Jessica’s Law Needs to Be Passed
Nadia Osman | Oct 23, 2006 | Comments 3
Among the flurry of proposition numbers that interrupt my precious little television viewing time in preparation for the California elections in November, one number truly stands out: 83.
Proposition 83, also known as Jessica’s Law, is named after nine-year-old Florida resident Jessica Lunsford, who was kidnapped from her bedroom, assaulted and then buried alive. Jessica’s Law would toughen California laws by increasing penalties for violent and habitual sex offenders and child molesters.
Sex offenders would be prohibited from living within 2,000 feet of any school, making it harder for them to prey on kids. Registered sex offenders would be required to wear a lifetime Global Positioning System device in order to track their movements at all times.
The mandatory minimum prison term would be lengthened, and offenders would have to serve the entire term. Parole periods would be extended up to 10 years, which could curb habitual sexual violence. The two-year commitment for sexually violent predators would change to an indefinite commitment, subject to review by state officials. The current law to keep mentally ill and sexually violent predators committed to state mental institutions after their prison terms would be strengthened.
California’s laws for sexual predators are among the most lenient in the nation. Right now there are over 63,000 sexual predators in California, many who have been released from prison without going through some sort of treatment or parole. Many end up back in prison after preying on another victim, especially since the chance of a sex offender repeating his behavior is over 50 percent. This needs to stop, and Jessica’s Law is the way to do it.
Jessica’s Law should be passed not just because it would help curb potential child abuse, but because it would make sure that offenses are not repeated again. By having registered sex offenders live farther away from schools, there are naturally fewer children to target. Wearing a GPS device would help the California government keep track of the tens of thousands of sexual predators that have been released from prison of whom they have now lost track. According to the San Diego Union-Tribune, although most attackers are known to their victims, most have had repeated access to them at school or elsewhere outside the home. Knowing where these offenders are could help decrease the number of incidents of child sexual assault, and make sure that children are safer overall.
Opponents of Proposition 83 argue that forcing predators to live 2,000 feet away from schools would send them out of urban areas and into rural communities with less law enforcement and without treatment and support services. This is an understandable concern, especially for those in California living in less populated areas. However, while an offender is on parole, guidelines could require them to live in the same community they are from, just not near any schools. After the offenders are off parole, the GPS device would track them wherever they are, alerting law enforcement if they are near a school, even in a rural area. This would not only ensure that we know where the offenders are, but would also help cut the cost of hiring thousands more parole officers.
Opponents also claim that Proposition 83 would be too expensive, as it would use GPS tracking devices and increase the pressure on the overburdened prison system, as well as taking away certain civil liberties. The best way to handle this would be to have one police officer per sexual offender, following them so they never could commit another crime. This, of course, is impossible, which makes GPS devices the next best thing.
The prison system may be overcrowded, but it has been and will continue to be, and proper prison reform needs to take place in order for any real change to happen there. Locking away sexual predators seems like a pretty good idea compared to locking up those who have committed petty drug crimes, but that is another argument.
And those concerned about civil liberties need to realize that once someone is charged with a crime, they have already waived certain personal rights. Keeping track of someone who could repeat a crime over and over again, particularly one as life-altering and horrific as rape, is not the same as having the government act like Big Brother.
Voting ‘yes’ on Jessica’s Law would mean improving the safety of everyone in California and making sure that those who have committed sexual crimes are punished for them.
Nadia Osman is a fourth-year history major.
Popularity: unranked [?]
Filed Under: Opinion
Thank you for the truth Mary. VERY INFORMATIVE!
This is an excellent commentary, I wholeheartedly agree..
The recidivism rate (the rate to re-offend) of “sex offenders” is NOT 50%!
The media and the politians tell the public it’s 50, 75, 90 and 100% to gain support of voters and to push through flawed legislation. The recidivism rate for “sex offenders” is significantly lower than that of murders, drug dealers and users or armed robbers. An interesting fact since Sex Offender Legislation is based on the assumption that “sex offenders” will recidivate with new sexual offenses.
Before you write another article on a topic you know nothing about, do some research.
Are Americans aware that their teenagers are having consensual sex which could result in the older teen being convicted of sexual assault, battery or rape a prison sentence and being listed on a Sex Offender Registry for 15 years, 20 years or for a lifetime?
Are Americans aware that their teenagers are e-mailing and texting nude photos of themselves and others? This could result in both teens being charged with creating, distributing and possessing child pornography with time in prison and being listed on a Sex Offender Registry for a lifetime.
Are Americans aware that if they receive one unwanted e-mail or text of child pornography on their computer or phone and a service technician finds the old/deleted file they will be charged with possessing child pornography? Resulting in time in prison and being listed on the Sex Offender Registry for a lifetime.
Are Americans aware that if they have knowledge that their juvenile child is having consensual sex with someone of 18 years or older, they (the parent) can be convicted of indecent liberties by person of supervision and listed on a Sex Offender Registry for 15 years, 20 years or for a lifetime?
Are Americans aware that middle schoolers have been convicted and listed on Sex Offender Registries for pinching other middle schoolers on their rear-end?
Are Americans aware that because of the “Victim’s Rights Laws & Rape Shield Laws” an ACCUSATION ALONE is sufficient for a conviction, a prison term of 5 to 25 years or even life and then being listed on a Sex Offender Registry most likely for life?
