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Old 10-27-2005, 12:45 AM   #53 (permalink)
BBtB
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Location: Tulsa, Ok.
Hmmm, Just a question, and not to toot my own horn or anything, but I wrote what I thought was a rather thought provoking post, and with the exception of one kudos it has not been discussed at all. Okay less a question then an observation. Now I feel the need to debunk a few things here.

Quote:
Originally Posted by SERPENT7
My biggest problem with this is a little thing called 'double jeopardy'. It basicly means that being punished more than ONCE for a crime is illeagal. (Unconstitutional, actually.)
He has been convicted of a crime, and is still being punished for it, and now his wife and child are made to suffer.
This is also why i disagree with registering sex-offenders on the internet. I think the NCIC is good enough.
Okay I am no lawyer but I am aware of the law you are stating and also quite familiar with CPS law. The short and sweet response to this is that it has nothing to do with double jeopardy because its a brand new case. The longer answer is this; double jeopardy is a law that states you can not be tried again for the same crime. He is not being tried for this crime (he is not being tried at all). The trial that will follow these actions are simply to determine whether or not he should get his son back.

Now, Texx, you said alot so I am not going to bother quoting you but am going to respond to a few things you said. Firstly, in the articles posted here atleast, there was no mention of "sex with a minor". The girls who he was charged with raping were "teenagers", which of course is another broad term that could just as easily be 19 year olds as 13 year olds. One is a minor and one is not. All I know is the charges in the article and the ones he (presumbly) pled guilty to did not list "sex with a minor" or anything to that degree. Now for the sake of argument lets assume these girls where 16 and therefore would be considred minors in most states. I for one know alot of dirty old men who would screw a 16 year old girl if the chance came along. Does that mean these same men would screw a 10 year old? So if a 33 year old was having consenual sex with a 16 year old in a state where that was considered statutory rape and was caught charged and convicted. Does that mean after his release he should be barred from being around 10 year olds? On the flip side, since this guy was NOT charged with statutory but charged with forced rape (but again no "minor" charges that I have seen) lets look at it another way. Lets say some guy has the hots for some girl at work. They are both in their mid 30s. One day he asks her out for coffee, and she agrees. Afterwards he walks her to the door of her apartment where he proceeds to force her in and then rapes her. Again, caught, charged, prison, released. Once again I ask, should we be protecting 10 year olds from this man?
Secondly, just for the record, the child in question is a baby boy. Not a girl. Does it make a difference? No. Does it make a difference in some peoples minds? Assuredly.
Now tex, about your general experience. That is a sad story to say the least, and to get this straight, the man in question is half way released? That is sad if true. That particlar man is one who should be locked up for life, not for rehabilitation purpose of course and not really as a punishment but mearly to keep him off the street. However from what I have read on both cases, which of course is rather little, the seem quite different. On the one hand you have a man who since very young has been exploiting children and other around him. Despite being caught several times and released, continued doing it, and by his own admitance would do it again if he had the chance. He is obviously deeply disturbed and in need of counselling. The facts on the man in question here is a little differnt, now of course we could go on arguing about the possiblitys of him not getting caught before and/or since for a lifetime, and since no one but him will ever know the truth to that we will never get very far. However, here are what the facts look like to me, a man in his mid 30s had, or attempted to sexual relations with two significatly younger females. Now the fact that he obviously still harbors a taste for the younger woman by the fact that he has apparently married a woman 18 years his junior and had a child with her. Of course there is nothing illegal (or for that matter, terribly uncommon) about that. Now roughly twenty years later, with no incident that if CPS is aware of they felt was not worth mentioning to the papers, he has a baby boy (persumbly his second child, because there is veiled references to rumors of improper relations with a daughter, though no mention of charges). Now if there has been no incidents in the past twenty years, why should we believe there should be any now? To the child or infront of the child or where the child could hear about it, or whatever the percieved danger to a sex offender having a child is. That really is the root of this entire debate. I asked questions like this in my first post but they seemed to be mostly ignored so now I am going to be a little more blunt. Now tex I am going to direct this one at you because you seem to be the most ardent supporter of this man and his child not having a relationship as well as his mother having a limited one. What, specfically, are you afraid of? What I mean by this is, you have allready stated that if it was up to you this man would have no contact with his child. So I am asking you to state, specfically, why. Are you afraid the man will sexual assualt the child? I am sure that is the first thing that comes to peoples minds when they read about this, but should it? As has been stated before, just because someone has done something before does not mean they will do it again. More importantly, one kind of sexual perversion does not necessarily mean another one is there, I.E. assuming he tried to have sex with two 16 year old girls that where not related to him, that by no means indicates in any way that he will molest or in any way try to have improper relations with his infant son. Anyway, that is just one example of what a specfic fear may be, though I would like to hear what yours is, specfically with him seeing his child at all. Even if your fear is the above, why should he not be able to see his son with DHS supervision? Once again I went through that, to say you are watched is to say the least.
Now, on statistics, statistics lie. Which of course is to say, stastistics don't lie at all, however when you factor in a few factors, namely the accuracy and size taken and the way in which is what factored into something real, well then they can say alot of things and alot of that isn't quite the truth. To say that because (lets say) roughly 20% of sex offenders reoffend (they start peeing on the side of the road again? Sorry... couldn't resist) that means any given sex offender has a 1 in 5 chance of reoffending for the rest of their lives is a complete missuse of the data. Statistically speaking the most likely person to commit a sexual offense against women and/or children are married (or elsewise serious boyfriend/babbies daddy/ married just not legally) men. Should we start watching them more closely? Of course thats silly, this stastic is easily explained, first obviously the ranges are two broad, the only choices possible are men or woman, married or unmarried. Second the reason married men commit the most crimes against women and children is also obvious, they are simply around them more then say, unmarried men, and have greater opportunity for such crimes. My only point with the above is that stastics don't always get you all that far and you need to make sure they say what you think they say.
One last thing, Ex cons and voting. I perosnally believe that all ex-cons should be able to vote. Voting is NOT a privilege it is a RIGHT. What is the point of unable to vote laws? Punishment? Just see above on that. Are these people not still human? Not still Americans? More importantly, will they not be just as effected by holders of political office as you and me? Personally, beyond ex cons, I think convicts should be able to vote. For the very same reasons I just said. My problem with ex cons not being able to vote is it propagates the notion of a sub-class citizen. It hinders their ability to reunify with society, and undoubtly leads to reoffending on all levels. Beyond that I thought the times of choosing who could and who could not vote went out with white landowners. This is probably a topic that deserves its own forum.
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