Folks need to read the court opinion, now posted below [takes time to find]. He lost and rightfully so, effectively he was not barred from other churches where children are not present. His claim only pertained to ONE SPECIFIC church.
2-14-2010 New Hampshire:
NH Supreme Court [9-2010] Considers Allowing Chaperone For Church
A convicted sex offender took his fight to attend church to the state Supreme Court on Wednesday.
A lower court told Jonathan Perfetto that he couldn't go to church because his suspended sentence prohibits him from being around children. Perfetto was convicted in 2002 of possessing 61 images of child pornography.
Barbara Keshen of the New Hampshire American Civil Liberties Union told the court that Perfetto, a Jehovah's Witness, has a fundamental right to go to the church of his choice and should be permitted to be around the children of the congregation as long as he has a chaperone.
But Assistant Attorney General Nicholas Cort argued that using a chaperone is unrealistic.
"It would be too dangerous and unrealistic to expect a single person to be able to keep an eye on him every minute of every meeting every week," Cort said.
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Showing posts with label 2010. Show all posts
Showing posts with label 2010. Show all posts
Juveniles crowd Michigan sex offender registry
2-10-2010 Michigan:Nearly eight percent of Michigan’s sex offender population is made up of juveniles, according to statistics compiled by the Michigan State Police in response to a public records request from the Michigan Messenger.
The statistics further reveal that the state’s youngest registered sex offenders are 9 years old. The state counts a total of 3,563 juvenile sex offenders on the registry, all of whom were adjudicated through the state’s juvenile court system.
All sex offenders in Michigan -– juveniles and adults alike -– face a minimum of 25 years on the state registry, along with requirements to check-in regularly with law enforcement and other restrictions. The maximum registration requirement is life.
While there are relatively few 9-12 year olds on the registry (145 cases adjudicated) there are many more registered teenage sex offenders age 13-16 (2,007 cases). See the complete breakdown by age here.
“It’s shocking,” said Shelli Weisberg, legislative director for the American Civil Liberties Union of Michigan, referring to the juvenile sex offender statistics. “I’m pretty surprised at the numbers. They’re bigger than I thought they would be.”
As of November, 45,164 Michigan residents were registered sex offenders, giving the state the distinction of having the third highest ratio of sex offenders of any state in the country. According to the state’s Sex Offender Registry Act, all violations of the state’s Criminal Sexual Conduct (CSC) laws -– not just rape or child molestation -– require the perpetrator to be on the sex offender list.
Most of the juvenile sex offenders are likely only listed on the private or “law enforcement-only” registry -– not the public online registry -– but they are still subject to the quarterly registration requirements. Further penalties loom if the registrant fails to check-in on time with law enforcement.
Under the provisions of the federal Adam Walsh Child Protection and Safety Act that Michigan must comply with later this year, the state may have to do away with the private registry all together -– which could force most juvenile sex offenders onto the online registry for the duration of their registration requirements.
“Under Adam Walsh, all those kids over 14 would be on the public registry,” said Weisberg. “Every single one of them.”
The federal sex offender definition excludes juveniles less than 14 years old.
Moreover, critics of the state registry often point to the employment- and housing-denying stigma that accompanies extended punishment on the public registry long after consensual but underage sex, or other non-violent sex crimes, has triggered an offense.
One critic, a member of the Coalition for a Useful Registry and the mother of a juvenile sex offender, argues that juvenile offenders are treated more harshly than offenders age 17-21. She spoke only on the condition that her name would not be published due to fear that any publicity could harm her son.
She noted that in the state’s adult court system, 17 to 21-year-olds are able to petition a judge to avoid the sex offender registry and even have their convictions expunged under the provisions of the state Holmes Youthful Trainee Act (HYTA) if they successfully complete the terms of their probation. Juvenile offenders adjudicated in juvenile court, however, aren’t eligible to be granted so-called “youthful trainee” status.
“Some of our youngest juveniles are getting some of the worst sentences in all of this,” she said, adding that “for the most part, these cases come down to youthful curiosity.”
“And yet they’re made to look like the worst of the worst,” she said. “I just think we’re writing off some young lives long before we ever should be.”
She added that it would be “a real eye-opener” to many state lawmakers that so many pre-teen and teenage juvenile offenders are on the state’s sex offender registry.
Another mother of a juvenile sex offender who also spoke on the condition her name wouldn’t be published, noted that the petitioning process via HYTA was originally designed to emulate juvenile adjudication and allow some young offenders to avoid the harsh, long-term consequences of being listed on the public registry. But since 1988 and unlike many other states, juvenile records in Michigan are public.
“The kids don’t have the ability to get HYTA unless their lawyer is savvy enough to say, ‘Hey, let’s have this case heard in adult court,’ and the prosecutor says, ‘Ok, that would be better,’” she said. “The juveniles are getting left behind.”
This second mother, also involved with efforts to reform the state’s sex offender laws, says she sees a paradox in how a juvenile system meant to protect children can often have the reverse effect.
