Posted on 12/24/2006 10:24:50 AM PST by Graybeard58
New laws intended to make life safer for children
The Ohio legislature dropped the hammer on sex offenders during the two-year session that just ended, particularly on those who prey on kids.
Their work culminated last week in the passage of a law that sets tougher mandatory minimum sentences for rapists whose victims are younger than 13.
Lawmakers weary of stories about abuse of children, often by repeat offenders, acted in a number of areas. While many of those efforts were already under way, the desire for stronger punishments got a boost in March when a storm erupted over Franklin County Judge John A. Connor’s decision not to sentence a child-sex offender to prison.
"That kind of brought this to a head," said Rep. Jim Hughes, R-Columbus, a former assistant Franklin County prosecutor. "Sometimes, legislation is enacted and drafted because of current events. I think we need to make sure we send a message to people in Ohio that we are protecting our children."
The legislature unanimously passed the most comprehensive sex-offender bill: Ohio’s version of Jessica’s Law, named for a Florida girl who was raped and murdered by a neighbor.
Once Gov. Bob Taft signs it, the law will boost punishment for rape or attempted rape if the victim is younger than 13. For example, the minimum sentence for rape would increase from 10 years to 25 years.
"We’re keeping those individuals off the street so they can’t get back out and repeat those crimes," said bill sponsor Sen. Steve Austria, R-Beavercreek, adding that sex offenders are far more likely to repeat their crimes than other violent criminals.
Instead of sentences for a certain number of years, the bill imposes indefinite sentences for rape of a child. Max Kravitz, a Columbus defense lawyer and veteran member of the Ohio Criminal Sentencing Commission, said the measure starts to dismantle Ohio’s decade-old truth-in-sentencing laws.
"It’s pandering to the public when there is absolutely no need for this legislation at the present time," he said, arguing that the average rapist in Ohio today serves more than 17 years in prison.
John Murphy, executive director of the Ohio Prosecuting Attorneys Association, said he supports the bill and likes that it requires a judge, in addition to the state parole board, to agree to release those offenders no matter how long they’ve been in prison.
"We’re hearing news reports in this state and others that these people are committing these vicious crimes, and then we come to find out they were just recently released for having previously done the same thing," he said. "It’s ridiculous."
Jessica’s Law was the most recent, but certainly not the only, action on such crimes this session. Among other measures passed are those that:
• Impose a mandatory twoyear prison term for sexual battery if the victim is younger than 13.
• Require a mandatory oneyear prison term for gross sexual imposition involving a victim younger than 13, if the perpetrator has a past offense or there is corroborating evidence to prove the case.
• Require judges to impose the maximum sentence for those convicted of three firstor second-degree violent crimes, including sex crimes.
• Increase penalties for public indecency when the victim is younger than 13 and the offender has a past conviction.
• Require that community notification under the Sex Offender Registration and Notification system include a photograph of the offender.
• Require that a released sexually violent predator wear a Global Positioning System device unless the court removes the sexually violent predator classification.
"There’s a public outcry against these types of crimes against children," Austria said. "As legislators, we have a responsibility to deal with that issue."
But lawmakers also have to walk a fine line. Experts warn that they can’t just crank up the punishments.
In March, Judge Daniel T. Hogan, the administrative judge of the 17-member Franklin County Common Pleas bench, told lawmakers that going too far will actually benefit criminal defendants.
"The vast, vast majority of child sex-assault cases are not supported by strong evidence," Hogan said, adding that if stronger punishments push more offenders to opt for trial, fewer convictions will result.
The final version of Jessica’s Law contained a number of lesser punishments than the original version.
The sex-offender issue is not expected to go away. A number of bills didn’t pass and likely will be reintroduced, and Austria said lawmakers will study how to comply with a new federal law that creates stricter requirements for sex-offender registration.
Murphy said he would like to see lawmakers extend indefinite sentencing for sex offenses against children to cases involving victims 13 or older.
When a current flat sentence ends, Murphy said, the offender "is going to be released on that date, no matter what. He can be a raving lunatic; it doesn’t matter. He’s going to come out."
Not very compassionate, but pretty sensible. Glad to see these kinds of laws.
Not very compassionate, but pretty sensible. Glad to see these kinds of laws.
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Just what type and how much compassion do you think a child rapist deserves?
Ya know, this may not be in the spirit of Christmas but for those kind of people I find *very* little compassion.
Execution.
Thank you. I must have misunderstood.
Sex offenses are generally hard to prove, but once proven, the punishment should be harsh. Anybody who violates a child should not get another chance. And while I don't want to see people treated harshly for such cases as he said/she said date rapes that are hard to prove, the perp who jumps a woman in the park and rapes her, IMHO should be killed or locked up forever.
http://www.sho.com/site/announcements/060120sixdocs2.do
My friend is Drew Arvary, the producer of "Sexually Dangerous" he's sent me the rushes, they follow these sex offenders, the success rate in rehabilatation is staggeringly low.
It appear some of the most abnormal, abbhorent human behaviour is "hard-wired" in the brain, a lot of these freaks have wiring problems to say the least. Kind of like serial killers with frontal lobe damage, losing all sense of remorse or compassion or guilt.
You can have these issues hard wired and never act on them also, most of these people are ticking time bombs. They do tests to measure sexual arousal that they can't trick, they hook people up and show them movies of normal sexual behavior and various depraved behaviors, the predators can not control their arousal of their chosen deviancy.
How long before a liberal judge calls long sentences "cruel and unusual"?
I like the law here in Texas for pedophiles. First offense 25 years, second offense you get the death penalty.
I'm not doubting yout word but I can't find anything on that. Do you have a link?
• Impose a mandatory twoyear prison term for sexual battery if the victim is younger than 13.
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Only 2 years?
Sex offenders should generally be executed.
And the victim and the victim's family should be given the right of first refusal to throw the switch (pull the trigger, release the capsule, trip the lever, or whatever).
"Just what type and how much compassion do you think a child rapist deserves?"
A short rope and a tall tree.
Ironically, one of the strongest proponents of anti-sex offender legislation was Mark Foley.
A relative of mine was molested when she was ten years old, from that day on she's been nothing but angry. NO law against pedophiles can ever be to strong. Call me extremist but I believe sexual molestation should be a capital offense, particularly when it's a child that's molested.
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