Tougher law for sex offenders under fire
Tougher law for sex offenders under fire
Human rights groups challenge restrictions
By JILL YOUNG MILLER
The Atlanta Journal-Constitution
Published on: 06/20/06
A class action lawsuit on behalf of Georgia's more than 10,000 registered sex offenders is expected to be filed today in U.S. District Court.
The lawsuit challenges sweeping sex offender legislation the state's General Assembly approved this spring and that is set to take effect July 1.
Because of new restrictions that it would impose on where sex offenders can live, work and loiter, the law's "result will be catastrophic," according to a copy of the lawsuit The Atlanta Journal-Constitution obtained Monday.
"Thousands of people on Georgia's sex offender registry will be forced to evacuate their homes, leave their jobs, cease attending church services, and be required, by legislative fiat, to abandon court-mandated treatment programs," the lawsuit says.
The Southern Center for Human Rights and the American Civil Liberties Union of Georgia are bringing the lawsuit on behalf of everyone on the Georgia Bureau of Investigation's sex offender registry. As of Monday, 10,755 registered sex offenders were living in Georgia, with 1,932 of them incarcerated, according to the GBI.
On Monday, House Majority Leader Jerry Keen (R-St. Simons Island) said he remained proud of the sex offender legislation, which he sponsored. "I am confident that it will stand the scrutiny of judicial review at the highest level," he said.
"We knew when we drafted this law that we were casting the net fairly wide. But we put the safety of children in this state above the inconvenience of convicted sex offenders."
The lawsuit will be filed this morning in U.S. District Court for the Northern District of Georgia, in Rome, said Sarah Geraghty, a lawyer at the Southern Center for Human Rights, a nonprofit law firm in Atlanta that represents prisoners.
It specifically asks the court to halt enforcement of provisions that would ban registered sex offenders from living within 1,000 feet of school bus stops across Georgia. The new law "essentially banishes everyone on the registry from the state of Georgia," Geraghty said in an interview Monday. "There are literally hundreds of thousands of school bus stops in Georgia."
The suit also seeks an injunction on banning sex offenders from living or loitering within 1,000 feet of a place of religious worship, saying the legislation "impermissibly bars people on the registry from living at faith-based halfway houses and chills religious participation in violation of federal constitutional and statutory law."
Any sex offender who knowingly violates the law's restrictions faces at least 10 years in prison.
The named defendants are Gov. Sonny Perdue, Attorney General Thurbert Baker and law enforcement officials in Polk County, where two of the named plaintiffs live.
The defendants had not yet seen the lawsuit Monday. But Heather Hedrick, a spokeswoman for Perdue, said in a written statement: "While the ACLU is concerned with the inconvenience to sex offenders of having to move away from schools and playgrounds, the rest of the state of Georgia is more concerned about protecting kids from sexual predators. Georgia will vigorously defend our efforts to keep dangerous criminals away from Georgia's children."
The named plaintiffs include eight people on the registry who "live law-abiding lives as productive members of the community," according to the lawsuit. One is Lori Sue Collins, 44, who until recently lived in Rockdale County at a faith-based halfway house for people recently released from prison, according to the lawsuit. In 2002, she was convicted of statutory rape for having consensual sex with a 15-year-old boy, the lawsuit says. Collins served three years in prison.
This June, she got a letter from the Rockdale County Sheriff's Office telling her she'd have to leave the halfway house because a school bus stop is within 1,000 feet of it. She searched Rockdale, Hall, Barrow, Newton and Henry counties for a place to live that would conform to the new law's requirements, but she came up empty, according to the lawsuit.
Last week, Collins found a temporary home at a residential ministry in Polk County. Her probation officer told her it's not within 1,000 feet of a school bus stop. He told her, however, that that may change when school bus routes are assigned for the coming school year.
"It's actually pretty scary," Collins said Monday.
The lawsuit points out that the bill applies to everyone on the sex offender registry without exception. Joseph Linaweaver, 22, of Columbia County, was 16 when he had a consensual act of oral sex with his 14-year-old girlfriend. Now he's preparing to leave his family and move to Wisconsin rather than face being homeless and jobless in Georgia, according to the lawsuit.
