Hot on HuffPost Parents:
Zoe Armstrong: Five Ways to Fake a Break and Avoid Parenting Burnout
Lianne Castelino and Andrea Howick: How Do You Deal With Nightmare…
How Your Son Could End Up on the Sex Offender List
Filed under: Opinions
Let's say your son turns 18. He gets a job at the local carnival, running the ride where the kids lie face down and spin around till they shriek with delight (or puke). Before each ride he has to buckle the kids in so they don't fly out. But then -- tragedy strikes.
Oh, don't worry. Nobody goes flying. They're buckled just fine. But one girl does tell her mother, "He touched my bottom!"
The mom alerts the police.
The police come over and ask, "Is that true?" Your son replies, "Maybe. I have to lock the bar around their waists and between their legs. They squirm. It could have happened."
The next day the police take him in for questioning. They ask him the same thing, this time with the videotape running. He gives them the same answer.
It is considered his confession. He is convicted of "Indecent Assault and Battery on a Child." He goes to jail for nine months. He is put on the Sex Offender Registry -- for life.
Meantime, a few years later, your younger son is now 18. He's at the urinal in the school bathroom during a weekend service project. A girl too young to read bursts in and he yells, "Out out out! Get out!" She starts crying and leaves. Her mom is concerned. The police are called. Was he in the men's room with a girl?
Well, yes. Since everyone agrees the girl was not touched, he is convicted of "Visual Sexual Aggression Against a Child" -- the crime of having a child see his genitals. He does six months in jail. He's placed on the Sex Offender Registry for the next 10 years.
Let us remember this when we look up our local sex offender maps and see two convicts: One who ostensibly exposes himself to children and one who ostensibly assaults them.
We consult those maps because, as parents, we are hardwired to worry about our children. We worry about them getting hurt by strangers. But few of us worry about them getting hurt by strange laws that can put a young man behind bars for touching a child, even accidentally, on the bottom, in public, with everyone's clothes on. Or for having a child, even accidentally, glimpse his private parts.
I spoke to the actual mom of these two young men. She's a fishing net-maker in Maine and she put it pretty succinctly: "We're all just one accusation away from the sex offender registry."
Related: Is It Wrong to Make Your Kid Hug a Relative?











ReaderComments (Page 1 of 4)
5-11-2010 @ 11:19AM
LESLI said...I started to consult those lists once, but then I realized that for the most part the people who were on those lists were in a sense "the good guys" who were following the rules. No, that doesn't mean that they were all as innocent as the young men were, because I am sorry there should be some common sense used in those rulings. The world is not black and white like we would like to believe. There are so many other true offenders who move and don't tell the authorities. So to rely on those lists is just plain stupidity in the first place. How many times has a child been harmed at the hands of someone who wasn't "supposed" to be in the area? Seriously, the only thing a parent can do is to remain vigilant no matter where you are.
Reply
5-11-2010 @ 2:36PM
BrooklynShoeBabe said...I looked at one of those sex registry lists and most of those in my neighborhood where of the he was 18 having consensual sex with a 16 year-old.
5-11-2010 @ 12:50PM
hallchc said...Oh, Maine. There was also a lawsuit in Maine a while back where some parents sued a lemonade company for serving their children alcohol. There was like .05 percent alcohol in the brand's lemonade. For the record, 7Up and Sprite have the same amount of alcohol per volume, they just don't put it on the label because it's so minute. So yeah.
Reply
5-11-2010 @ 2:03PM
Kelly said...A nearby county made all the registered sex offenders come spend a few hours being detained on Halloween, to prevent them from having contact with trick or treating kids.
These people need to be able to live and work and be productive members of our society. They will just become better criminals if they are continually persecuted for their mistakes.
Reply
5-20-2010 @ 6:59PM
Dianne said...Are you serious? What is wrong with you? How can you say that they should be allowed to be productive members in our community? I don't want them in my community. I want someone who is a decent person that is not charged with such horrific crime working around our children. Allowed in public wow really? They should be behind bars. They committed a serious crime. What about the poor children that their lives are ruined? They have to live with that for the rest of their lives so in my opinion, those monsters should be reminded everyday of what a horrible thing they did, not rewarded to work in our community.
8-18-2010 @ 9:47PM
Queenester Garner said...Thanks Kelly for at least saying something that makes since.
