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.
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