pin up
Homepage

BlogAds
Google Ads

Donate & Domains
Tip Jar!
Dreamhost!


Burnt Orange Reporters
Publisher - Karl-Thomas M.
Editor-in-Chief - Matt G.
Writer - M. Eddie R.
Writer - Glen M.
Writer - John M.
Writer - Jose B.
Writer - Sam J.
Writer - Todd H.
Writer - Vince L.
Regional - Cody Y.
Regional - Kirk M.
Founder - Byron L.

Texas BlogWire
Austin Homes
Add this box to your siteAustin Homes

A Closer Look at Jessica's Law

by: Todd Hill

Mon Jan 29, 2007 at 13:13:13 PM CST


About a week ago I championed Lt. Governor David Dewhursts version of Jessica's Law as a sensible approach to protecting Texas children from pedophiles.  After some time to examine and reflect, along with some enlightenment by friends at Their Voice, I believe that Jessica's Law must be revised in order to even pass the Texas legislature and truly be an efficient statute.

As Dewhurst's version of the law is currently written, the Statute of Limitations for a victim to come forward with allegations of assault, indecency, or otherwise sexual contact would end at the age of 38.  This must be revised because as we have seen with the Boston Archdiocese, and even disgraced former Republican congressman Mark Foley, an individual can be well into their 50's and 60's before a predator is exposed for past crimes.  Most states have taken the lead of the federal government with the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (PROTECT), by simply abolishing the SOL on this particular abuse.  Jessica's Law must abolish, not extend, the SOL for it to truly be effective in protecting children.  Most children, like I was, are afraid to come forward and identify their assailant.  Young males in particular feel ashamed, and many children are just simply manipulated, threatened, and/or intimidated to the extent they may never come forward.  There should be no barrier to a child, or adult, in mustering the courage to finally bring their assailant to face lady justice.  Trust me, a pedophile never stops no matter how old they are.  Currently, Senator Rodney Ellis (D-Houston) and Representative Jose Menendez (D-San Antonio) have authored bills (SB97 and HB204 respectively) abolishing the SOL in Texas.  Each of them deserves our full support in this effort.

Lets look at the required death penalty clause that is part of Jessica's Law.  Having personally been victimized by a pedophile, and my family having an extensive history with this particular crime, I would have no problem in seeing a predator put to death.  Having said that, I must check my emotions here and realize the reality of the situation.  This clause will not pass the current state house or senate.  And being the Democrat that I am, I believe that life without the eligibility of parole is the most sensible and realistic approach we can expect to actually pass here in Texas.  Worse then death in my opinion is an individual having to sit in their small confined cell, forever imprisoned with the thoughts and memories of their heinous acts.  Satisfaction for the victims would be the thought that this criminal would no longer be on the streets to prey on children.  We need stricter laws in place now that will curb abuse against children and we can't allow important legislation to be hung up each passing day simply debating whether a pedophile should be killed or stuck in prison.  In bi-partisan spirit, both chambers of the Texas legislature must compromise and send these predators to prison for life. 

As to GPS monitoring of pedophiles, well, I've had a come to Jesus moment on that as well.  The astronomical costs in implementing such a system would allow offenders currently on the states tracking system, and those needing to be added, to slip through the cracks easily during this transition.  Not to mention the constitutional infringement of individual rights, despite their crime having violated another individuals rights.  Frankly, unless the legislature gets serious and truly decides to find other means of paying our bills, such as legalized gambling or a state income tax, we can't expect a system like this to be implemented even if the law were to pass as it is currently written.  It is a political showpiece and something to tout while ambitiously seeking higher office.  The legislature must instead work with the Texas Attorney General, and closely with local municipalities, as well as state law enforcement officials to beef up predator patrols.  They must also reach out to citizen action groups and watch dog organizations and form an alliance to continue and monitor registered pedophiles.  Maybe we can get to GPS tracking but not right now. 

Jessica's Law can be a useful tool but only if certain aspects of the law are modified and enhanced in order to do the job right.  No doubt that Dewhurst has ambitions beyond Lt. Governor, probably senator in fact, but that doesn't mean you sell out Texas children for self-political gain.  We need to encourage representatives to focus on bills that will put teeth in Jessica's Law.  A good step is one that I'm teaming with Their Voice on, and that is lobbying local District Attorney's offices to support abolishing the SOL.  This first step is important in implementing wider laws that root out pedophiles and bring them to justice. 