9-09-2011 @ 3:38AM
Stephan said......You're an idiot. First off, you're talking sex offenders, and not sexual predators. If you don't know the difference between the two, educate yourself. Second off, it's the reactions of people like you that have turned Sex Crimes into a god damned witch hunt. Spouses accuse their ex's of 'Sex Crimes' during a divorce in order to secure child custody, larger settlements, and sometimes just for the purpose of being vindictive. But because of the reaction any type of sex crime accusation has to the public, it means that an accusation can be damning without needing any actual evidence. It means lawyers take things to trial, because if they can throw enough accusations at someone, then 'something' will stick.
Just to let you know, Sex Crimes have the second lowest recidivism rate of all crimes, next to murder. Not that we can make much of these statistics, because given the temperament of the public and the way our system works, most of the people on these registries are likely innocent. I had a lawyer quote me 85% being innocent once. Reason is, most people being accused are pressured into pleading to 'something' under the sex offender title, because the chances of going to court on anything having to do with a Sex Crime is a huge risk. Doesn't matter if there's any evidence, it only takes a jury of people like you to get spooked. It happens a lot.
So, let's say the person is convicted by a spooked jury with little to no evidence? Well, they can appeal right? Sure, and there are a good number of over turns for that reason. However, once you're on the sex offender list, overturns don't matter. Once a sex offender, always a sex offender. Notice that I haven't even gotten to Sexual Predator yet. Did you know that selling a porn mag, or even giving one, to a minor, can land your ass on the sex offender list?
The system has become so bloated with insane laws, the public so scared into panic, and the topic become so political, that accusations are as good as convictions. And with a system that screwed up, how the hell is the public going to actually tell when an individual poses a real and serious threat to the community? You put enough names on the list, and pretty soon the list is meaningless, unless you're stupid enough to equate convictions of sex crimes to actually commission of crimes. Anyone who would, has obviously never seen the U.S. Justice system in action.
5-11-2010 @ 3:16PM
tiggeronmv said...Thanks for this thoughtful article. Yes there are some who are on the sex offender registry who may re-offend with another sexual offense. the number is generally under about 6% of them and certainly under 10% of them. However like you said, most on the list, are those who are complying with the laws which mean they and their families are the ones suffering the additional punishment and shame that gets added with each additional new law while those who don't keep up their registry information are the ones most likely to re-offend. Like gun control laws, take the guns away from those who comply and then only the criminals will have guns. (As a Vietnam veteran, I personally no longer own a gun, but I thank that the comparison is valid.)
Reply
5-11-2010 @ 3:53PM
TEMM said...Finally! Thank you for this article!!
People find out that someone is a sex offender and scream RAPIST at the top of their lungs, knowing nothing about the actual circumstances. Don't get me wrong, there are plenty of very twisted and abusive people out there who have done horrible and unspeakable things to others. You really have to read up on the individual cases. Though these lists are great as far as a place to look up the possibly dangerous people in a given area - many on the list did not commit any violent crime and the real dangerous people are not on the list - either because they do not report as required or because they have not been caught for or convicted of a crime yet.
I've known or do know some people who were charged with / convicted of 'sex crimes'...
1. Turned 18 while his girlfriend of 3 years (now his wife) had not ... Convicted of Statutory Rape. Probation and a picture online.
2. Got drunk with a girl who went home with him and neither fully recalled what happened (stated in both their statements) but the were stains in her clothing (and DNA). He could not afford an attorney ... convicted of 2nd degree sexual assault. Prison and a picture online.
3. His live-in girlfriend bit a chunk out of his neck (while they were engaged in 'acts') and told him she found out he cheated . (not sure if he did) He immediately went to the hospital for treatment (and left her there at their home). Told the people at the hospital he would not press charges. Went home to her moving out. Last I heard he was charged with 10 or 12 crimes including Rape for the incident mentioned.
4. Was at the bar with his roommate and friends. One of the friends (a female) stated to all that she intended on staying the night with him. They engaged in oral acts and she had no objection when he penetrated her, but when he moved and it hurt - she hollered, decided she didn't want to and left. (All this is in statements including hers.) ... convicted of 4th degree Sexual . Probation and a picture online.
It is possible that one of these examples actually involved criminal behavior. But I am certain that two of them, at least, were not. It is also possible that I know someone who has committed a true sex crime & I am unaware.
One of these men committed suicide due to the perception that he was a Rapist. The letter he wrote said it all. Too sad.
One of these men I have known very well for nearly two decades and fear the day some person tells one of my children that their dad is a Rapist or comes to our home because his name is on a list. He is quite meek and would just cry about it later - but I, on the other hand, am a very open to dealing with confrontation.
