are available to the public or other users.” The proposal spells out that news websites, e-mail pages and online shopping sites aren’t included in the ban.

The prohibition would apply to anyone convicted of a sex offense against a minor or of video voyeurism. Conviction of the crime of unlawful use or access of social media would carry a prison sentence of up to 10 years. A second conviction would mandate a prison sentence of at least five years and up to 20 years.

It’s only right that as a state we have a compelling interest to protect our children,” Thierry said.

A federal judge threw out a law passed last year that made it a crime for the same list of sex offenders to use networking websites, chat rooms and peer-to-peer networks. The Baton Rouge-based judge said the law was too broad and would effectively ban those sex offenders from the Internet.

The ACLU of Louisiana filed a lawsuit on behalf of two sex offenders identified as John Doe and James Doe. The organization said the terms used in the law barred the sex offenders from browsing any website that allows users to create profiles about themselves or that has chat rooms, instant messaging and e-mail — sweeping in everything from news websites to job search sites.

Convicted sex offender [name withheld], of Carencro, asked lawmakers Wednesday to reject this year’s bill, saying it would restrict him from communicating with his elected officials online, posting comments on news sites and exercising his First Amendment rights.

I don’t have a right to free speech if this is passed,” said [name withheld].

[name withheld] said he was convicted of a sex crime after he met an underage girl through a dating website in which she claimed to be 21 years old.

See Also:


OH - Family Vows To Challenge Sex Offender Ruling

Original Article & Video

04/04/2012

COLUMBUS - A family on Wednesday vowed to challenge a ruling that overturned the mandatory requirement that the person who raped their 6-year-old be branded a sex offender for life.

Tabitha McKee said that a 15-year-old relative raped her son.

The teenager was indicted as a “serious youthful offender,” and a juvenile court judge determined that he would benefit from rehabilitation and decided not to transfer him to adult court, 10TV’s Tanisha Mallett reported.

McKee said that she had hoped the 15-year-old would have been tried as an adult rather than as a juvenile.

The only reason why I kept my mouth shut and didn’t contest the ruling was because he was ordered to register as a sex offender for the rest of his life,” McKee said.
- So here is further proof that the registry IS punishment.

The teenager appealed the automatic classification as a Tier 3 sex offender, ultimately having his case heard before the Ohio Supreme Court.

The 15-year-old’s attorney argued that mandating a juvenile to register as a sex offender for life amounts to cruel and unusual punishment and violates a young offender’s due process rights, Mallett reported.

Jill Beeler, chief counsel for the 15-year-old, said that the ruling acknowledged that children should not be handled like adults.

So, this is a good outcome for him,” Beeler said. “He was retained in the juvenile court system. He’s been giving counseling and treatment, and that treatment can be very, very effective.”

During the Ohio Supreme Court hearings, it surfaced that the 15-year-old had a prior sexual offense in Utah before the rape in Ohio.

The Athens County Prosecutor said that there also were previous sexual assault allegations, Mallett reported.

They are saying that it is cruel and unusual punishment for them to register for the rest of their life, but my son is going to have to deal with this for the rest of his life, my whole family has to deal with it,” McKee said. “Why shouldn’t he?

McKee said that she planned to appeal the ruling.

According to the Ohio Attorney General’s Office, eight juveniles in the state who have received the punishment of lifetime sex offender registration.