“I’ve always found it ironic that we talk the talk in terms of creating sex offender legislation that we’ve got to protect our children, but then when we come along and pass these laws and we forget that the kind of people we need to protect from these laws are juveniles,” she said. “We forget that.” ..Source.. by David Alire Garcia
Study: Many sex offenders are kids themselves
1-5-2010 National:
More than a third of sex crimes against juveniles are committed by juveniles, according to new research commissioned by the Justice Department.
Juveniles are 36% of all sex offenders who victimize children. Seven out of eight are at least 12 years old, and 93% are boys, says the study by the Crimes Against Children Research Center at the University of New Hampshire.
The report comes as states toughen penalties for adult sex offenders and wrestle with how to handle juveniles.
"They are different from adult sex offenders," says study co-author David Finkelhor. They are more likely than adults to commit sex offenses in groups, and their victims are younger and more likely to be male.
Finkelhor says only about 10% of juvenile offenders have signs of "sexual preoccupation," an indicator of a pedophile. He says teen offenses include date rape. In the case of offenders age 12 or 13, it is often sexual experimentation with younger kids.
Early sex education is key to teaching boundaries and preventing such experimentation, Finkelhor says.
The study, based on 2004 law enforcement data, finds that juvenile sex offenders commonly target children younger than they are. Their numbers increase sharply at age 12 and plateau at 14. Female offenders are younger.
"I've seen the whole spectrum," from serious and even sadistic crimes to 16-year-old boys having sex with 13-year-old girlfriends, says psychiatrist Fred Berlin, founder of the Johns Hopkins Sexual Disorders Clinic. He says research shows the vast majority of juvenile sex offenders don't become adult ones.
He says too many end up on sex offender registries. "They shouldn't be stigmatized for the rest of their lives," Berlin says.
Some states have tried to lessen punishment for older teens having consensual sex with underage ones. Most do not list juveniles on their online sex offender registries.
The Adam Walsh Child Protection and Safety Act, however, requires states to adopt uniform registry rules or risk losing certain federal funds. The act, passed in 2006, requires teens 14 and older to register if they commit serious sex crimes, which can include touching the genitals of someone younger than 12.
Offenders have to register every three months; failure to do so is a felony. The Justice Department says only Ohio has put the law into effect. ..Source.. by Wendy Koch
More than a third of sex crimes against juveniles are committed by juveniles, according to new research commissioned by the Justice Department.
Juveniles are 36% of all sex offenders who victimize children. Seven out of eight are at least 12 years old, and 93% are boys, says the study by the Crimes Against Children Research Center at the University of New Hampshire.
The report comes as states toughen penalties for adult sex offenders and wrestle with how to handle juveniles.
"They are different from adult sex offenders," says study co-author David Finkelhor. They are more likely than adults to commit sex offenses in groups, and their victims are younger and more likely to be male.
Finkelhor says only about 10% of juvenile offenders have signs of "sexual preoccupation," an indicator of a pedophile. He says teen offenses include date rape. In the case of offenders age 12 or 13, it is often sexual experimentation with younger kids.
Early sex education is key to teaching boundaries and preventing such experimentation, Finkelhor says.
The study, based on 2004 law enforcement data, finds that juvenile sex offenders commonly target children younger than they are. Their numbers increase sharply at age 12 and plateau at 14. Female offenders are younger.
"I've seen the whole spectrum," from serious and even sadistic crimes to 16-year-old boys having sex with 13-year-old girlfriends, says psychiatrist Fred Berlin, founder of the Johns Hopkins Sexual Disorders Clinic. He says research shows the vast majority of juvenile sex offenders don't become adult ones.
He says too many end up on sex offender registries. "They shouldn't be stigmatized for the rest of their lives," Berlin says.
Some states have tried to lessen punishment for older teens having consensual sex with underage ones. Most do not list juveniles on their online sex offender registries.
The Adam Walsh Child Protection and Safety Act, however, requires states to adopt uniform registry rules or risk losing certain federal funds. The act, passed in 2006, requires teens 14 and older to register if they commit serious sex crimes, which can include touching the genitals of someone younger than 12.
Offenders have to register every three months; failure to do so is a felony. The Justice Department says only Ohio has put the law into effect. ..Source.. by Wendy Koch
Internet Trolls, Beware! 'Bounty Hunter' Can Expose You
(ABC News 11-1-2010)
He has been called a bounty hunter for the digital era, and for good reason.
After Michael Roberts' own name was smeared across the Internet by an online antagonist, crushing his successful business and threatening personal relationships, Roberts made it his mission to help other victims of online defamation rout out the anonymous Internet trolls trying to upend their lives.
The Australian native launched a Las Vegas-based company called Rexxfield, dedicated to digital forensic analysis and online reputation defense. (Nevada was chosen as the home base because its state laws are more favorable for those suing for libel damages.)
Since starting the firm in 2008, Roberts said he has helped more than 150 people unmask their online attackers. His firm boasts an 80 to 90 percent success rate for positively identifying anonymous Internet posters. He recently launched the non-profit FreespeechV3.org, a pro bono arm of his company, to give victims of online defamation even more support.
By the time people contact him, they've been branded whores, child abusers, liars and other vicious epithets on the Internet. They're spirits are so deflated, some consider ending their lives, he said.
"You can hear it in the voice of the people when they first contact you," he said. "And once the problem is solved they're like a different person."