Tags: (All Tags)
Print Friendly View Send As Email
A Closer Look at Jessica's Law | 11 comments | Time to post comments expired.
Common sense laws (0.00 / 0)
Seeing as how we cant track a shipping container from point A to point B, I really cant see us GPS'ing a sex offender. So you're right there.

I think if the system spent more time trying to understand the minds of sex offenders and pedophiles we could probably come up with better solutions at preventing them from doing such things. It is obviously an illness in someone's brain that would make them want to harm a child. Simply throwing someone in jail, or putting them on lists, without any psych treatment doesn't prevent it from ever happening again if the offender is let back out on the street.

John for Dallas City Council

by: John McClelland @ Mon Jan 29, 2007 at 13:41:00 PM CST
[ Reply ]
Excellent points (0.00 / 0)
Thanks for a well thought out diary about this important issue.

I am curious about how those convicted of sex crimes are actually addressed in Texas. Do we still have a one size fits all standard for registering, being reported publicly as, and the regulations regarding lawfull actions of sex offenders?
I personally am concerned that a 20 year old who has sex with his 17 year old girlfriend not be lumped in together with a 30 year old who molests an 8 year old. To me these are two very different crimes.
My concern is less with the 20 year old, than with the overwhelming number of registered sex offenders. I would like to be able to look at an individual and know whether they are someone I need to be concerned about with my young child or not. Not I guess that you can ever really know.

Prisoner of hope.

by: comeon @ Mon Jan 29, 2007 at 18:47:36 PM CST
[ Reply ]
Fine and good, but Dewhurst needs a broader view of "protecting children" (3.00 / 1)
The attention to this issue and the analyis and the efforts to improve the policy are all important, but all those ads that Dewhurst ran last year about protecting the children of Texas are total BS. He could protect many more children by pushing his party to on children's health care, tax policies that support good schools, etc. Gimme a break. We shouldn't let that point slide amidst all the happy talk about protecting children.
by: Pedro Sanchez @ Mon Jan 29, 2007 at 21:43:32 PM CST
[ Reply ]
 
This "Happy" talk
IS to protect children.  Jessica's Law is Dewhurst's baby and he will ram it through.  It is our job to make sure we get the most effective bill we can that truly protects children.

Considering it was Republicans who slashed CHIPS, and taxed the hell out of Texans while allowing schools to continue and fall farther and farther down the 50 state rankings, it is fair to say Dewhurst, or Republicans in general,do not have CHIPS and tax policies for better schools as legislative priorities.  They should, but they don't. 

I believe Jessica's Law, with the revisions, is something Democrats can pick up this session and really champion.  It is Dewhurst's pet issue but if Dem's pull the rug out from under him on this it will be a strong bullet point for Democrats running for re-election to the legislature in 2008.

Steal the legislation, Democrats!

TMH

TMH 

"You must be the change you wish to see in the world." - Mahatma Gandhi

by: Todd Hill @ Tue Jan 30, 2007 at 08:20:21 AM CST
[ Parent ]
I hate to self-promote... (0.00 / 0)
...but I wrote a journal about Sen. John Whitmire's reaction to the plan here:
Dewhurst's New Plan
by: Michael Redding @ Mon Jan 29, 2007 at 23:16:08 PM CST
[ Reply ]
Closer Look at Jessica's Law (5.00 / 1)
Pedophiles and sex offenders are used to describe anyone who must register as a sex offender regardless of the crime, how many years ago the crime took place, and whether or not the individual has committed multiple crimes.  Jessica's Law does not take any of these points into account.  Here is a quote from Corey Yung who writes on this subject: the best policy alternative for tailoring sex offender policy to the nature of the problem includes a move to individualization in sex offender sentencing; provisions for judges to have full access to relevant clinical, actuarial, and social science data about sex offenders; and allowing judges a full menu of sentencing options. These reforms will avoid the worst effects of residency restriction approaches while being substantially more effective in the fight against sex crimes. 

One of the leading experts on sex offender policy had this to say:
"If these ordinances worked, I'd be all for them," said Kim English, a national expert on managing sex offenders and director of the office of research and statistics for the Colorado Division of Criminal Justice. "They are emotionally based and not based on any of the evidence of what works and what doesn't. The best protection we can have is to know where they are at and who they are hanging around with." . . .
Since these two people are experts, I come to you using their words to describe what I have tried to explain in my layman's terms.  Todd, I can tell you are a thinking man who has given this subject the utmost consideration.  I appreciate that your attitude toward GPS has changed.  Please try to keep your personal experiences out of the picture when promoting this law of banishment.  Thank you.

by: leahs @ Tue Jan 30, 2007 at 00:47:58 AM CST
[ Reply ]
 
Unfortunately or Fortunately
one's personal experience allways informs their opinion and perspective. It is unavoidable, and does not mean one can not be fair or objective.
I'm sure you have personal experiences that inform your own ideas.