Reply
5-11-2010 @ 3:32PM
Gehasst Mann said...I found this webpage in a Google alert for the term "sex offender.
I must say, your words filled my heart with tentative joy.
I am a registered (former) sex offender and life continues to get more depressing. My wife of 30 years and I had hoped to travel when we retired. Because of greedy people who set me up for a terrible fall hoping to reap great monetary reward from my plea, we've had to work a few years longer than anticipated, and will have to seriously curtail the scope of our travels, and now, long ex post facto, the US government wants to make it all but impossible for us to leave the country using the International Megan's Law.
Hey, I didn't kill Megan. Why am I being continually punished as if I was a murderer in waiting? And why is my wife similarly punished?
Do you parents REALLY want all sex offenders to be prohibited from leaving?? BTW, foreign sex offenders can travel here freely.
Link to this law:
h t t p : / / w w w .govtrack.us/congress/billtext.xpd?bill=h111-5138
Reply
5-11-2010 @ 4:58PM
Silver Fang said...How can a man who was PEEING IN THE BATHROOM be charged with and convicted of Visual Sexual Aggression Against a Child when the girl came into the mens room. And the other one charged with molestation because he might have accidentally brushed the girl's pubic area while strapping her into the rollercoaster?
Did either of these guys get a trial or a competent lawyer, or did they do the stupid thing and plea bargain?
Reply
5-11-2010 @ 5:06PM
Heidi said...And I'd be willing to bet that there are a million more stories just like those. it's unfortunate that people who don't really belong on any such sex offender lists clutter them up so you miss the REAL sexual predators.
5-11-2010 @ 5:37PM
Lmom said...Silver Fang, I am the mother of the young men in this article.
Young man #1 was scared into a plea - Public Defender, and the prosecutor had in the meantime stirred up a real ruckus. He had gone to the local paper and several other children were questioned by their parents until they "admitted" that he might have touched them (on the buttocks through the clothing) as well. The prosecutor referred to the chat with the police as a confession, and stated he had 3 or 4 other children to whom the same thing had happened. Frightened that he could wind up in jail for decades (quite possible), he plead guilty to sexual assault of a minor.
Young man #2 has a speech problem. In talking to the police, he had a long pause in which he was trying to figure out how to express himself. Even he admits that it sounded like he was lying. Public Defender again. This one went to trial, but the tape was presented in evidence (should never have happened, he was not Mirandized) and without evidence (Public Defender, right?) that he has a speech problem, the verdict was almost a foregone conclusion. Guilty of Visual Sexual Aggression.
It happens. And, believe it or not, it could happen to you. Do you have a couple of tens of thousand dollars for defense? And even if you do, the assumption is in the system now that he would not have been accused if it had not happened, and certainly would not have been arrested if he was not guilty.
Many are on the registry who do not belong there. Indeed, the professionals who deal with sex offenders every day admit that the public nature of the registry does more harm than good.
There are only 2 possibilities. One is that the person is not a danger to commit another sex crime. In that case, you persecute someone unjustly. The second possibility is that the person IS at risk for repeat sex crimes - and then, you are destabilizing them by reducing the likelihood of stable employment and stable housing, which all experts agree makes it more likely that the offender in question will reoffend. Do we really want that?
Think about all this the next time someone points out that there is a sex offender in your neighborhood. Don't just assume he did it. And even if he did, the likelihood of a repeat crime is low - and lower if he is not continually reminded and persecuted for it.
5-11-2010 @ 6:32PM
heywood said...Cases like that are becoming common they just don't sell like "child murder" or child rape cases do so they get no press.
Both the Politicians and the Media have a "blackout" of sorts not wanting to kill their "golden goose" of ratings and votes.
The Internet is a wonderful tool the bloggers here are not deceiving you do your own research and see for yourself.
5-12-2010 @ 6:27PM
JW Morrison said...Most people arrested for a sex offense do not realize just how much potential crap they just landed in. Many will answer questions because they don't think the did anything wrong. Many, being told that they will get convicted and spend 20 to 40 years in prison unless they cop to a plea, do. And many simply cannot afford an attorney and trust they are getting someone who knows what they are doing only to find out they will be encouraged to take a plea even if they are innocent.
Never, ever talk to a police officer when being questioned about a crime, even if they tell you that you are not a suspect. Unless you want to spend time in prison and/or on the sex offender registry, do not give them the time of day.