Are Americans aware that NO evidence, NO witness, NO dates or times have to be given by an accuser?
Are Americans aware that they CAN NOT defend themselves by supplying evidence or witnesses that can prove an accuser is lying and had motive to lie?
Are Americans aware that some States (Virginia) allow an accuser only 21 DAYS to recant a lie? Any amount of time after 21 days the wrongful conviction, the prison term and remaining on a Sex Offender Registry stands. If a witness was found 15 years after a murder case that could convict the murderer or if DNA was discovered to free a wrongfully convicted person 25 years later why can’t an accuser recant and the conviction be stricken from the record?
Are Americans aware they are no longer innocent until proven guilty in America when there is a sexual claim, they are guilty and not allowed to prove their innocence?
There is a huge difference between stealing a newspaper and robbing a bank, both crimes are considered theft but both are differentiated by law and society.
Are Americans aware that the current laws that label someone as a Sex Offender in the U.S do not differentiate?
Whether you are accused of teenage consensual sex, urinating in public, mooning or streaking, pinching or touching someone or being a serial rapist upon your return to society, conviction and sentence will be the same.
Are Americans aware that a VERY large number of Registered Sex Offenders have never touched or raped anyone, let alone a child?
But guilt by association on the Sex Offender Registry labels them all as a “pervert”, a “pedophile” and a “predator” for life.
Are Americans aware that their State’s General Assembly (Virginia 2006 & 2008) broadly re-classified Non-Violent Offenders to Violent Offenders? This includes many offenses that had NO physical contact.
The situation that has been imposed upon the “Registered” is that, under the guise of protecting our children the Legislators are in fact repeatedly trying, convicting and re-sentencing Citizens without even notifying them that this has occurred. To re-sentence a Citizen of the United States without giving them the opportunity to testify on their own behalf is clearly a violation of their Constitutional Rights.
Our Legislators have taken a group of people and used them as a platform to win elections and instill fear into the parents of our country so that they look like heroes. People that are not child-molesters, pedophile’s and perverts have all been bucketed into one massive Registry and must endure a lifetime of shame.
The Sex Offender Registries are extremely costly both financial and to the families of the registered.
Contrary to popular belief among the Legislators there is indeed hardship related to being listed on a Sex Offender Registry. The lives being destroyed are not just the “registered” But their spouse, their children and every family member sharing their name and address.
When you are a “Registered Sex Offender”, you struggle to find and keep housing, employment and your family because of the stress and humiliation that the Registry creates within yourself, your neighbors, your co-workers and vigilantes looking for justice for a victim they don’t even know.
The Sex Offender Registries are not protecting anyone, they are a means to humiliate, degrade, re-prosecute and destroy the lives of thousands of innocent Citizens.
The Studies below have proven that the current Sex Offender Laws, the Registries and the Residency Restrictions are ineffective and damaging. Our Legislators repeatedly state inaccurate recidivism rates (the rate to re-offend) of “sex offenders” to the public to gain support of voters and to push through flawed legislation. The recidivism rate for “sex offenders” is significantly lower than that of murders, drug dealers and users or armed robbers. An interesting fact since Sex Offender Legislation is based on the assumption that “sex offenders” will recidivate with new sexual offenses. There is also a study conducted by the Attorney General’s of numerous states that proves the Internet is not as dangerous as our Attorney General and Legislators have convinced you to believe that it is.
• No Easy Answers: Human Rights Watch Study, September 11, 2007
• The Adam Walsh Act: Scarlet Letter by Lara Geer Farley, April 17, 2008
• Fact Sheets Examine Impact of Sex Offender Registries: Justice Policy Institute, September 22, 008
• Collateral Damage: Family Members of Registered Sex Offenders by Jill Levenson Ph.D. January 2009
• Enhancing Child Safety and Online Technologies: Final Report of the Internet Safety Technical Task Force to the Multi-State Working Group on Social Networking of State Attorneys General of the United States. December 31, 2008
• Residential Proximity to Schools and Daycare Centers: Influence on Sex Offense Recidivism, An empirical analysis by Jill Levenson Ph.D. December 23, 2008
• New Jersey DOC Study on the Effectiveness of Sex Offender Registration February 11, 2009
• Registering Harm: How Sex Offender Registries Fail Youth and Communities, Justice Policy Institute November 21, 2008
A new book written by Dr. Richard Wright titled Sex Offender Laws: Failed Polices, New Directions concludes that the proliferation of “Sex Offender” Legislation over the past 20 years in America that were meant to memorialize an assaulted, murdered or missing child have largely failed. They have NOT reduced Sex Offender recidivism rates (5.5%), provided safety, healing or support for victims, reflected the scientific research on sexual victimization, offending and risk or provided successful strategies for prevention.
Dr. Wright interviews Patty Wetterling the mother of an abducted child says twenty years later that there are many issues with current policy and “We have not built into the system any means for success”. If Jacob Wetterling’s mother can see that current laws and policies are failing why can’t our government?
The fear and loathing against Registered Sex Offenders that is currently considered acceptable needs to stop before additional Citizens and communities are harmed.
Our Legislators need to rectify this mess they have created by bucketing ALL sexual related acts into Sex Offender Crimes. The broad brush that the Legislators have been allowed to use across our population will continue to grow until it reaches into your home and labels you and your family.
The Registries need to be returned to their original intent to list only the most dangerous, untreatable and repeat offenders.