Wednesday, September 5, 2012

AUSTRALIA - No conviction for teen sex - Judge says the ''legal and social'' consequences of the young man being branded a child sex offender were too great.

Original Article

09/05/2012

By Louis Andrews

A judge has declined to convict a teen for having consensual sex with a girl more than four years his junior, saying the ''legal and social'' consequences of the young man being branded a child sex offender were too great.

The 18-year-old, who cannot be named because he was just 17 when the pair had sex, escaped with a non-conviction order yesterday and a 12-month good-behaviour order.

''I am convinced that the legal and social consequences for [the offender] of recording a conviction against him in [this] case far outweigh the requirements of punishment, denunciation and deterrence, both personal and general,'' acting Justice John Nield said.

The ACT Supreme Court heard that if convicted, the teenager would be placed on the national child sexual offenders registry for seven years.

The young man pleaded guilty to having sexual intercourse with a 13-year-old girl in September last year, when they were in a consensual relationship.

She fell pregnant and doctors reported the matter to police, who arrested the father.

The victim subsequently had the pregnancy terminated.

The court this afternoon heard the boy broke off their relationship when he realised she was four years and one month younger than him.

But they resumed seeing each other after she sent him a message on Facebook to rekindle their relationship.

They were at a mutual friend's house in September when she told him she had a present to give him - ''going away sex'' - before he left for the United States on holidays.

There is a statutory defence available to a person accused of having sexual intercourse with a child younger than 16 if the age difference between the pair is no more than two years. But in this case, the four years and one month gap fell outside that window.

At a sentencing proceeding in the Supreme Court earlier this year, counsel for the defendant urged Justice Nield to hand down a non-conviction order.

They argued he would otherwise be placed on the register.

But the Crown opposed the move, arguing it was a serious crime.

The judge noted the youth had an unblemished character, the girl initiated the sexual contact, the intercourse was consensual and only one sexual act occurred after he became aware of her true age.

He also accepted the offence was a serious one, the young man failed to use a condom and that the absence of a victim impact statement did not mean the girl had not suffered.

But Justice Nield pointed out the defendant did not prey on the girl, exploit any advantage or force himself on her.


Alyssa Dawson looking for participants for her master's thesis

The following was posted to Facebook and is also being posted here.

Hello,

I am recruiting participants for my master’s thesis. If you know someone who is a partner or ex-partner of a sex offender and have a child under 18 with that offender, please share this opportunity to tell their story with them. For details of this project, as well as associated risks and benefits, I can be contacted at adawson@rams.colostate.edu.

Thank you.
Alyssa Dawson


AZ - No jail time, or sex offender registry for cop (Robb Gary Evans) in sex abuse case

Robb Gary Evans
Original Article

09/05/2012

By ERIC BETZ

Following a conviction on sexual abuse charges earlier this summer, DPS Officer Robb Gary Evans walked out of a Coconino County Superior Courtroom this morning having been sentenced to two years of probation.

Evans received credit for the four days of jail time he served in Coconino County jail after he was caught putting his hand up a stranger’s skirt and running it across her genitals at the Green Room last summer.

The 43-year-old Evans was facing between six months and 2 1/2 years in prison, but the crime was probation eligible. He will also not be required to register as a sex offender. The judge said she considered the defendant’s lack of a criminal record and strong community support in her sentencing.
- But if you or I did this, our criminal record and community support would not be considered!

DPS fired Evans shortly after his criminal conviction.

The judge sentencing Evans, Coconino County Superior Court Judge Jacqueline Hatch, said no one would be happy with the sentence she gave, and said she hoped both the defendant and the victim would take lessons away from the case.

Bad things can happen in bars, Hatch told the victim.

If you wouldn’t have been there that night none of this would have happened to you,” Hatch said.

A jury convicted Evans of sexual abuse, a class 5 felony, on July 2.

When asked for comment, Coconino County Attorney David Rozema said that the victim’s character and commitment in this case were a key part of the prosecution and subsequent conviction by the jury.

Victims need to feel safe to report and assist prosecution,” Rozema said. “They bear no responsibility for the actions of those who commit sex crimes against them. Offenders alone must be held accountable."

Before the sentencing, character witnesses for the defendant questioned the jury’s guilty verdict.

Prosecutors harshly criticized that testimony, which was given in person and by letter, as trying to cast Evans as the victim of some conspiracy by detectives, prosecutors and the victim herself.

Deputy Coconino County Attorney Jonathan Mosher said that he was not asking for any greater punishment for Evans because he was a cop, but simply that he not be granted any less of a punishment either.

I don’t agree with the way this case got to be here,” former Flagstaff Police Lieutenant Randy Weems told the judge.

Weems was recently a candidate for Flagstaff chief of police.