5-14-2010 @ 12:47AM
suetiggers said...For someone on here who says its "stupid" to take a plea in these kinds of cases, you have NO IDEA !! My mentally ill son was falsely accused years ago of sexually abusing an 8 yr. old girl in Baltimore. He had no idea why she would say what she did...and we had an awful time finding out even what she did say...the prosecutor wouldn't give any useful information. The girl was automatically believed. Even as my son's mother and knowing he'd never had anything on his record and he was 35 yrs. old, I couldn't understand why this girl would do this.
Well, years later, she recanted ,even gave a very strong deposition to my son's lawyer, said it felt really good to finally tell the truth and to an ex homicide commander of a Maryland police dept. (after she failed two voice detection tests).
This girl came from the most dysfunctional home imaginable...her mother and older sister (who my naive son was in love with) were both drug addicts and prostitutes...my son wanted to get the sister off drugs and marry her. There were three uncles living in the home who were dangerous, one was in prison for murder, one was convicted of raping a blind person and the other for armed robbery. This girl later said two women, her grandmother and a neighborhood watch person both gave her "the idea". They thought my son was "wierd" because of his appearance (bad teeth and skin) and he was overly friendly...he liked people, thought the best of everyone and of course, his ulterior motive with this family was his wanting to marry this older sister, who by the way was the only person in this child's life who she cared about.
Ken is still on the registry, after many lawyers and much money later... He took an Alford plea out of pure terror...and I agreed. His lawyer did very little...which I found out is pretty typical (I knew nothing about lawyers then...I sure have learned) anyway, when I asked his lawyer if it didn't matter if someone was innocent. The answer ...? he shrugged. The Baltimore City paper covered the story objectively. All the rest of the Maryland media did the usual ...running horrible pictures of Ken and pretty much making him out a monster. He spent almost 3 years in isolation in prison because of being a few days late in registering a change of address. HIs life has been ruined by this and our family is devastated. For anyone who cares, read : Baltimore City Paper
citypaper.com/news/story.asp?id=14922
5-14-2010 @ 7:25PM
fozzy said...Silver Fang - They talked to the cops, it's as simple as that. Whenever a cop wants to ask you some questions, insist on your fifth amendment rights and get a lawyer. It doesn't matter if you're innocent and hiring a lawyer means you have to work overtime for 3 months, it is worth it. The justice system is looking for convictions not justice. Sometimes the cops and prosecutors might not even want to bring charges against you, but because of the machine-like bureaucratic rules they have no choice if you said something that might be a technical violation of the law, especially the sex offences laws that legislators went nuts with the last 30 or so years.
When your kids turn 18 drill these rules into them. 1. Shut up. 2. Demand a lawyer.
5-14-2010 @ 8:25AM
Akhi99 said...First, they want you to plead out in most cases so that you will have no right to appeal later. You cannot appeal a plea deal!
Second, you could have the best attorney on the planet and they could sell you out in a heart beat (you might meet that prosecutor once in your lifem but your attorney has to deal with them every day, so they will take your money and then cut a deal that is NOT in your interest).
5-11-2010 @ 6:05PM
kilroy said...What is this? A comments list where everyone isnt acting insane. You posters here must be the most intelligent people in this country. I am a person who is also a RSO on a registry and I would like to say thank you to all who have posted here and have had the decency to look at this with common sense and compassion. There would be fewer problems in this world if more people were like you all here. Thank You
Reply
5-11-2010 @ 7:51PM
Midwest Dad said...With the addition of law such as the AWA and the International Megan's law, the public registry is becoming a danger to the constitution. These laws also hinder law abiding former offenders in many ways. These law abiding registered offenders, many of whom have been crime free (free of any crime) for 10 to 30 years, are being harassed daily by laws that were set up to protect children from the most dangerous offenders.
At this time there are over 750,000 people on the registry. A number that is growing by 8% per year. Each time a new law is added this percentage takes a leap.
A this time many states do not have a way for law abiding offenders to request to be removed from the registry. We feel that after 10 years of being crime free this should be automatic for all but the most serious crimes. After all, is that not what we are wanting? For these people to be CRIME FREE? And yet when they are crime free for 10 years or more, they receive more punishment and more restrictions. This is not the American way.
I encourage every person who has commented here to join SOSEN.org. We are a group of concerned citizens made up of, family members of former offenders, former offenders, people in law enforcement and metal health fields. At SOSEN we feel it is urgent for all American's to band together and speak out against the out of control registry before this registry is turned on all citizens of this country.
Please join us at SOSEN.org together we can find ways to protect children and at the same time help law abiding former offenders reintegrate into society.
R. English, Chief Operations Officer, SOSEN.Inc
Reply