A measure similar to Georgia's went into effect last year in Iowa, and now some of its loudest critics are prosecutors and police. They say the Iowa law barring sex offenders from living within 2,000 feet of a school or child care center has driven offenders from cities and caused many to become homeless, cluster in motels or vanish from authorities' sight. Iowa prosecutors are calling for a repeal.
The Iowa law was challenged in court and upheld by the Iowa Supreme Court and the 8th U.S. Circuit Court of Appeals.
Already under current Georgia law, registered sex offenders can't live within 1,000 feet of child care centers, schools and places where children congregate. The new law goes much further, with employment and loitering restrictions and a broader definition of areas where children congregate, including school bus stops.
Said Keen: "This is a one-time inconvenience. We believe it's worth that to make sure that this law works as it was designed. And I don't apologize for that."
17 Comments:
I find these laws so far off the mark it's sickening. To continualy punish a former offender because society deems them the worst of the worst is not justice but hateful. People deserve the right to change and live there lives free of persacution after there criminal sentance is over no matter how we see them for there crime. The old laws are clear, if you committ a crime you go to jail do it again and it's a longer sentance one more time and your committed for life ( 3 strike rule ) and face it the new laws don't work children are still being asaulted, check the registry it's growing, some of these laws are now being considered for repeal do to the fact they don't work. I feel sorry for the families of former offenders that haver to live with this scarlet lettering.
Jill,
Thank you for taking the time to reply. Like you, I am educated, accomplished, and own my own business. I moved to Atlanta in 1998, shortly after receiving my Master’s degree from the University of Florida and have been here ever since. I pay my taxes (lots of them too), own a home and am a productive, law-abiding citizen. I get along very well with my neighbors and friends and am very active in the community. With all of this being said, you might say that we likely have quite a bit in common and would appear to be peers in every sense of the word, with one exception…I am a registered sex offender.
Roughly 3 years ago, I visited a friend of mine in Pennsylvania who co-owned a modeling website. He asked me if I would be interested in filming a model on his behalf. Naturally, being a 100% red-blooded male, I said “sure thing.” Well, during the course of our modeling shoot, the model chose to get a bit frisky and began to lick a popsicle. Now, this “licking” was captured on camera from the head up and fully clothed. No big deal, one might think. Well, it was a big deal. The model, as it turns out, was 17 years old and someone had made an anonymous phone call to the police to check on her welfare. To make a long story short, the photos were deemed to be “suggestive” in nature and the district attorney felt that they were simulations of oral sex. That was, believe it or not, the factual basis of the charge. Nothing above is exaggerated.
Now, the interesting part was that the DA was willing to give me a plea bargain in order to avoid a trial, which I could not stomach even though I knew I was not guilty of “violating” a child. The plea resulted in my registration as a sex offender. Not knowing what “registration” meant, I agreed to the plea since I would be able to go home and put the entire event behind me.
Once home in GA, I began to carry on with my work/life. What I did not know, however, was that “registration” as a sex offender would soon result in unimaginable shame and humiliation as well extraordinary restrictions on my ability to live. One morning, much to my surprise, I found my photo and address on the GBI website, broadcasting to the universe my status as a “dangerous and violent sexual criminal.” This is a grotesque categorization and in no way reflects my prior or future actions, yet that is how I am portrayed to the world now.
When I first found myself on “Schindler’s List” I began to receive harassing and threatening messages from resident’s in my condo complex. Additionally, my name and face were plastered on the common area mailboxes so that everyone could get a good look at the “monster” in the neighborhood. Needless to say, this resulted in a depression that you can likely never imagine. Fortunately, I was able to hold my head high and fight for honor. I had never harmed a child and I was determined to let the world know. I held a community forum and invited all of my neighbors to attend. Before an audience of about 50 DeKalb county resident’s and neighbors I very carefully explained the circumstances of my case and allowed the audience to ask me some very candid and personal questions. By the time the meeting adjourned, 100% of the room was in agreement…I posed NO threat to anyone and was welcomed as a friendly and decent neighbor. In fact, the group agreed to defend me from further harassment in the future.
