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Forum: Victims and Survivors Corner
Thread (Discussion): Sexual predator of children not required to register, despite laws.
Message 166971 Sexual predator of children not required to register, despite laws.
Posted by lanajo8
on Nov 09, 2005 03:25 AM | Also by lanajo8
| Gender: Female,
Age Bracket: 30 - 39,
State: Indiana,
Country: United States |
Releasing a Sexual Predator of Children
11/07/05
We are incensed that a sexual predator of multiple children
• has not been required to register as a sex offender or to be on probation
• was incarcerated for only 1 year
• has been declared allegedly “no longer a threat to society,”
• that the families of his victims were not notified of his release back into our community
• that a hearing to address these issues was not held.
Two years ago our 12 year old son was sexually assaulted by a 17 years old youth that we had known and trusted for over 10 years: through church, scouting, and school. This person assisted with our church’s confirmation retreat that my son attended. He had almost reached the rank of Eagle in our scout troop. He was a peer of our older son and a role model and friend to our 12 year old son. The assault devastated both of our boys. It took a lot of strength for our son to come home and tell us what had happened that night. Because of his bravery, DNA evidence from the assault was collected as evidence. The detective assigned to the case was wonderful with our son and very supportive of us and of the other families that were discovered to be victims of this person. Our son was not the only victim, nor the youngest, but he hoped that through his bravery in reporting it, he would be the last victim of this molester. The sheriff department recommended that this person be prosecuted as an adult due to the severity of the abuse, the number and ages of the victims they were able to find, and the molester’s age (17yrs, 7 months).
Once the case was turned over to the prosecutor’s office, we were ignored completely and felt victimized all over again. They decided to prosecute this person as a juvenile and acted like we no longer existed. We requested to be informed of when he would appear in court so that we could present our son’s Victim Impact Statement to the court. We called the prosecutor’s office many times, trying to get answers to our questions, but our questions were not answered. In frustration, we twice called and asked to speak with the chief prosecutor of the county. We were told that she was not available, but would return our call. She never returned any of our calls. Only after going through our son’s advocate at Prevail were we able to find out when the second court appearance (he’d already had his first) was scheduled and make arrangements to be there. After he was advised to plead guilty to all charges, due to the evidence against him, we were allowed into court to read our statement. Before sentencing by the judge, the prosecutor for the case described this person as “having multiple victims, some multiple times, and still actively seeking new victims.” He was sentenced to be incarcerated until the day before his 22 birthday, or until rehabilitated.
We later asked how rehabilitation would be assessed. We were told that it simply meant he completed the program and therapy that he had to go through at the correctional facility. Our son, the victim, has been through several intensive therapy programs and continuous counseling to help him deal with the assault and the post traumatic stress resulting from it. He still has many years of therapy to go in his recovery. Yet the justice system now expects us to believe, and accept, that the assailant is no longer a threat to society after 1 year of incarceration.
After sentencing, we requested that the prosecutor’s office inform us when this person was up for release, so that we could prepare our sons. We also asked if he would be required to register as a sex offender since he had enough class Bs and class Cs felonies against children under the age of 14 to do so. The prosecutor assured us that a hearing would be set and a request would be made to have him register as a sex offender.
Two weeks ago a high school teacher and scout leader informed us that our son’s assailant had entered our son’s high school and wandered around the school. Luckily our son was home sick that day. We have also learned that he is taking Ivy Tech classes right across the street from the high school and next to an elementary school and preschool, even though he is living in another county.
Our son’s assailant was released in March, seven months before we found out about it. During that time, our son was admitted into an intensive therapy program because of the fears and distrust he has due to post traumatic stress from the assault. If our son had ran into his assailant, without being prepared, or knowing that he was out, it would have devastated him. Now knowing that he is out our son is having anxiety attacks and fears for his own and other children safety. We have filed and received a Protective Order to try and keep our son safe.
The prosecutor’s office did not inform any of the victims’ families that he was released. A hearing to request that he register as a sex offender was set and then canceled by the prosecutor’s office. We have been told that this person has been declared “no longer a threat to society,” is not on probation, was not required to register as a sex offender, and that his records have been sealed. This means that he is free to seek employment involving children; become a scout leader; volunteer at a school or camp; become a teacher, policeman, youth counselor, etc.