This is the second time in 25 years that I feel the system didn’t work,” he later added.

Hatch told the victim and the defendant that no one would be happy with the sentence she gave, but that finding an appropriate sentence was her duty.

I hope you look at what you’ve been through and try to take something positive out of it,” Hatch said to the victim in court. “You learned a lesson about friendship and you learned a lesson about vulnerability.”

Hatch said that the victim was not to blame in the case, but that all women must be vigilant against becoming victims.


TX - Accuser confronts fired cop (Abraham Joseph) in courtroom: 'He ruined my life'

Abraham Joseph
Original Article

09/05/2012

By Kevin Reece

HOUSTON - The woman who said she was raped by a former Houston police officer took the stand Wednesday. She broke down in tears as she told jurors that Abraham Joseph raped her while she was handcuffed.

Abraham Joseph, 27, was fired from HPD after he was indicted for sexual assault.

The waitress and immigrant from El Salvador said Joseph arrested her and a male companion in January of last year. He dropped off the man by the side of a road and drove her to a dark corner of Townwood Park. She said she was repeatedly sexually assaulted by Joseph.

He "grabbed my skirt and put his hands under my dress," the 37-year-old woman testified.

She told jurors that she was terrified.

"I thought I would never see my children again, that they wouldn’t know what happened to me," she said. "I thought he was going to kill me. He looked angry. The more you would beg him the more he would hurt me."

Earlier during the woman’s testimony, Judge Denise Collins had to temporarily halt the proceedings so the woman could compose herself.

She sobbed as she turned toward ex-officer Abraham Joseph and said "and that’s when he started touching my breasts, do you remember? Do you remember when you did that to me," she said pointing toward Abraham Joseph. "He ruined my life," she said as she collapsed sobbing.

Prosecutors say Joseph used his position as a police officer to target the victim because she spoke little English and was afraid her immigration status would be threatened if she reported the assault.

But she did call police. She led officers back to the park several hours later where prosecutors say physical evidence of the assault was recovered.

Defense attorneys say Joseph is guilty of bad judgment, but that whatever happened in that park back in 2011 was consensual.

If convicted, Joseph could get up to life in prison.


FL - Former deputy (Kenneth Barton) pleads guilty to child porn charges

Original Article

And yet another officer from Florida busted for sex crimes!

09/05/2012

CHARLOTTE COUNTY - A former Charlotte County sheriff's sergeant pled guilty to a charge of child pornography. Now, it'll be up to a federal judge whether his law enforcement career gets him a break.

Kenneth Barton admitted Wednesday that he lived a double life.

The former sergeant had resigned in 2007 from the Charlotte County Sheriff's Office amid a series of allegations he'd molested a young girl and had an inappropriate relationship with a teenager.

But until June, no one knew what he had stashed in his bedroom closet. Wednesday, he admitted it was two computers with child pornography on them.

"He's sorry to everybody involved in it. He's sorry to the folks who have supported him for so long in law enforcement and his many friends," said Barton's attorney, Tom Marryott.

He says his client pleaded guilty in order to move on.

"He feels like he's been a disappointment to them," said Marryott.

Government investigators say they found more than 100 sexually explicit videos - some involving children as young as three.

But the plea deal is based on only a handful of videos.

"There may be truth to it, we don't know. And in the discovery, it's not apparent. The issue will be twelve videos," Marryott said.

Barton admitted to the judge he knowingly downloaded computer files that contained minors in sexual activities.

He'll get credit for cooperating with the government - but a federal judge will decide what to make of his former career at sentencing

"It's a two-edged sword because of his background. There may be an argument that he knew better and should not have been involved, or he may be given credit for 25 years in loyal service to law enforcement," Marryott said.

Barton faces a maximum 10 years in prison and a $250,000 in fines.

The 62-year-old will be registered as a sex offender.

See Also:


AK - Alaska city pays $5.5 million to settle sex-assault cases by officer Anthony Rollins

Original Article

09/05/2012

ANCHORAGE - Anchorage has paid more than $5.5 million to settle civil lawsuits filed by victims of a former police officer convicted of raping women while on duty, city officials said.

The municipality agreed to pay 11 women who said they were victims of former police officer Anthony Rollins and accused officials of failing to properly supervise him, according to a statement released by the city late on Tuesday.

Rollins, once a decorated officer and spokesman for the police department in Alaska's largest city, was convicted last year of committing four rapes and one second-degree sexual assault in 2008 and 2009, and sentenced to 87 years in prison.

Some of his victims were women he had arrested for offenses such as drunk driving, while others were women who accepted rides from Rollins in his police vehicle, according to trial testimony and court records.