We now jump forward to HB 1059. Did you know that there are THOUSANDS on the registry that fall into the same category as myself. The majority of people on the registry have never “molested” a child and most simply engaged in acts such as indecent exposure, consensual sex between teenagers, drunken groping at a concert, etc. This is a fact that politicians will not disclose, because it does not sell newspapers. The legislature thrives on fear and misunderstanding. Did you know that the state actually receives funding when they place citizens on the registry? There is a FINANCIAL motive to place people on the registry! GA, unlike other states, classifies ALL sexual related crimes as equal. We, in the eyes of GA law, are all identical to John Evander Couey, the man that killed the child in Florida. There are roughly 11,000 registered sex offenders in GA, of which, exactly 14 are deemed to be predators. Yes, 14! Were you aware of that?
HB 1059, as proposed by Senator Keen and his extreme right wing Christian coalition, will force about 96% of registrants to immediately move out of their homes, quit their jobs, and lose all hope of having a stable, decent life. He claims that this bill is supposed to protect children. It makes great election year politics, I am aware of that. These 11,000, like myself are going to be officially BANISHED from our own homes, jobs, and families. Furthermore, the true “bad guys” are not going to comply with the law, they will simply disappear and never re-register. Only law-abiding citizens such as myself will actually bother to do so.
Please take a look at this link, as it will give you the REAL facts about registered sex offenders. http://www.petitiononline.com/NoHB1059/petition.html. It is unbiased and factual and was not written by a politician to garner votes. This bill very specifically punishes those that do not deserve further abuse. It is easy to choose us…we are an easy target. Every society apparently needs a witch-hunt, and this is nothing more than that. Sex offenders are already registered, shamed, and closely monitered. I do not know of a single person on a personal level that supports this bill, but few will oppose it publicly…that would be bad politics.
If we really care about the welfare of children, why is no one willing to take the time to look at facts rather than thrive on fear. Around 8-10 kids are abducted and killed by strangers each year. Tens of thousands, on the other hand, are killed each year by drunk drivers. Hundreds of thousands live in homes where violent spousal abuse thrives. Hudreds of thousands of children are solicited for deadly drugs like heroin right in their own schools. Why are’nt these people on a public registry…they pose the real threat. Again, this is not about safety, its about getting votes by playing on people’s worse fears.
In no way, do I advocate sexually abusing a child. In fact, I feel that such an action is a horrible crime. Yet, this law punishes everyone as if they have committed that very act. Ironically, in the future, due to the harsh penalties and stigma of sex offenses, predators will simply kill their victims. After all, murder or extreme violence does not land anyone on a list or force them out of their home for life. A simple kiss, on the other hand, comes with a life sentence.
The registry was originally intended to crack down on PREDATORS of children. That is not at all what HB 1059 will do. Most offenders, like me, have spouses and children. They will all have to relocate out of GA or “live in the swamps” as the divine Senator Keen stated. When you do the math, 11,000 people with extended families means that this bill will force 40,000-50,000 people out of GA. This is the largest forced relocation since the Japanese in WWII. That is a fact. It happened to the Jews in Nazi Germany, to my parents in Communist Cuba, and to countless others around the world.
So, I ask you, why are you supporting a bill to excommunicate all of us for the actions of 14 individual’s?? There are nearly 700,000 registered sex offenders nationally. Do you really think that ALL of THEM are raping babies? Did you know that Sheriff Thomas Brown of DeKalb County vehemently opposes this bill? He and virtually every sheriff in GA have publicly stated that it will do NOTHING to promote child safety. In fact, it will have the reverse effect. As I mentioned, the decent citizens will move and re-register. We are not the ones you need to fear. The truly dangerous will abscond. I would absolutely love to discuss/debate this further, even in a public forum.