Billionaires, Royalty Among Those Looking to Expose Anonymous Online Harassers
Roberts counts billionaires and royalty among his clientele and two of the most recent high-profile cases involving unmasking anonymous posters were ones in which he was involved.
A couple of weeks ago, one of his pro bono clients, Carla Franklin, succeeded in obtaining a court order from a New York judge instructing Google to identify people who posted defamatory content about her on YouTube.
Another pro bono client, Vogue cover model Liskula Cohen, made headlines last summer when she successfully sued Google to uncover the name of an anonymous blogger who slandered her online.
But how does this modern-day bounty hunter track down his prey?
Roberts said it often starts with the Internet Protocol (IP) address, which is the unique number assigned to any device connected to the Internet.
IP Address Is 'Smoking Gun,' Online Investigator Says
"That's the smoking gun that inexorably links the offensive posting to the address – not the person, of course, but the address," he said.
When someone goes online and posts a comment on a website or writes a blog post, an IP address connects the computer he or she is using to a physical address. That IP address is logged both by the Internet Service Provider and by the website hosting the content.
It's the key piece of information that can pierce the so-called veil of anonymity online, but Roberts said that there's one problem: It's perishable information.
"The moment somebody posts their smear or their diatribe, the clock starts ticking," he said.
In most states, the statute of limitations for Internet libel for civil relief is one year, he said, although a few states extend the limit to two or three years.
And, he added, ISPs, search engines and other websites regularly purge their systems of IP address logs.
But IP Address Is Often Not Enough
They aren't required by law to store the information for any specific amount of time, so they set their own policies governing the deletion of files.
Roberts said that from his experience, ISPs tend to delete IP information after about six months; Web companies, such as Google, tend to hold on to information for longer.
The information held by the ISP, however, is actually more critical, he said. While an IP address stored by a website might be able to lead a forensic expert to the ISP that enabled the Internet connection, the IP address held by an ISP can actually lead the expert to an Internet troll's front door.
But Internet companies don't just hand over these keys. A subpoena and, in some cases, a court order, are necessary to force the companies to release the IP addresses.
Even after Roberts obtains the requested IP addresses, his job is not always finished.
"So many cases fail, whether it be harassment, wire fraud, whatever it might be, because it's like a doorway we know the person walked through, but so did 100 other people," he said.
An IP address can tell him where the poster's computer may be located, but it doesn't absolutely link a specific person to that computer.
To identify the individuals behind online attacks, Roberts said he uses a combination of high-tech expertise and old-fashioned instinct.
Digital Forensics, Linguistics Help Identify Online Attackers
"We have to triangulate the individual with digital evidence that can't be obtained electronically," he said.
Assuming a victim has a sense of who might be behind the attacks (which they often do, he said), he and his specialized team reach into their black box of tricks to map out the individual's social network.
Using what he called "social forensics," they figure out the person's friends, most frequented sites and habits online.
"They leave lots of electronic footprints," he said.
In 75 to 85 percent of the cases, those tactics are enough to positively identify the perpetrators of online attacks, Roberts said. But in some cases, he goes a step further, enlisting a Ph.D.-trained forensic linguist.
"[She] can examine known samples of writing with the anonymous writings and link them together with the little idiosyncrasies in the person's prose," he said.
While Roberts does take on several cases on a pro bono basis, he said, most cases cost about $5,000 to $10,000 (not including legal fees which, depending on the circumstances, can significantly inflate the price).
But his clients say that the expense is worth it.
Patty McPeak, founder of natural products company Nanacea, said that after she left her previous company, where she had been CEO, online commenters wrote vicious posts about her and her family.
The ordeal continued for about two years, but Roberts' company helped expose the commenters. And when McPeak let them know that she had learned their identities, the online onslaught stopped.
At 69-years-old, she said, she had no desire to spend her golden years suing them, but just knowing who was behind the attacks was enough.
"I would have gone to my grave wondering who would have said such awful things about me," said McPeak, who lives in El Dorado Hills, Calif. "I have such peace of mind knowing who these people are. It would never have been possible without this." ..Source.. by ABC News
He has been called a bounty hunter for the digital era, and for good reason.
After Michael Roberts' own name was smeared across the Internet by an online antagonist, crushing his successful business and threatening personal relationships, Roberts made it his mission to help other victims of online defamation rout out the anonymous Internet trolls trying to upend their lives.
The Australian native launched a Las Vegas-based company called Rexxfield, dedicated to digital forensic analysis and online reputation defense. (Nevada was chosen as the home base because its state laws are more favorable for those suing for libel damages.)
Since starting the firm in 2008, Roberts said he has helped more than 150 people unmask their online attackers. His firm boasts an 80 to 90 percent success rate for positively identifying anonymous Internet posters. He recently launched the non-profit FreespeechV3.org, a pro bono arm of his company, to give victims of online defamation even more support.
By the time people contact him, they've been branded whores, child abusers, liars and other vicious epithets on the Internet. They're spirits are so deflated, some consider ending their lives, he said.
"You can hear it in the voice of the people when they first contact you," he said. "And once the problem is solved they're like a different person."
