Balancing children's safety and sex offenders' rights

[CShine]

When parents in Athol learned last year about Harold J. Fay, a sex offender living down the street from an elementary school, mothers and fathers who once allowed their children to walk alone to the Sanders Street School made time to walk beside them. One mother showed Fay's mug shot to her 5-year-old son and warned, "This person hurts children." Parents called police, the school's principal, and Fay's probation officer, wanting to know what could be done. Nothing, they were told. Fay, a convicted sex offender rated by a state board as a high risk for offending again, was living, as required, at least 500 feet from the school. Even so, last month, after Fay allegedly violated his probation by visiting friends when their children were home, a judge heeded parents' complaints and ordered Fay to move away from the school.

The unusual order highlights an emerging dilemma as the state nears the end of its classification of more than 6,600 sex offenders: balancing the protection of children with the rights of convicted sex offenders, especially those deemed most dangerous, who are living legally near schools. Senator Stephen M. Brewer, a Democrat whose district includes Athol, is researching a bill that would ban sex offenders from residing near public or private schools. The main difficulty, he said, is crafting a law that could survive court challenges over the constitutional rights of sex offenders. After constituents called Brewer to complain that Fay lived near the elementary school, the state senator lobbied Fay's probation officer, asking him to recommend that the 64-year-old man be required to find another home.

Other communities are struggling with the same issues. In Lynn, Councilor Timothy Phelan was stunned to learn that a sex offender lives near his daughter's elementary school. Phelan proposed that the city mail a listing of the most dangerous sex offenders -- Lynn has 23 classified by the state as Level 3, the most likely to commit more crimes -- to every resident in the city. The first annual mailing is scheduled to go out soon.

And in Framingham, Selectwoman Ginger Esty has been calling attention to two Level 3 offenders who live near the Framingham Community Charter School. "The walking routes to schools are a minefield," said Esty, who has mapped where the town's sex offenders live.

http://www.boston.com/news/local/articles/2004/06/12/balancing_childrens_safety_and_sex_offenders_rights/

[GinaMaria]

1. Warning to parents

It's not the ones you know about that you should be afraid of. It's the ones you would never suspect. On the other hand. 500 ft. from a school does not seem that far.

[mzmolly]

2. I just wish they'd keep these guys locked up.

Dangerous sex offenders are highly likely to repeat their crimes. I see no reason to release them personally. They vicimize again and again.

[Hawkeye-X]

4. I have a question..

What about those who have been on probation and have undergone therapy for sex offense and deemed to be safe for the community? Do you still think they should be locked up forever? Just wondering.

[Baltimoreboy]

6. Yes

Would you trust your children around a "safe" molestor?

[mzmolly]

7. I was referring to those likely to re-offend.

But, to my understanding the rate of recidivism is pretty high for sex offenders?

The only ones that are required to have a notification go out are those *likely to reoffend* and in my opinion, they should be kept away from potential victims.

Adding, it's not always men that offend in these cases. I said keep these "guys" locked up. I should have said, keep these people locked up/off the streets/away from potential victims.

[RaRa]

8. Treatment doesn't work

The little I've read on this topic says that pedophiles can't be cured; will repeat given the opportunity. I wish there would be more life sentences available for these folks. As a mother of two little one, I don't let anyone I don't know extremely well watch my kids. Actually, only their grandparents have watched them. We don't get out much. lol.

[mzmolly]

12. I've heard the same. At least treatment that is available today is not

likely to help from what I gather.

Im with you on the sitter situation. We dont get out much either LOL.

[H2O Man]

13. Being in treatment helps cut down risk factors.

If a person is getting the recommended treatment at a mental health facility, as part of their post-incarceration requirements, it does help. Just a quick example: if a child molester is in a group I ran, and I found out they were moving into a neighborhood with a school, etc, I asked probation to "violate" them. Thus, most would avoid making a move that had a certain consequence of jail time. The problems, in large part, are lack of treatment requirements upon release from jail, especially because most offenders (even repeat offenders) get relatively small sentences for crimes against the most vulnerable in our society. I believe that this is in part because sex offenders tend to come from all socio-economic classes, and for many years, certain segments were treated like they were "special." I'm not anti-Catholic, but I saw the vast difference in consequences for a priest vs "common folk."

