More on Registration

By Steve Gordon

OK, here we go. Local writer, Laurie Mason Schroeder who covers lot of criminal court issues for the Bucks County Courier Times (www.PhillyBurbs.com), has jumped into the ring on the new Megan's Law requirements.

The focus of her article in the Sunday, December 16, 2012 paper in the Local section (Page A3) is on juvenile or teen sex offenders. It uses the word "consequences" which by my definition in this means punishment, and the appellate courts have consistently said that ML is not punishment when application of such has been challenged.

Aside from the things I wrote about in an earlier post last week entitled "Registration" it now appears the laws have really overstepped their boundaries. Schroeder wrote, "SORNA is a portion of the Adam Walsh Child Protection Act, which was signed into law in 2006. The federal act goes a step beyond Megan's Law, imposing longer and stricter registration requirements on sex offenders of all ages."

SORNA is the Sex Offenders Registration and Notification Act and in her article Schroeder leads off with saying that there will be "long-lasting, potentially public consequences." This is where I take the inference that this is punishment. The consequences go into almost branding a person where applying for work, admission to a school/college or applying for work related licenses punish a person not giving them an equal opportunity.

The article clearly bears out or confirms my feelings on this issue in a few very succinct words saying, "...juvenile advocates fear that the new law might mark a teen for life." I also believe that the new law unfairly brands all sex offenders and goes beyond consequences into punishment.

The new law increased the amount of information that the public has access to. I don't understand how this is a productive element. It is fact that a majority of child sex abuse cases involve individuals the child knows AND many are first time offenders. Thus my question is how does more information available to the public prevent anything?

I was able to get an entry level part-time job after talking with the open minded owner of a local business. He was not so much concerned about what I had done and served time in state prison for but if it would be a problem in the work place. When I assured him that my past would not be a problem in the work place he too me for my word and gave me a job. It has not been an issue and I have made myself an asset to the workplace and I have a very good working relationship with the other employees who do not know  (nor is it important that they know) my history.

However anyone can look up my name or search the sex offender registry online and find me and potentially and maliciously make public that this business has a registered sex offender working there. First, why is this anyone elses business? Second, how or why is that pertinent information? I have proven myself to be responsible and trusted. And not to beat a dead horse, buy my offense was a specific domestic offense with my than wife in our home. How am I a danger to the community or to society?

Briefly on the public information, there have been cases around the country where people have sought out people listed on ML registrations and perpetrated violence upon them and or their families.

I fully understand a person with a history of a sex offense cannot work in certain places like in health care with elderly people or in schools for example. There are laws on those things. But I know from personal experience that you can't even get an interview to get a job riding around on the back of a trash truck if you have a felony (and sex offenses are felonys).

Unfortunately the bottom line is that if anyone, former offender or not, is going to commit a sex offense on a child (or an adult) what is going to stop them? Sure, parents can be careful who they leave watching their children when they are not around knowing someone has a history, but with many of these offenders being first time offenders how is this helpful? Also consider that only a small minority reoffend.

So when you least expect it good old Uncle __________ (fill in the blank) or your friendly neighbor next door or across the street might actually might be more or a risk than a name of someone you saw online.

OK, we keep an eye on those who might reoffend and it might prevent a life changing event to happen to a child, but again I present that if someone is intent on committing an act (of any kind) that person will likely carry out his or her intent. In prison they drill into you in group programs that if you think it you will do it. The idea is to keep you from thinking it. How does Megan's Law do this?

Lawyer Robert Mancini who was quoted in the article commented that he doubts the new law will be a deterrent in reference to the consequences on juveniles. I present that same question in regard to all but SVP (Sexually Violent Predators) offenders.

You can reach Laurie at email: lmason@phillyBurbs.com