Billionaires, Royalty Among Those Looking to Expose Anonymous Online Harassers
Roberts counts billionaires and royalty among his clientele and two of the most recent high-profile cases involving unmasking anonymous posters were ones in which he was involved.
A couple of weeks ago, one of his pro bono clients, Carla Franklin, succeeded in obtaining a court order from a New York judge instructing Google to identify people who posted defamatory content about her on YouTube.
Another pro bono client, Vogue cover model Liskula Cohen, made headlines last summer when she successfully sued Google to uncover the name of an anonymous blogger who slandered her online.
But how does this modern-day bounty hunter track down his prey?
Roberts said it often starts with the Internet Protocol (IP) address, which is the unique number assigned to any device connected to the Internet.
IP Address Is 'Smoking Gun,' Online Investigator Says
"That's the smoking gun that inexorably links the offensive posting to the address – not the person, of course, but the address," he said.
When someone goes online and posts a comment on a website or writes a blog post, an IP address connects the computer he or she is using to a physical address. That IP address is logged both by the Internet Service Provider and by the website hosting the content.
It's the key piece of information that can pierce the so-called veil of anonymity online, but Roberts said that there's one problem: It's perishable information.
"The moment somebody posts their smear or their diatribe, the clock starts ticking," he said.
In most states, the statute of limitations for Internet libel for civil relief is one year, he said, although a few states extend the limit to two or three years.
And, he added, ISPs, search engines and other websites regularly purge their systems of IP address logs.
But IP Address Is Often Not Enough
They aren't required by law to store the information for any specific amount of time, so they set their own policies governing the deletion of files.
Roberts said that from his experience, ISPs tend to delete IP information after about six months; Web companies, such as Google, tend to hold on to information for longer.
The information held by the ISP, however, is actually more critical, he said. While an IP address stored by a website might be able to lead a forensic expert to the ISP that enabled the Internet connection, the IP address held by an ISP can actually lead the expert to an Internet troll's front door.
But Internet companies don't just hand over these keys. A subpoena and, in some cases, a court order, are necessary to force the companies to release the IP addresses.
Even after Roberts obtains the requested IP addresses, his job is not always finished.
"So many cases fail, whether it be harassment, wire fraud, whatever it might be, because it's like a doorway we know the person walked through, but so did 100 other people," he said.
An IP address can tell him where the poster's computer may be located, but it doesn't absolutely link a specific person to that computer.
To identify the individuals behind online attacks, Roberts said he uses a combination of high-tech expertise and old-fashioned instinct.
Digital Forensics, Linguistics Help Identify Online Attackers
"We have to triangulate the individual with digital evidence that can't be obtained electronically," he said.
Assuming a victim has a sense of who might be behind the attacks (which they often do, he said), he and his specialized team reach into their black box of tricks to map out the individual's social network.
Using what he called "social forensics," they figure out the person's friends, most frequented sites and habits online.
"They leave lots of electronic footprints," he said.
In 75 to 85 percent of the cases, those tactics are enough to positively identify the perpetrators of online attacks, Roberts said. But in some cases, he goes a step further, enlisting a Ph.D.-trained forensic linguist.
"[She] can examine known samples of writing with the anonymous writings and link them together with the little idiosyncrasies in the person's prose," he said.
While Roberts does take on several cases on a pro bono basis, he said, most cases cost about $5,000 to $10,000 (not including legal fees which, depending on the circumstances, can significantly inflate the price).
But his clients say that the expense is worth it.
Patty McPeak, founder of natural products company Nanacea, said that after she left her previous company, where she had been CEO, online commenters wrote vicious posts about her and her family.
The ordeal continued for about two years, but Roberts' company helped expose the commenters. And when McPeak let them know that she had learned their identities, the online onslaught stopped.
At 69-years-old, she said, she had no desire to spend her golden years suing them, but just knowing who was behind the attacks was enough.
"I would have gone to my grave wondering who would have said such awful things about me," said McPeak, who lives in El Dorado Hills, Calif. "I have such peace of mind knowing who these people are. It would never have been possible without this." ..Source.. by ABC News
Judge certifies sex offender's class-action suit
3-4-2010 Indiana:A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
The American Civil Liberties Union of Indiana filed suit in October 2009 on behalf of David Schepers, who is listed on the Indiana Sex and Violent Offender Registry as a sex offender and a violent offender. Schepers was convicted of two sex offenses - rape in 1987 and two counts of child exploitation in 2006. He is challenging his listing as a sexually violent predator and that the registry states he was convicted of two rapes instead of one.
Schepers claims because the DOC doesn't have a process to challenge factually erroneous information or inform registrants of such a process, this violates his due process rights and the due process rights of all other registrants.
The DOC challenged Schepers' motion for class certification, arguing his class definition isn't specific enough, and others haven't come forward to say their information is incorrect and there's no way to fix it.
U.S. District Judge William T. Lawrence of the Southern District of Indiana found Schepers' suit satisfies the requirements of Federal Rule of Civil Procedure 23(a) and (b). His proposed class is specific enough: those who are on the registry are putative class members; those who are not on it are excluded from the class. The number of registered offenders is so large that joinder of all of them would be impracticable.
