There are so many problems with the current sex crime/offender system that it is overwhelming to think about it. You can’t truly understand how dark life can be until you’ve been charged with a sex crime. Once charged, you will be shocked at the new world in which you live, and the new identity you have assumed. You will look around, wondering why somebody isn’t doing something about it. You will ask yourself, “How can they get away with that?” This happens every day, over and over. Fortunately more and more people are becoming aware of the corruption and biases of the system.
Let’s work together and define each of these problems, and bring them to light! I have started a list below, in no particular order.
1) The courts stretch and interpret the law as they see fit, just as long as they can convict. For example, the courts have ruled that touching one’s vagina with your penis is considered to be rape! They ruled that the element of penetration would be established by this act because your penis would have broke the physical plane of some structure of the vagina.
2) Prior to the Crawford v Washington ruling, a child’s out-of-court statement could be admitted in lieu of live testimony if the judge believed those statements were reliable. This meant that a defendant could be convicted without ever having an opportunity to cross examine the child. In the Crawford v Washington ruling, however, Justice Scalia rightfully eliminated this insult to the 6th Amendment. He ruled that if a child’s out-of-court statement is testimonial in nature, it cannot be admitted unless the defendant has had a fair and full opportunity to cross examine the child regarding this statement.
Here is where the problem lies. When some defendants appealed based upon this decision, some courts have ruled that the preliminary hearing testimony was sufficient to satisfy the right to cross examine requirement. How wrong is this? Discovery evidence isn’t even available at this early stage. The defense is in no way prepared to fully cross examine. The scope of the hearing is limited to establishing prima facie, and therefore the prosecution’s direct examination is limited, and therefore so must be the defense’s cross!
3) Another counter to the Crawford v Washington is the use of video testimony. The child sits in a room not viewable by the defendant, and testifies via video conferencing. Obviously this violates the “face to face” clause in the 6th Amendment. So what did some state supreme courts do? They removed the “face to face” clause from their constitution!
4) The wire-tap laws do not apply when the conversation is about sexual abuse. This is one of the many basic rights that is removed from anyone charged with these crimes.
5) In most states, mistake-of-age is not a defense! How can someone be held to rape charges if that teenager lied about his or her age? What if the teen shows a fake ID? It simply doesn’t matter. Courts claim that an adult should pick up on certain clues that a teen is not of legal age. The way teens are in today’s society, this is unlikely.
6) Related to number 5, there is no punishment for teens that lie about their age, and consequently ruin a good man’s life.
7) Some states use the phrase “sexually violent predator”. To me this sounds like a serial child rapist. In reality, however, this can be anyone who has been convicted of a sex crime, and has a mental abnormality. So if the defendant was convicted of touching someones tush, and was found to have a mood disorder, he would acquire the label of “sexually violent predator.” This is very deceiving to the public, who want to know who the true sexually violent predators are.
8) If you were charged with murder, hearsay would be inadmissible. This isn’t the case with sex crimes though. Most states have hearsay exceptions, and if the statement was regarding sexual abuse, its admissible. The reason hearsay is inadmissible is because it is unreliable, so what makes it more reliable if it is regarding sexual abuse? Some states have what is called an “excited utterance” exception. For example, if a child yells “mommy he just touched me” right after the act, this statement would be admissible. The courts feel a statement like this is reliable because it is the event speaking, and not the child. Perhaps so, but this is another law that has been abused by courts. Now, it doesn’t matter if the statement was made a week after the alleged event, as long as the court believes that the statement was a result of a traumatic or startling event!
9) The ex post facto clause in the US Constitution and state constitutions exists to prevent legal consequences from retroactively changing. For example, if you were convicted of rape in 1980 and the max penalty was 5 years, you could not be re-sentenced to 20 years in 2011 if the sentencing guidelines changed. Once again, when it comes to sex crimes this does not apply. As we speak, states are conforming to the SORNA provisions drafted by the federal government. These new laws are designed to apply retroactively. Some courts have ruled that this does not violate the ex post facto clause because these laws are not punitive, and are instead remedial, and for the safety of the public. You and I both know that these laws are the most punitive laws that exist.
10) Lower-court judges often are high on power. They make rulings that are blatant violations of the law, yet they have no one to answer to. Meanwhile, a defendant has to rot in jail until a competent judge from a higher court reverses the decision. That is, assuming that he or she can afford an appeal. Also, there is no reprimand for judges who constantly make these erroneous rulings. Also, even if a higher court finds the ruling to be erroneous, it might not vacate the judgement unless the error truly “prejudiced” the defendant. This is a gray area that is used in a lot of sexual abuse cases.
11) What happened to innocent until proven guilty? If you’re charged with a sex crime and work for a government agency, you are suspended without pay. If you work for a private company you’re just simply fired.
12) The penalties for sex crimes are disproportionate. The sentences for murder are more lenient than those of sex crimes.
13) So many people are found not guilty, but what happens to the accusers? Why are they not punished? Some people say that a not-guilty verdict does not mean that the defendant was not guilty – it just means that the prosecution couldn’t prove it. How bias is this? When someone is found guilty though, these same people would not use that line of reasoning.
14) Prosecutors and judges (and many others if new laws pass) have immunity. This means that they cannot be held liable for any shady, unethical , or illegal actions they might take when trying to convict you. Do you think that this may open the door for false convictions? They’ll do whatever they have to in order to get the conviction.
15) For the people that are mentally ill and need help, there is none. And, if they reach out and try to get help, their therapist is required to report them to the police.
16) What other crimes are you aware of that can lead to your being held in prison indefinitely, despite the fact that you’ve served your time?
17) In some states the age of consent is 16, and therefore it is legal to have consensual sex with a 16 year-old, but if you take a nude picture of her or him, you’ll rot in prison.
18) Sometimes it’s just better to take a probation plea. But if you take a nolo contendere or Alfred plea, be prepared for hell anyway. This is because you will likely have to get sex offender treatment therapy, and a condition of this is that you must admit your wrongdoing. If you don’t, they often consider this a violation of your probation conditions and you are sent to jail.
19) Statutes of limitations are set in place because it is very difficult if not impossible to defend against accusations made decades ago. It is simply unfair for a defendant to have to prove his innocence when witnesses cant be found, memories have faded and evidence has been lost. Well, most states are now removing the SOLs for sex crimes. As if it isn’t bad enough that someones word alone is enough to convict you.
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