Now, for the good part. Thanks for a great comment, this is exactly what I was asking for in my comment. I think the best way to protect children is to not treat someone who had consensual sex with a teenager only 3 years younger than them (not that, that should in any way be ok,) the same as someone who assaults a 7 year old. I think pre and post pubescent sex crimes should be differentiated against, ( actually I think perhaps they are), but the details of the crime should taylor the punishment. This would not only be fair to the offender, but more importantly, would reserve the strictest monitoring and laws for those who are truly the greatest danger.

Prisoner of hope.

by: comeon @ Tue Jan 30, 2007 at 06:48:30 AM CST
[ Parent ]
 
Thanks
for your comments; however, I will not refrain from adding my personal experiences simply because it shows my evolution of thought and enlightenment.  This addition, captured in both of my posts, showed exactly how I evolved from one point to the next.  All of which is relevant.  I believe it also further brings legitimacy to the subject itself.  Having gone through something as traumatic as this, including the entire process of putting the pedophile in jail, and streaming through the bureaucratic mess known as our criminal justice system, truly adds insight and relevance to the subject matter. 

The bottom line is, Dewhurst is going to push Jessica's Law through the senate because it is his baby and the law is flawed.  We need to make sure the law is right, not wrong, period.  He is going to champion in his next campaign, likely for the US Senate, as a badge of honor.  When in reality it is a disservice to the criminal justice system and will not curb predatory attacks on children. 

The three angles I bring up in this post are the closest to bi-partisan support that will strengthen the law itself and likely result in passage of a law that will protect children.  As to adolescent consensual sex between two willing partners, that is a different story, and one that I'm not as moved to focus on at this point.  I encourage you to do so though as to show another angle of Jessica's Law that must be addressed.

TMH

"You must be the change you wish to see in the world." - Mahatma Gandhi

by: Todd Hill @ Tue Jan 30, 2007 at 08:03:15 AM CST
[ Parent ]
Just a side note... (0.00 / 0)
John Walsh made demands today for tougher laws in Texas against sex offenders.
by: Sam Jones @ Tue Jan 30, 2007 at 08:21:53 AM CST
[ Reply ]
Statute of limitations (0.00 / 0)
I have to disagree with everyone's rush to end the Statute of Limitations (Sol's) for sexual crimes against children.

Traditionally, Sol's have existed only for murder and certain other capital offenses. To begin extending them for other types of crimes (as heinous as they may be) goes against the purpose of an SOL.

Any psychologist or doctor will confirm that people's memories change with time. Many times, our minds take memories from our past and make them better than they actually were. The same for negative memories. Additionally, our memories are not always accurate. Remember the study that was conducted that showed four individuals that saw the same auto accident though had four different versions?

Though evidence may not lie, people sometimes do (or as in above, simply have changed the circumstances of the situation in their own minds.) The Sol's for crimes exist because of these "human" limitations. And since crimes of a sexual nature often involve only one person's word against another, could not a persons attitudes, opinions or even honesty about a given situation that happened years ago change through time?

Additionally, any divorce lawyer will tell you that in today's child custody suits, the child sexual abuse card is used (or insinuated) in many, many cases where none actually existed. For those falsely accused (and there are many), the thought of having to live under the constant threat of criminal action until your death is, in and of itself, cruel and unusual punishment.

Sexual abuse of children is a terrible crime - there is no doubt about it. But in forming criminal laws, we must use our logic and think about ALL the ramifications of such changes - not simply form our laws based on our emotions about a subject.

by: gayinmidland @ Tue Jan 30, 2007 at 10:08:46 AM CST
[ Reply ]
 
Disagree
The SOL must be eliminated on sexual assualt cases.  Most times the victim does not come forward right away it takes time to muster the courage to do so.  And in most cases the pedophile continues to prey on victims consistently afterwards.  Look at the various clergy around the United States who preyed on alter boys for generations.  Someone molested by the clergy in the 1960's didn't have the courage to come forward till a child in 2006 did.  You build a case and demonstrate a timeline of predatory assaults.  That individual in the 1960's becomes a key component of the case at that point.  No SOL allows that individual to receive their due justice. 