Schepers doesn't have to show that others want to challenge their listing in the registry, only that the DOC has failed to inform registrants how to challenge their listing. In addition, Schepers has shown he is an appropriate class representative, and if he prevails on the merits, injunctive relief will be appropriate.
A bench trial for David Schepers, et al., v. Commissioner, Indiana Department of Correction, No. 1:09-CV-1324, has been scheduled for 9 a.m. on Aug. 1, 2011. ..Source.. by Jennifer Nelson, ImdianaLawyer.com
A sex offender's free expression -- Man on registry challenges law preventing him from photographing minors
4-2-2010 Wisconsin:
RACINE - A local man has raised a free speech challenge to a state law that prevents anyone on the sex offender registry from taking photographs of minors without their parent's permission.
_____, of the Town of Burlington, is on the sex offender registry, for a 1991 conviction of second-degree sexual assault of a child. Details about that conviction were not available from Waushara County officials.
____ was arrested last year after someone saw him taking photographs of children playing on a swim raft in Browns Lake.
Wisconsin law prohibits anyone on the sex offender registry from taking photographs of children unless they have received consent from the child's parent or guardian. Witnesses told police that ____ was on a pontoon boat with a telephoto lens, taking photographs of a group of girls playing on the raft. When officers talked to the girls' parents, they said they had not given _____ permission to take any pictures.
He was charged with four counts of being a registered sex offender who intentionally took photographs of a minor without consent of the child's parent or guardian.
____'s attorney, John Birdsall, filed two motions asking for dismissal of the charges. In them he argues that the statute is too broad, and infringes upon his client's right to free expression through photography, and that the statute enacted eight years after _____ completed serving his sentence amounts to a retroactive punishment for his crime.
Birdsall said the law is too broad because it "prohibits (____) from taking or possessing visual images that are in no way related to the sexual exploitation of children."
For example, Birdsall claims the statute makes no exceptions for mistakes made in a subject's perceived age or for things like a photograph that contains a single underage child in a large group of adults.
Birdsall went on to say the law does nothing to prevent a sex offender from paying a parent or guardian money to obtain consent to take photographs that came close to being pornography, while preventing the registrant from being allowed to photograph a football game for a newspaper.
He also notes that if a registrant came upon a crime scene or emergency situation where a minor was involved, the statute effectively prohibits them from "pull(ing) out their cell phone and preserv(ing) evidence by photographing the event" without subjecting themselves to prosecution.
"The potential list of absurd results inherent in the consent provisions of the statute is endless," Birdsall wrote.
In the other motion, Birdsall says that the law should not apply to ____ because it was enacted after his sentence had ended. ____ was sentenced to six years probation for his original offense, and was required to register as a sex offender starting in September 1997.
His attorney wrote that ____ appeared to have complied with registry requirements.
In 2001 he was told he had to register as a sex offender for the rest of his life, and was told in May 2007 that he was now prohibited from taking photographs or videotapes of anyone younger than 17 without the consent of the minor's parent or guardian.
Birdsall argues that the additional requirements enacted in 2006 should not retroactively apply to people who, like ____, had to register before that date.
He said ____ also plans to challenge the requirement that he register for life, when he was originally told he would have to register for 15 years.
A copy of the motions has been filed with the Wisconsin Attorney General; that office has yet to respond. ____'s jury trial is set for July 20. ..Source.. JANINE ANDERSON
Judge: Ruling against sex offender stands
1-7-2011 Wisconsin:
Burlington-area man took photos of children in '09 without parents' consent
RACINE - A Town of Burlington man unsuccessfully challenged a state law that prohibits sex offenders from photographing children without their parents' consent, after he was charged here for doing exactly that.
____, of the 3000 block of Cottonwood Court, is on the sex offender registry for a 1991 conviction from Washburn County for sexual assault of a child. He was on a pontoon boat on Browns Lake on July 11, 2009, when he allegedly used a telephoto lens to photograph teen and preteen girls who were on a swim raft.
Other people on the lake that day reported his actions to law enforcement. When asked, the girls' parents told law enforcement they had not given permission to photograph their daughters.
Defense attorney John Birdsall filed several motions challenging the charges against his client. He argued the statute is too broad and infringes upon his client's right to free expression through photography, and that the statute enacted eight years after completed serving his sentence amounts to retroactive punishment for his crime.
But Circuit Court Judge Gene Gasiorkiewicz said legislators are able to pass laws restricting certain rights in the interest of protecting the public. Gasiorkiewicz said the statute appropriately puts the restriction on a small group of people - sex offenders on the registry - and gives them the ability to get around the restriction by getting permission from parents.
This is appropriate, Gasiorkiewicz said, in part because of the high re-offense rate for sex offenders. He read from several studies, and said those showed "the mere taking of photos of children in swimwear can serve as a source of arousal with respect to known sex offenders."
He said he believes the restriction also protects sex offenders. This kind of prohibition, he told ____, is also a treatment strategy "to help you by keeping yourself away from situations ... which will create you back into a situation where you may be aroused or get back into criminal activity," he said.
Taking pictures of children, Gasiorkiewicz said, even ones that are not suggestive, "may be a pretext to getting engaged with (the children), or getting them involved with the sex offender."