[mzmolly]

14. Thanks for the information. I agree with you that smallish sentences

are given to those that violate our most vulnerable. I never understood why a man who robs a bank gets more time then a rapist? Why often times crimes against property are more serious in the eyes of the law?

Another consideration is that many people victimize family members, and those persons are not considered 'dangerous' by our legal system?

It's a complex issue that demands more attention from our society. The saddest thing of all, is that it's highly preventable to my understanding. ie. People who offend were likely violated in the same manner as children, thus prevention is possible, if we could only keep offenders away from potential victims.

[H2O Man]

15. It can be hard.....

My wife comes froman upper-middle class family (whatever that is!). Her father is not safe around girls. We have four children, two boys (mine from previvious) and two girls. Her family of origin refuses to admit that Dad is dangerous ("Oh, he just fools around a lot.") Not. My wife and I refuse to pretend he is not a sex offender. Hence, most of her family ignores her (and us). That's one reason this issue means a lot to me ... not merely because I worked as a psychiatric social worker .... but because I know there are people in high/relatively high positions, that glide through life, predators without legal restraint. It's sad that her mother and brothers refuse to talk to heror our children. But I know two little girls he will not offend against.

[mzmolly]

16. Good for you! I know that scenario all to well.

I won't go into much detail, but I was victimized at least 3 times as a young child. Twice by 'trusted' individuals, once by a repeat offender. Thankfully, I blocked the most traumatic episode from memory (for the most part) and aside from an occassional nightmare, I really don't have to deal with it much.

The perp in the most 'traumatic' incident also raped my mother, and served a whopping 6 months in jail. He raped at least 6 woman and a three year old girl before victimizing our family-but my mom was the only one who would testify.

I have a hard time feeling sympathy for these people personally. I know that their actions damage generations of people.

Peace

[H2O Man]

9. Those who have been

on probation and in therapy are never deemed safe for the community. They may be deemed at lower risk to re-offend. But that is very different from "safe." It's about the difference between shit and sugar. There are no therapies that make offenders "safe." No cures. Only means to (a) remove them from the general population; and (b) ways to try to lower the risk they pose to that same general population. There are no clinicians of serious repute who would claim to have found a cure, excepting a bullet.

[Boomer]

10. Not unlike an alcoholic

The only "safe" sex offender is one who does not get near children. Just as recovering alcoholics can never be curred and therefore must change "people, places and things" to avoid exposure to alcohol, a recovering pedophile needs to stay the hell away from children.

Any pedophile who lives within sight of an elementary school is as serious about recovery as an alcoholic who lives near a bar. Choosing to stay near a source of temptation is setting the stage for a relapse and raises serious questions about any commitment to rehabilitation.

--Boomer

[H2O Man]

11. that's a good point.

No sex offender who was serious about not offending again would not move in to a neighborhood with a school.

[Hawkeye-X]

17. I have a story

Something for you guys to think about. This happened to a friend of mine.

An 8 years old male child was sexually abused by a 10 year old female cousin. He never told anyone, except for very few trusted friends, about this for over 20 years.

He has led a isolated life, not trusting anyone for a long time, spent too much on the computer, and went to college, made few friends, but kept himself isolated because of the trust issue, and became very depressed (note, he has been depressed almost all his life), started watching pornographic movies at a young age of 13, first finding porngraphic movie from his father's drawer chest. He started stealing porn from a local video store at 15, eventually getting caught. The owner called his parents and was grounded for a time, thus isolating himself further.

When he was in college, he was allowed to rent movies at a young age of 17, which included pornographic movies. Then he started to get bored of pornographic movies, then started to search the Internet for deviant stuff, including animal sex and the like. All legal, of course, but then he ran across child pornography on the Internet, then started relieving the pain, stayed with it for about 6 or 7 months then stopped.