To note, this entire bill is being challenged on the basis of its violation of the federal constitution. It still, might or might not pass. We are on pins and needles everyday. I would like to ask you…how am I a threat to harm you or your kids? The state says I am. Again, I want to protect kids and the general public just as you do…but this is not the way to do it. If interested, I would be thrilled to have lunch sometime to discuss this significant issue.
A distraught citizen, taxpayer, and otherwise “good guy,”
-David
Ok, this is going way too far. The registry is a joke and the laws. It is harassment to them and their families. Like any other crime they have done their time and now should be able to try to pick up and start over. Now like other groups in the pass are being used for political gain, media rating, and newspaper sales. The way the registry is now with over 660,000 it is unmanageable. Fact, there is a guy that I know on there and his charge is indecency with a minor, who was falsely accused. He is a father, husband and worked for the state with troubled kids. I know more that if you read there charges it would seem they did something horrific, but there was no contact at all or if there was it was on outside of clothes a brief touch or brush against someone intentional or accidental and urinating in public and a neighbor of mine husband is on there still and has been dead for 10 years and I could go on so, the registry is giving false impressions and making people feel safe, because of laws, media, politicians say with all of this and the media attention we are all safer. The way the laws are anyone of us could end up on the registry so, people should be careful what you wish for unless you have a lot of money to back it up to get out of this mess. A lot of people take a plea deal, because of fear of going to prison. In these types of cases where: you are guilty unless you can prove otherwise. If you have no physical evidence that you didn’t commit the crime then it’s your word against your accuser. An attorney said that jurors are more likely to convict you instead of taking the chase that you might have really done something so, you are found guilty. People really need to educate themselves about these laws and the registry. Then they need to start parenting again and stop relying on the government to watch over them for them by knowing there friend and know where they are or are going etc. I am a parent and I know parents that have no ideal where their kids are or who there kids friends are nor to they know the parents of there children’s friends.
The prior message was written to my congresswoman in DeKalb County, who's name also happens to be Jill.
Remember Carlie Brucia? You should. She was a bright, fun, young lady who's life was taken too soon, because Mr. Smith had apparenlty "done his time".
I don't disagree with the fact children are still being assaulted. The laws don't rape, assault or violate children, women or men. People do. Yeah, the laws are supposed to keep order in society, but we can't just sit back and hope that it cures the messed up world we live in.
David - It was hard for me to actually read your entire post because I couldn't get past the lines, "He asked me if I would be interested in filming a model on his behalf. Naturally, being a 100% red-blooded male, I said “sure thing". I can NOT support your legislation motives, because I think my efforts need to be in a education and prevention role.
First of all David, I agree, the law seems out of balance and paints with a broad stroke. That seems a little unfair. I think there aught to be different levels of severity for sex offenders. I think that registration aught to be the base though. I think it might be fair to post the charges as well so people get an idea of what offense you’re being registered for.
On the other hand, it seems to me that someone who claims to be “educated and accomplished” would be able to think with something other than his penis – or is that just part of being “100% red-blooded male”? She was a MINOR and YOU are the one responsible to find that out and get it writing! You shot questionable video of someone’s daughter, and for that you aught to be ashamed of yourself. The act alone is asinine let alone the stupidity of not validating her age!
Not to mention that its disgusting that you generalize all males as having the same desire to objectify women as you do. Would it surprise you that there are a lot of men out there who find your actions disgusting whether legal or not? Or would you just write them off as being less than 100% male?
And what the hell does selling newspapers have to do with legislation? Do politicians get a kickback for the amount of newspapers they sell with their names in it? Get real.
I’m glad you’re on the list. You’re a great example of what should happen to men who can’t think outside of their own pants.
To RedPiper and 100% Male: Believe it or not, I really do appreciate your feedback. Red, I totally understand that your focus is on prevention and education, so please continue your fine work in that area. To 100% Male: I absolutely agree that what I did was dumb, in poor judgement, and totally out of character. I accept full responsibility for a poor decision. Many people in life make poor decisions and pay for it in one manner or another. My purpose is not to convince you to change your mind, but encourage you to listen to others. Every person on the registry has a story to tell. Some are comfortable speaking about their situation, some are not. When I addressed my neighbors, I was very candid about my case. My intention was never to tell them "hey, I didnt do anything." Rather, the objective was to tell them "hey, here is what actually happened. I apologize for my poor decision and hope that you will understand that such a thing will not happen again."