Birdsall said they intend to appeal the judge's decision. He believes this is the first time anyone has challenged this law in court. ..Source.. by JANINE ANDERSON
Sex offender avoids jail sentence
6-11-2011 Wisconsin:
He was caught taking photos of swimmers
A registered sex offender from Burlington was spared jail time, but was ordered to comply with a lengthy list of conditions, in a ruling Tuesday from a nearly 2-year-old case that involved photographing minors swimming on Browns Lake.
Racine County Circuit Court Judge Eugene Gasiorkiewicz said he was withholding sentencing for ____, but placed him on a two-year probation and ordered him to pay $1,000 in fines and court costs.
____ was arrested in July 2009 after taking photos of four teenage girls on a swimming platform near Brandy Bay at the south end of Browns Lake. At the time, witnesses reportedly saw _____ taking the photos from a pontoon boat and brought it to the attention of a Town of Burlington Water Patrol officer.
Gasiorkiewicz's provisions Tuesday also included a mandate he continue to seek therapy - a measure he already had been taking on his own accord. He also is to have no contact with the victims or any other minors who are not related, stay current with the state's sex offender laws and refrain from having a computer that connects to the Internet.
While delivering his ruling, Gasiorkiewicz said the conditions are an effort not only to protect the public at large, but _____ himself.
"You need to make better decisions," Gasiorkiewicz said. "You need to find those things in your life that are harmful ... and avoid them. The law is set up to protect children so they can be just that - carefree children."
____'s attorney, John Birdsall, had presented Gasiorkiewicz with numerous letters from family, friends and clergy that vouched for ____'s character. Birdsall said ____'s actions of two years ago were a reflection of his not fully understanding sex offender laws.
"There seems to have been this constant theme ... that he's not taking responsibility for his actions when, in fact, he has," Birdsall said. "He claimed ignorance, and when he learned he was not taking responsibility for his actions he pled guilty."
Birdsall said ____ is an avid photographer, with more than 40,000 images in his portfolio, and was out on the lake photographing sunsets that particular day.
"The attempt to paint him as a perverted guy on the lake is completely the opposite of what his family and friends say," Birdsall said. "He didn't legitimately understand the law, and he's very remorseful about this."
_____ spoke briefly prior to the judge's ruling. "I had absolutely no intent to cause anyone harm," he said. "I am truly sorry that my actions caused distress and concern for people. I know now that this is against the law. I don't want anyone upset or hurt."
___'s sex offender status stems from a 1991 conviction of second-degree sexual assault of a child in Washburn County. ..Source.. by Dave Fidlin
CORRESPONDENT
RACINE - A local man has raised a free speech challenge to a state law that prevents anyone on the sex offender registry from taking photographs of minors without their parent's permission.
_____, of the Town of Burlington, is on the sex offender registry, for a 1991 conviction of second-degree sexual assault of a child. Details about that conviction were not available from Waushara County officials.
____ was arrested last year after someone saw him taking photographs of children playing on a swim raft in Browns Lake.
Wisconsin law prohibits anyone on the sex offender registry from taking photographs of children unless they have received consent from the child's parent or guardian. Witnesses told police that ____ was on a pontoon boat with a telephoto lens, taking photographs of a group of girls playing on the raft. When officers talked to the girls' parents, they said they had not given _____ permission to take any pictures.
He was charged with four counts of being a registered sex offender who intentionally took photographs of a minor without consent of the child's parent or guardian.
____'s attorney, John Birdsall, filed two motions asking for dismissal of the charges. In them he argues that the statute is too broad, and infringes upon his client's right to free expression through photography, and that the statute enacted eight years after _____ completed serving his sentence amounts to a retroactive punishment for his crime.
Birdsall said the law is too broad because it "prohibits (____) from taking or possessing visual images that are in no way related to the sexual exploitation of children."
For example, Birdsall claims the statute makes no exceptions for mistakes made in a subject's perceived age or for things like a photograph that contains a single underage child in a large group of adults.
Birdsall went on to say the law does nothing to prevent a sex offender from paying a parent or guardian money to obtain consent to take photographs that came close to being pornography, while preventing the registrant from being allowed to photograph a football game for a newspaper.
He also notes that if a registrant came upon a crime scene or emergency situation where a minor was involved, the statute effectively prohibits them from "pull(ing) out their cell phone and preserv(ing) evidence by photographing the event" without subjecting themselves to prosecution.
"The potential list of absurd results inherent in the consent provisions of the statute is endless," Birdsall wrote.
In the other motion, Birdsall says that the law should not apply to ____ because it was enacted after his sentence had ended. ____ was sentenced to six years probation for his original offense, and was required to register as a sex offender starting in September 1997.
His attorney wrote that ____ appeared to have complied with registry requirements.
In 2001 he was told he had to register as a sex offender for the rest of his life, and was told in May 2007 that he was now prohibited from taking photographs or videotapes of anyone younger than 17 without the consent of the minor's parent or guardian.
Birdsall argues that the additional requirements enacted in 2006 should not retroactively apply to people who, like ____, had to register before that date.
He said ____ also plans to challenge the requirement that he register for life, when he was originally told he would have to register for 15 years.