Yes, of course there are false claims made, as there are with many crimes in Texas and around the nation.  People, including politicians, clergy, entertainers and otherwise, abuse the system.  Claims are investigated and should there be enough evidence to demonstrate truth then obviously they move forward, if not the charges are dropped. 

In the case of my sister, the assailant accussed my brother and I of assaulting my sister, not my grandfather.  The police investigated and came to the conclusion rather quickly that it was a false claim with absolutely no evidence behind it.  The system worked in my case and I'm obviously very thankful. 

Bottom line is that a law will never be created that accounts for all scenarios.  There are folks who unfortunately fall through the cracks.  But we must look at the risk and reward factors here.  We take a huge risk by not getting tough on child molestors, Texas is one of the weakest states on this particular crime.  The reward is getting predators off the streets and allowing victims to come forward in an easier fashion, coupled with the proper counseling to rehabilitate a victim. 

Children represent the future and we have a responsibility to provide them an environment to grow physically, mentally, and emotionally.  That means putting as many predators behind bars that violate a childs individual rights. 

TMH

"You must be the change you wish to see in the world." - Mahatma Gandhi

by: Todd Hill @ Tue Jan 30, 2007 at 10:48:58 AM CST
[ Parent ]
A Closer Look at Jessica's Law | 11 comments | Time to post comments expired.
Menu

Make a New Account

Username:

Password:



Forget your username or password?

Tools
Read BOR Journals
Write New Journal
Your Hot List

About
- About Us
Advertising on BOR
- Our Ad Policies
- See Current Rates
- Buy on the TEXAdS Network

Other Networks
- Liberal Ad Network


Search




Advanced Search

Best of Texas Left
- (Complete Directory 1)
- (Directory 2)

- Agonist
- A Little Pollyanna
- As the Island Floats
- Brains and Eggs
- Casual Soapbox
- Capitol Annex
- Common Sense Blog
- Dos Centavos
- Eye on Williamson County
- Greg's Opinion
- Grits for Breakfast
- Houtopia
- In the Pink Texas
- Jeffersonian
- McBlogger
- Mid-Cities Democrats
- Musings
- Off the Kuff
- Panhandle Truth Squad
- Pink Dome
- The Red State
- Rhetoric & Rhythm
- Rio Grande Valley Politics
- South Texas Chisme
- Texas Kaos
- Truth Serum Blog
Best of Texas Right
- Blogs of War
- BlogHouston
- Boots and Sabers
- Lone Star Times
- Publius TX
- Rick Perry vs the World
- Right of Texas
- Safety for Dummies
- Slightly Rough
- Tom DeLay vs the World
Other Texas Reads
- A Capitol Blog- Rep. Pena
- Burka Blog
- D Magazine
- DOT Show
- Inside the Texas Capitol
- Strong Political Analysis
- Pol State TX Archives
- Quorum Report Daily Buzz
- Statesman Elections
- Texas Monthly
- Texas Observer
Around Austin
- Austin Bloggers
- Austin Chronicle
- Austin Statesman
- Austin Real Estate Blog
- Daily Texan
- Keep Austin Blue
- New Urban Prospect
- Travis County Democrats
- University Democrats
- University of Texas
TX Progressive Orgs
- ACLU Liberty Blog
- Atticus Circle
- Criminal Justice Coalition
- Democracy for Texas
- Desis for Texas
- Drive Democracy
- Equality Texas
- Latinos for Texas
- LULAC Texas
- NOW Texas
- PFAW Texas
- Save Texas Reps
- SEIU Texas
- Tejano Insider
- Texas HDCC
- Texas Watch
- TFN
- TSTA
- Texas Young Democrats
- United Ways of Texas
TX Elections/Returns
- TX Returns 1992-present
- TX Media/Candidate List

- Bexar County
- Collin County
- Dallas county
- Denton County
- El Paso County
- Fort Bend County
- Harris County
- Jefferson County
- Tarrant County
- Travis County

- CNN 1998 Returns
- CNN 2000 Returns
- CNN 2002 Returns
- CNN 2004 Returns
- CNN 2006 Returns
Traffic Ratings
- Alexa Rating
- Technoranti
- TLB Ecosystem
-
-
-
RSS Syndication

Proud member of

The Liberal Blog Network

a FeedBurner Network


Advertise in The Liberal Blog Network

Subscribe to this network


Powered by: SoapBlox