Am I guilty of being stupid...you bet! Am I a child molestor...no. Am I likely to harm/rape/kill anyone...no. I highly recommend a classification system for the registry. Not all crimes are equal and the notion that every single registrant is highly likely to re-offend is 100% myth.
As far as objectification is concerned, that was indeed very out of character for me. I got carried away in the heat of the moment, so to speak. Perhaps my choice of words in stating that I was "100% male" was poorly selected. I am in no way asking for any sympathy. By your tone below, I am quite sure that you have none and that is perfectly ok.
As for the fact that nearly 11,000 families will be removed from their homes...only you can determine if that is appropriate punishment.
I have said my peace, so thank you for your time.
If you would like some serious facts regarding registries, check out this link. It provides an excellent reference:
http://www.geocities.com/voicism/index-congress.html
RedPiper:
On yet another somewhat related topic, you mentioned Carlie Bruscia. I would agree, as would the vast majority of Americans, that this was a heinous and terrible crime. The perpetrator, Joseph Smith, however, was not a sex offender. He was simply a deranged killer. Period. Its unfair to use that analogy. That is precisely the type of analogy that is terribly destructive. The number of "Joseph Smith's" in the world is infinitesimally small. The rate of recidivism for sex offenders is 3.5%. That is a Department of Justice fact. Of those 3.5%, most re-offend for totally unrelated crimes such as drug possession...but that counts as a "re-offense" in the Feds view.
The initial registry was designed to focus on "Predators." Predatory status is determined by undergoing a Gene Abel pyschological assessment. Every single sex offender in this country undergoes this rigorous examination. In GA, out of the 11,000 registrants, there are precisely 14 predators. They are the ones we need to monitor closely. If you believe in the U.S. Constitution and its principles, a person should not be penalized for the "assumption" that they will commit a crime. That is no different than racial profiling.
Not every college kid who smokes marijuana is likely to become Pablo Escobar. Both are deemed drug offenders. Likewise, not every sex offender is likely to become John Couey (who, by the way, was arrested some 27 times during the course of his criminal career). These registry laws are based primarily upon the killings of Jacob Wetterling and Adam Walsh. Both cases are unsolved and there is ZERO evidence that they were killed by sex offenders. Why is that not publicized? We are tired of being held accountable as a class of people for the crimes of 2-3 monsters.
The basis for my argument does not revolve around the existence of a registy, but on how it is implemented. Did you know that GA's current law will actually make the public LESS safe? Again, see my original post for that.
While we are going here, I will certainly "get real." 100% male stated "And what the hell does selling newspapers have to do with legislation? Do politicians get a kickback for the amount of newspapers they sell with their names in it? Get real."
This has everything to do with selling papers and vote-grubbing. Sex sells, we all know it. Papers and the evening news depend upon sales and ratings, respectively. That is why they continue to print crap like "we will now be able to monitor 700,000 child molestors." That is what the Feds stated in congress and utilized as a soundbite for their argument towards implementation of a national sex offender tracking database. Now we are all de-facto child molestors??
No, we arent! But it sure makes a great soundbite and sells those papers and gets those needed ratings. Why do you never see data proving that registries are destructive in the paper? The evidence is overwhelming. There is not one shred of evidence indicating that a super tough registry will make your child safer. But, newsppeople keep quiet because opposition is not "sexy" and nobody wants to appear to be "pro-molestor" as the stereotype goes.
Politicians were told EXPLICITLY by the Georgia Sherriffs Association and Gene Abel himself that the new registry laws would actually INCREASE public danger...but they passed it anyhow because it sure looks good to prospective voters when you tell them you are tough on crime. Hogwash. Not ONE SINGLE study was conducted to determine if the registry law would help save a child's life. Its ALL about ratings, votes, and dollars. Dont kid yourself.