A copy of the motions has been filed with the Wisconsin Attorney General; that office has yet to respond. ____'s jury trial is set for July 20. ..Source.. JANINE ANDERSON
Judge: Ruling against sex offender stands
1-7-2011 Wisconsin:
Burlington-area man took photos of children in '09 without parents' consent
RACINE - A Town of Burlington man unsuccessfully challenged a state law that prohibits sex offenders from photographing children without their parents' consent, after he was charged here for doing exactly that.
____, of the 3000 block of Cottonwood Court, is on the sex offender registry for a 1991 conviction from Washburn County for sexual assault of a child. He was on a pontoon boat on Browns Lake on July 11, 2009, when he allegedly used a telephoto lens to photograph teen and preteen girls who were on a swim raft.
Other people on the lake that day reported his actions to law enforcement. When asked, the girls' parents told law enforcement they had not given permission to photograph their daughters.
Defense attorney John Birdsall filed several motions challenging the charges against his client. He argued the statute is too broad and infringes upon his client's right to free expression through photography, and that the statute enacted eight years after completed serving his sentence amounts to retroactive punishment for his crime.
But Circuit Court Judge Gene Gasiorkiewicz said legislators are able to pass laws restricting certain rights in the interest of protecting the public. Gasiorkiewicz said the statute appropriately puts the restriction on a small group of people - sex offenders on the registry - and gives them the ability to get around the restriction by getting permission from parents.
This is appropriate, Gasiorkiewicz said, in part because of the high re-offense rate for sex offenders. He read from several studies, and said those showed "the mere taking of photos of children in swimwear can serve as a source of arousal with respect to known sex offenders."
He said he believes the restriction also protects sex offenders. This kind of prohibition, he told ____, is also a treatment strategy "to help you by keeping yourself away from situations ... which will create you back into a situation where you may be aroused or get back into criminal activity," he said.
Taking pictures of children, Gasiorkiewicz said, even ones that are not suggestive, "may be a pretext to getting engaged with (the children), or getting them involved with the sex offender."
Birdsall said they intend to appeal the judge's decision. He believes this is the first time anyone has challenged this law in court. ..Source.. by JANINE ANDERSON
Sex offender avoids jail sentence
6-11-2011 Wisconsin:
He was caught taking photos of swimmers
A registered sex offender from Burlington was spared jail time, but was ordered to comply with a lengthy list of conditions, in a ruling Tuesday from a nearly 2-year-old case that involved photographing minors swimming on Browns Lake.
Racine County Circuit Court Judge Eugene Gasiorkiewicz said he was withholding sentencing for ____, but placed him on a two-year probation and ordered him to pay $1,000 in fines and court costs.
____ was arrested in July 2009 after taking photos of four teenage girls on a swimming platform near Brandy Bay at the south end of Browns Lake. At the time, witnesses reportedly saw _____ taking the photos from a pontoon boat and brought it to the attention of a Town of Burlington Water Patrol officer.
Gasiorkiewicz's provisions Tuesday also included a mandate he continue to seek therapy - a measure he already had been taking on his own accord. He also is to have no contact with the victims or any other minors who are not related, stay current with the state's sex offender laws and refrain from having a computer that connects to the Internet.
While delivering his ruling, Gasiorkiewicz said the conditions are an effort not only to protect the public at large, but _____ himself.
"You need to make better decisions," Gasiorkiewicz said. "You need to find those things in your life that are harmful ... and avoid them. The law is set up to protect children so they can be just that - carefree children."
____'s attorney, John Birdsall, had presented Gasiorkiewicz with numerous letters from family, friends and clergy that vouched for ____'s character. Birdsall said ____'s actions of two years ago were a reflection of his not fully understanding sex offender laws.
"There seems to have been this constant theme ... that he's not taking responsibility for his actions when, in fact, he has," Birdsall said. "He claimed ignorance, and when he learned he was not taking responsibility for his actions he pled guilty."
Birdsall said ____ is an avid photographer, with more than 40,000 images in his portfolio, and was out on the lake photographing sunsets that particular day.
"The attempt to paint him as a perverted guy on the lake is completely the opposite of what his family and friends say," Birdsall said. "He didn't legitimately understand the law, and he's very remorseful about this."
_____ spoke briefly prior to the judge's ruling. "I had absolutely no intent to cause anyone harm," he said. "I am truly sorry that my actions caused distress and concern for people. I know now that this is against the law. I don't want anyone upset or hurt."
___'s sex offender status stems from a 1991 conviction of second-degree sexual assault of a child in Washburn County. ..Source.. by Dave Fidlin
CORRESPONDENT
Lack of evidence leaves a cloud over child-rape case
12-11-2010 Illinois:Trial highlights challenges surrounding one of the most sensitive areas of justice, experts say
After midnight, when he no longer had homework or theater rehearsals to distract him, David Goodman would leave his Champaign fraternity house, lock himself in his car and make desperate phone calls to his family.
For the three years he awaited trial on charges he raped a 5-year-old boy when he was a summer camp counselor in Lake Forest, his terror never subsided, he said. He considered suicide, figuring if he were sent to prison as a convicted child molester, he'd be killed anyway, he said.
"It's a life sentence, but in my mind it's a death sentence," said Goodman, 24, of Chicago.