Among the 11 civil lawsuits filed against Anchorage, some involved women who were not part of the criminal case against Rollins and brought new allegations, said Anchorage Municipal Attorney Dennis Wheeler.


IN - Appeals Court Weighs Request for Removal From Sex Offender Registry

Original Article

09/05/2012

By Eric Berman

The Indiana Court of Appeals will decide whether a Hamilton County man can take his name off Indiana's sex-offender registry.

[name withheld] was convicted of rape and abuse of a child in Massachusetts -- 28 years ago, long before either Massachusetts or Indiana had a sex-offender registry. 13 years after he moved to Indiana, authorities told him he had to register. The state conceded in court, apparently for the first time, that the Indiana law doesn't apply. But deputy attorney general Frances Barrow argues a federal law passed in 2009 requires him to check in anyway.

Attorney Cara Wieneke contends even if the federal law applies, federal authorities would have to enforce it, and wouldn't have any grounds to do so unless [name withheld] moved to a new address.

[name withheld] unsuccessfully asked a Hamilton County judge to remove him from the registry last year after learning of a 2009 Indiana Supreme Court ruling that the law can't be applied retroactively. Wieneke says [name withheld]' status as a registered sex offender limits his ability to travel and prevents him from holding certain jobs.

The three-judge appeals panel traveled to I-U-P-U-I to hear the case before an audience of law students. There's no indication of when the court will rule.


We all "belong" to the government?


Nice little sheep!

If you belong to the government, then you are their slave!

We do not "belong" to the government, the government belongs to us!

Original DNC Video:

Video Link

The Sheeple Speak:

Video Link

Belonging to the government is COMMUNISM! And this is shocking, since we all know what slavery is and what Nazism is all about. If the majority believe this, we are doomed!


Learn to Manage Your Critics to Get Valuable Insight WIthout the Vitriol

Original Article

09/05/2012

By Alan Henry

Criticism is an important part of our lives, but all too often it comes in a form that's light on feedback and heavy on snark and sarcasm. That doesn't make it less valuable however: you just have to learn how to manage your critics to get the most useful information out of them.

The folks at 99U have a great guide to managing your critics, especially if you perform, write, or do any work in a grou or in public. One thing that stood out to us specifically was the concept of letting your critics work out their criticisms among themselves before trying to dive in yourself and ask questions or sort out what nugget of truth may be hidden in their feedback. Often it's better to let the matter settle for a day or so before approaching the coworker, friend, or commenter with your thoughts on the issue.

We've discussed how to take criticism before, and even how to give it without coming off like a jerk, but the idea of letting your critics sort out what's valid and what isn't is a good one, especially if your coworkers are eager to offer feedback or your audience can always be counted on for an alternative viewpoint. Remember, even if it's difficult to take, criticism can—and should—help you learn to be better at what you do.

See Also:


NM - Locals remain concerned over reform sex offender conference

Original Article

09/04/2012

By Jill Galus

People have expressed concerns about Albuquerque hosting a national conference on sex offender laws this week.

After the announcement Monday, Albuquerque police said they would hold a special meeting Tuesday to answer questions about safety and security surrounding the conference.

The handful of people who showed up to the meeting said they left feeling even more disappointed and confused than before.

"I'm here to lead, with excellence and love," said Albuquerque Police Department Foothills Commander Kevin Rowe as he took center stage at Eldorado High School. "Not a great number of people here today but I believe the enthusiasm and the convictions in the hearts of the people here today are significant enough and we can start the change."

But concerned residents did not come to hear about change. They wanted answers about what is being done to address security issues this week, as registered sex offenders attend "The Reform Sex Offender Law Conference."

Eric Schultz waited patiently to ask a question but could not get a word in, and was told instead, "it is time now for us to imagine how we can make our world better."

"I came for answers and questions," Schultz said. "This is a PR stunt-this is not an informative meeting."

Rowe said his goal was to let the public know officers will continue to serve and protect the way they do every day.

"Albuquerque has not become less safer because we're having this conference," Rowe said. "We'll be ready to respond if needed. In terms of every aspect of our plan, I wouldn't hand that out because it may compromise the actual operation itself, so there was limited information to be given but the reassurance was what I wanted to accomplish today."

But citizens who attended the meeting said they did not feel reassured.

"If it was a town hall meeting, you know, have our questions answered and feel a little more comfortable about, you know, how we're feeling and what we're feeling... and that didn't happen," said Stacy Sandoval, another concerned resident. "This did not put my mind at ease at all; there were no answers."

At one point during the meeting, Rowe whipped out his guitar and started singing a song he said he wrote about making the world a better place. The intention was uplifting, but those who attended said overall, they felt silenced and ignored.

"It was a waste of time," Schultz said. "I mean, I'm sorry, but APD's not getting it this time."