Yesterday we met with our county's chief prosecutor about this matter. She was shocked that he had not been required to register and will look into it, but said because of the amount of time that has passed since his release (7 months), she doubts that anything can be done. Any suggestions?
According to the research we have read, child molesters of boys, unrelated to them, are the least likely of all sex offenders to be rehabilitated. As a psychologist explained to our older son, “To expect them to stop being sexually attracted to children is like expecting a normal adult male not to be sexually attracted to women.” How many more children must suffer before our justice system stops worrying about protecting child molesters and starts worrying about protecting their past and future victims?
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Message 167118 (In Reply to Message 166971)
Posted by rebel51
on Nov 10, 2005 09:04 PM | Also by rebel51
| Gender: Female,
Age Bracket: 30 - 39,
State: California,
Country: United States |
I want to answer you so that you dont feel like you are being ignored but I just dont know what to say.
I welcome you to the forum for one thing and I am so very sorry that your child has had to go thru the horror that he has for another.
For the most part I think that you sound like you are handleing this the way it should be handled and that you are staying strong for your son. The post that you made sounds very in control and like you have done all that can be done. I do hope that you can at least get The SO onto the registery because he does sound like he will do it again...I really hope not but he does sound like it. If you need more help maybe if you "private message" Dp1 she can help you as she is a Parol officer and she is very smart.
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Message 167241 (In Reply to Message 166971)
Posted by mawmaw
on Nov 13, 2005 07:19 AM | Also by mawmaw
| Gender: Female,
Age Bracket: 30 - 39,
State: Pennsylvania,
Country: United States |
I am really sorry that this horrid sex crime was done to your son, I commend your son for telling you and commend you for standing with your son and fighting for justice not only for what was done to your son but trying to make it safer for other children that this SEX CRIMINAL might/will come into contact with.
Sounds like the system let you down when the case came up for trial as you were not informed of court dates . Have you got with the other families on this sex crime ? Have you gone to your scout leader ? You had a court appointed attorney and I bet the SEX CRIMINAL had a criminal attorney paid for .... by his family.
you may message me
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Message 167246 (In Reply to Message 166971)
Posted by Valerie
on Nov 13, 2005 12:53 PM | Also by Valerie
| Gender: Female,
Age Bracket: 30 - 39,
State: Florida,
Country: United States |
Hello and welcome to this site. After reading your story it sounds like the system is victimizing your family all over again. I mean how hard would it be, to have been notified that this pedophile is back on the street? Sounds like the judicial arena is broken down in Indiana.
I would think it would be ever so difficult to rant and rave and call attention to this miscarriage without exposing your son to further attention. You must be very angry, at being treated like this. I know that I would be. You have to weigh the outrage to whatever activism you know to be right against the publicity it could bring to your family. I think having to make that choice is a crime in itself. Has your son expressed his feelings to either his counselor or yourself about this? Have you asked him? The reason I ask that is because I know of a mother who's son was brutally kidnapped and raped at the same age your child was. The mother became a very vocal activist and has gained some notoriety in her own right over the years. Her boys story is pasted for the world to see and I may be wrong but I get the feeling the boy or man as he is now, was not "a so willing participant" in his mothers fight for justice. Sometimes your actions or reactions to the situation can only be gauged by your sons emotional state at the time. I am not a lawyer and dont pretend to know anything about Indiana law. But have you inquired about a civil suit against this person or his family who may have known about this kids tendencies? Sometimes justice is only served by behind closed door lawsuits. If that is not an option, then you have to ask yourself, is this person due to the nature of his crimes an ongoing threat to other children? If in your heart you say yes, then you may need to follow the goings on of this guy and send an anonymous letter every time he engages in a job or ongoing activity that involves children. I think it is a sad state of affairs when you the family are not given the respect the so called "law" says you are entitled to. If the system isn't going to play fair with the victim, then sometimes "playing fair" isn't an option with the perp.
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Thread 166971, lanajo8, Nov 09, 2005 03:25 AM [Sexual predator of children not required to regist...] 167118, rebel51, Nov 10, 2005 09:04 PM 167163, Rejected 167241, mawmaw, Nov 13, 2005 07:19 AM 167246, Valerie, Nov 13, 2005 12:53 PM
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