His three years in what he called "an unbelievable hell" ended last month when a Lake County judge found him not guilty on all charges in a case his lawyers and family insist should never have been prosecuted.
Prosecutors never claimed to have much evidence beyond the boy's account, his mother's hearsay and her son's diagnosis of post-traumatic stress disorder after camp. Assistant Lake County State's Attorney Ari Fisz said his office brought the case because prosecutors believed the boy, and Fisz said after the acquittal, he still believed him.
Defense lawyer Steven Miller said officers from the Lake County sheriff's department and prosecutors had to ignore a "small mountain of evidence" to believe the boy, including discrepancies between his version of what happened and his mother's description. The boy, now 8, also gave an account at trial that appeared to contradict itself and didn't match his earlier statements, Miller said.
The case highlights challenges surrounding one of the most sensitive areas of justice, experts say. Children's advocates, pediatricians and prosecutors say kids rarely lie about sexual abuse, and it is crucial their allegations aren't greeted with the dismissive skepticism that has stigmatized sexual assault victims.
But advocates and prosecutors also say they rarely find physical evidence or witnesses, and many sexual assault cases rely on the word of the accuser. In a system that calls for guilt beyond a reasonable doubt, prosecutors are left to assess the credibility of an alleged child victim before bringing a case that can have grave consequences for the accuser and the suspect.
"Even if they question this child in the best possible way, with no physical evidence and a 5-year-old victim, it's very difficult to be certain," said Bruce Boyer, a child-welfare law specialist at Loyola University Chicago School of Law. ..Source.. by Dan Hinkel, Tribune reporter
John Stossel Sex and the Rules
Breaking News: Breasts Are Popular
Study Finds Breasts Might Fascinate Women As Much As Men
To the end of line, men. Women are also intrigued by men.
Since the beginning of time, there have been prehistoric beasts, the battle for survival and breasts. Also since the beginning of time, there have been men obsessed with breasts. Coppell's Tony says, "Hello?" Yes, they are." But hang with me, Tony. There is something more surprising: women might be just as interested in their chests as men are. Jordan Cotton says, "It's part of the sex appeal, the whole sex appeal idea."
Men's Health surveyed 700 women and found most of them consider "their girls" to be key parts of their sexual identity. 62% of the responding women said it's more exciting to pull off their tops than their bottoms. 78% prefer to be on top during sex to better show off their breasts. And size, at least in this case, may not matter. Katy Gregson says, "I'm not real 'chested', but I still get the same treatment as girls who have bigger chests do. Guys still look at me the same."
We hit Tilted Kilt in Grapevine to investigate why guys like women's breasts. But Jim McClellan stopped us in our tracks, saying, "It's obvious."
Okay, Jim, so maybe it was a dumb question. Tony answered it for me anyway, "We don't have them. It's different. They're all different. They're all shaped differently. It's a beautiful thing. And it's a taboo women have to cover them up, so men want them even more."
Men's Health found women don't mind. 75% of those surveyed think men's fascination with what's south-of-their-face is harmless. 70% assume most guys are breast men. Jordan Cotton, a server at Tilted Kilt, says, " Yeah, they do like boobs. People pay thousands of dollar, they have payment plans on boobs and people who don't even have a car can afford to buy boobs these days."
So, alas, some men have no chance against the chest. Arlington's Jimmy Varga says, "When you take a look at advertising and marketing and what's all over tv and what sells, c'mon, breasts sell."
Apparently, we're all buying. ..Source.. by Shana Franklin
Since the beginning of time, there have been prehistoric beasts, the battle for survival and breasts. Also since the beginning of time, there have been men obsessed with breasts. Coppell's Tony says, "Hello?" Yes, they are." But hang with me, Tony. There is something more surprising: women might be just as interested in their chests as men are. Jordan Cotton says, "It's part of the sex appeal, the whole sex appeal idea."
Men's Health surveyed 700 women and found most of them consider "their girls" to be key parts of their sexual identity. 62% of the responding women said it's more exciting to pull off their tops than their bottoms. 78% prefer to be on top during sex to better show off their breasts. And size, at least in this case, may not matter. Katy Gregson says, "I'm not real 'chested', but I still get the same treatment as girls who have bigger chests do. Guys still look at me the same."
We hit Tilted Kilt in Grapevine to investigate why guys like women's breasts. But Jim McClellan stopped us in our tracks, saying, "It's obvious."
Okay, Jim, so maybe it was a dumb question. Tony answered it for me anyway, "We don't have them. It's different. They're all different. They're all shaped differently. It's a beautiful thing. And it's a taboo women have to cover them up, so men want them even more."
Men's Health found women don't mind. 75% of those surveyed think men's fascination with what's south-of-their-face is harmless. 70% assume most guys are breast men. Jordan Cotton, a server at Tilted Kilt, says, " Yeah, they do like boobs. People pay thousands of dollar, they have payment plans on boobs and people who don't even have a car can afford to buy boobs these days."
So, alas, some men have no chance against the chest. Arlington's Jimmy Varga says, "When you take a look at advertising and marketing and what's all over tv and what sells, c'mon, breasts sell."
Apparently, we're all buying. ..Source.. by Shana Franklin
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