He eventually got married, and his wife knew about his cousin. At some point, he went back to child pornography, and was eventually busted by the police for possession of child pornography and attempted purchase of illegal child pornography across state lines. As a result, he got 3 years of probation, including 1 year of home detention, plus sex offender treatment during the course of his probation.

Now, he has two sisters, with family of their own, and both of them now knows the story of the past, including the events that led up to his offense. He has repeatedly told them that he has no intention to harm or act out on his nieces and nephews. Both sisters are very supportive and encouraged to spend time with the kids (and as far as I know, he hasn't because of probation rules forbidding him near minors).

He has been in rehabilitation for the past two years, learning a lot of tools. He finally confided in me all of this, and I told him that I was very supportive and would help in every way I possibly can. I also was selected as one of four "informed supervisors" which helps my friend stay safe and not hurt the kids. He is nearly complete with the treatment, and further plans to have children of his own soon with his wife. Both his probation officer and therapists are working in unity as a team to help re-enter society.

Also, my friend is a registered sex offender, and since the bust was a federal one, it is also a short time (3 years) before he no longer needs to register for one.

Now, does this story tell you that my friend can be a productive member of society? I have finally seen him grow out of his shell and is more socially active with his friends (myself included) and wants to have a normal life for himself. He also has made preliminary plans to move away from his childhood home area as soon as probation is over in the fall of next year.

I am curious to know, based on this story, if he will be a productive member of society (he is a felon at present, and will live with this black mark for the rest of his life) and survive? His wife has been with him through thick and thin which shows the strength of support, as well as his sisters and parents.

Hawkeye-X

[mzmolly]

18. I am not a professional, but from what I gather a child who victimizes

another in such a way, was likely victimized? Thus the cycle repeats itself. My guess is the older cousin experienced 'abuse' as well?

I have a hard time sympathizing with those who possess child porn, because they are contributing to the victimization of children.

I would suggest this friend not have children, or be alone around them, no matter how well intentioned he may be.

I am glad that your friend has the support of friends/family.
But, again, he should not be around children alone-not sure if that answers your question?

I am not judging him, just giving the answer to the question you posed.

[TryingToWarnYou]

3. Ok, this may not be a real popular opinion here but...

If you violate a child or children, you deserve whatever punishment you get. This includes continuing monitoring of your behavior and your location in relation to children, schools and other areas where a sexual predator can thrive. These people are ill. They need treatment. They cannot get that treatment living outside of the walls of a facility designed for that.

http://www.wstm.com/Global/story.asp?S=1913174&nav=2aKDNbh2

And to the second poster who commented that its the ones we dont know about that we should be concerned with... fine. Develop a way to predict behavior in people and we will check it out. Meantime, we go with what we have which is proven track record.

[Senior citizen]

5. I'd call 'em enemy combatants

and I'd say they didn't have any rights. Somebody wants to hurt your kids, you can call them a sick individual or a citizen, or whatever you want, but anybody who wants to hurt MY kids is an enemy.

:shrug: Okay, okay, maybe they should have SOME rights, but beyond the rights to counsel and a fair trial, I just can't think of any offhand.

[qwertyMike]

19. No rights for Child sex offenders

on this planet.

Zero. Nada.

Any offences against children should negate the civil rights of anyone.
Parents included.
This is the only issue on which I would support Capital Punishment. No exceptions.

[bleedingheart]

20. As a mother I have a hard time having any sympathy for molesters

of children.

I realize that there are many out there that may never act on their "desires" but there are many that do and I don't know that they can really stop themselves without staying away from children.

One of my coworkers reported his roomate to police after he found child pornography in this guy's room...the fellow was renting a room in my coworker's house.
What was really really creepy was that this guy was applying to churches to work in the daycare areas...and had even volunteered his time at other daycare centers.... he was basically trying to ingratiate himself to a church group so that he could gain access to people's children...that is just sick sick sick....

[mzmolly]

21. As a mother, I feel the same.

My child comes first, thankyou very much.