Megan Law (sex Offenders laws)- help understand if you can...

[stellinacadente]

For quite some time now I have been trying to help someone who very dear to my heart that has to deal with this law...

He had a girlfrind who he has proposed to (if you can really talk about proposal at 16-17!!!) and the parents of the girl were fine with their relationship... but then, as soon as the plans were about to be fulfilled (he was going to join the armed forces and marry her), th parents turned him in.

He was in WA, and according to WA laws, since he was older then the girl of 53 months (legal age difference is 48), he at the tender age of 18 has been sent to prison for 1 year...

Almost 18 years have passed. This person is an intelligent, kind, sensitive and very very well skilled Network Engineer who in 17 years couldn't get a decent job and that is now facing not only enmployment but being homeless since all the places he can afford to live turn him away because of his background.

I have a few questions I really would like someone to help me with:

I have done my home work and I know there is no expunging a sex crime, not in WA at least... so how can this person be considered for a job? or why is that that a mistake made by a person who a little more then a child can scar his own life like this???

is there any organization that you know that can give legal advice, career coaching and housing advice?

I'd really like to get some feedback from the free thinkers of the Toadfish on this one.

I am the mother of a (almost) 4 yrs old little girl and I _know_ I am trying to do the best I can to prevent any sexual abuse on my daughter....

but do you guys think this law is human at all? don't you think there should be a distinction between a stupid mistake of a teenager and a sex predator?
Don't you think the punishment should end after they have apid their debt to society?

somehow I feel these people are like shadows... they have no civil rights and their records is basicaly a scial handicap that prevents them from living a close to normal life...

I do apologize in advance if I hurt anyone's feelings talking about this, but this person is really dear to me and he has now entered a major depressive state from which we don't know he'll recover... he needs constant supervision because he might take his life... and my heart breaks every time we see him because I just cannot conceive how such a beautiful mind and soul could be tossed in the trash and forgotten like that....

[Opsa]

What a terribly sad story. I can't imagine what the parents were thinking of when they turned him in. I guess they were trying to protect their daughter, but I'm sure this did nothing to help their relationship with her. Especially since they intended to marry once they were both of legal age.

There must be some legal action that can be taken to clear him of this black mark on his record. I would check with some lawyers who offer free help to people in this sort of circumstance.

I take it that this was a statutory rape case.Here is one place to start looking for help.

Normally, if you had asked me if a sex offender's punishment should end when they've paid their debt to society, I would have said "no", because to me a sex offender is someone who could have a serious mental problem. Putting people like that in jail doesn not cure them. Many come out and do it again. That's what the laws are trying to prevent. Even then some sex offenders manage to obtain jobs in schools due to lack of vigilance.

Your friend's offense was not at all like a child rape case, though. Shoot, the guy who I lost my virginity to could have gone to jail, too. He was 18 and I was 16. We had been going out together two years, considered ourselves engaged and had sex by mutual consent. I suppose that sounds gross to some people, but we felt we were in love and were mature enough to handle it. We discussed birth control ahead of time. It was not a sex offense to us. (My Mom would probably have been happy to send him to jail for it, though. I just hope I am not so hysterical when  my daughter decides she is ready.)

I think that he could find a lawyer that could get his records sorted out, possibly free of charge to him. The poor kid. It's time for him to clear his name, if he can. I hope he tries.

[Sibling Zono (anon1mat0)]

AFAIK that is a typical issue with sex offender laws, and statutory rape is one of those very twitchy things where a 40+ man having sex with a 12 y/o has the same punishment as a 18 y/o (frequently less) with a 16-17 y/o girl. The laws change on each state but the problem is that once in the databases there is no distinction between the former case and the latter. Given that child abuse is generally considered an abhorrent crime (and the electorate doesn't make distinctions*) there is very few traction in each state to make clear distinctions between those cases. Obviously legal council should help somewhat but it may be likely that he'll be better in a different state/country.

* remember the add by McLiar saying that Obama wanted sex-ed** for kindergarten children and how a logical and good idea was demonized with no end?

** age appropriate, in this case teach them how to avoid sex predators. Obviously the attack ads twisted the meaning as much as they could.

[Opsa]

Man, it is slowly sinking in how very, very glad I am that the Republicans lost the election.

Those laws were probably enacted by people who were trying to protect their teenaged daughters. They probably meant well, but they were frightened and careless with how they were worded.

[stellinacadente]

I take it that this was a statutory rape case

Washingtong state legislation doesn't include statutory rape. Their legislation establishes 3 degrees of "Child Molestation".

That was the charge he was convicted upon "Child Molestation 3rd degree (the lowests)

I don't see him trying.. he has lost all the hope...

Megan's law was passed in 1994 ( http://en.wikipedia.org/wiki/Megan_Kanka) after the rape and murder of 10 years old Megan Kanka by one of the neightbours who happened to be a sex offender.

In 2006, the Adam walsh act exacerbated the restrictions and registration requirements...

Note: WA statistics:

between 1994-200 there were more then 3000 conviction for sex crimes. The age for most of those convictions range between 9 and 21 years old.

None is excluded from having to register as a sex offender and none of these crimes, even if juvinile, will ever be expunged according to current legislation of that state.

[Darlica]

 
sorry...

I just think it's absurd to send teenagers to jail for for having mutual consent sex, it's not rape, it's sex and teens wants it, and have it, no matter what their parents thinks about it . 

Of age is a floating concept, around here it's fifteen and after that age doesn't matter as long as the sex is consensual, if it's not consent it's either molestation or rape but that is up to the teen to decide, parents has no legal right call on the authority's if the teenager doesn't want it.


I'm sorry I can't give any advice, being on another continent with another legal system, but you two have my moral support if you want it. This is beyond absurd, punishing someone almost 20 years later for a crime that isn't really a crime and when on top of all the sentence is fully served, IMHO should be illegal.

Good luck Stella, I hope you find a way.   

[stellinacadente]

Thank you Darlica. I appreciate your support.

[Opsa]

Stella, if you care about this person and if he's really innocent of molestation, you have to help him have the courage to fight this. He has been wronged. I think it could be proven in court, but he has to be willing to stand up for himself.

[Swatopluk]

And a statement of the girl could be most helpful, I think.

[stellinacadente]

Trust me Opsa, I am doing the best I can... I have been at this for the past 7 yrs and I have hit manymany walls...

spent _a lot_ of money... and need more that I do not have and trying to save...

this situation seems like a maze filled with molasses...

But I do appreciate the time that all of you have taken to show your support and your support.