If I am wrong, then why are 96.5% of sex crimes committed by people NOT on any registry? Sex offenders are an easy target for the media and politicians. Its easy to kick your dog, nobody will complain and it SELLS!
If you dont believe this, you are the one who "doesnt get it."
this remind me of the california strike 3 law people were rooting for it then when it came back to bite the people in their wallet and their loves one in prison for stealling pizza.
the same thing is going to happen
a teenager is going to trap a lonely older man into slaverly as well as a horny female teacher with her student that only think with the small head.
think about it
and yeah Im a ex sex offender
Davd - I'm not sure I ever said Mr. Smith was a sex offender, but that's neither here nor there because he is now. The purpose in writing that, was to relay the fact to 'anonymous' that although he'd done his time some type of monitoring would have been good, seeing how his criminal record is longer then most. I'm not saying monitoring system would bring Carlie back, but at least the community would have known who was lingering. I'm sure we could go back and forth on it, which I'm totally open to, but it would appear that debating on my blog is NOT going to stop sexual violence.
You've written a lot on my blog and I appreciate your comments, as it's definitely intitated conversation among several different people. But I just want to point out that MY purpose or point in posting any of this stuff is merely to educate others. I decided a year and a half ago that I am better suited in a prevention role, rather than a legal role. Feel free to continue posting comments.
Funny how no-one's questioned the sanity of declaring that film of a girl eating a popsicle is somehow "suggestive".
I take it she ate it of her own accord and had no objection to being filmed?
The case tells little about the OP, but a great deal about those who made - and upheld - the complaint.
Red,
Ok, thank you, fair enough. Regarding the popsicle...yes she did it voluntarily and we were there with the blessing of her Mother and fiance'. The state pressed charges and the judge actually relented a bit since the 17-year old protested vehemently against their actions. Anyhow, I could go on and on about the rationale of my conviction, but that would be fruitless in this blog. If I have ANY impact whatsoever on the public, its my hope that people will take the time to speak with an accused person and learn his/her story rather than point fingers and make assumptions. Ask questions, empathize, and listen...then formulate your opinion.
Being that she was under age she can't consent to such actions, regardless of if she wanted to engage AND it is disturbing that a mother and fiance would permit to such an action.
Ok, this is going way too far. The registry is a joke and the laws. It is harassment to them and their families. Like any other crime they have done their time and now should be able to try to pick up and start over. Now like other groups in the pass are being used for political gain, media rating, and newspaper sales. The way the registry is now with over 660,000 it is unmanageable. Fact, there is a guy that I know on there and his charge is indecency with a minor, who was falsely accused. He is a father, husband and worked for the state with troubled kids. The girl got mad, because she wasn't told she couldn't go with the group. I know more that if you read there charges it would seem they did something horrific, but there was no contact at all or if there was it was on outside of clothes a brief touch or brush against someone intentional or accidental and urinating in public and a neighbor of mine's husband is on there still and has been dead for 10 years and I could go on so, the registry is giving false impressions and making people feel safe, because of laws, media, politicians say with all of this and the media attention we are all safer. The way the laws are anyone of us could end up on the registry so, people should be careful what you wish for unless you have a lot of money to back it up to get out of this mess. A lot of people take a plea deal, because of fear of going to prison. In these types of cases where: you are guilty unless you can prove otherwise. If you have no physical evidence that you didn’t commit the crime then it’s your word against your accuser. An attorney said that jurors are more likely to convict you instead of taking the chase that you might have really done something so, you are found guilty. People really need to educate themselves about these laws and the registry. Then they need to start parenting again and stop relying on the government to watch over them for them by knowing there friend and know where they are or are going etc. I am a parent and I know parents that have no ideal where their kids are or who there kids friends are nor to they know the parents of there children’s friends.
Red:
ok, enough about my case.
What are you doing on the prevention/education end of things? How do you see the registry playing a part in your plan?
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