Friday, May 13, 2011

TX - Nursing Home For Criminals Concerns Neighbors

Original Article

More media vigilantism? If people are so worried, why not go to the police instead of the media?

05/12/2011

By Becky Oliver

FORT WORTH - Most of us probably think of a nursing home as a place for elderly loved ones to get the care and help they need…not a haven for criminals sponging off taxpayers. But that's what FOX 4's Becky Oliver found in a community outside of Fort Worth.

It’s a serene, tidy little neighborhood on the shores of Lake Worth with parks, lakefront homes, and cottages where families have lived for decades. But there’s a cancer in the midst of the tranquility.

You can’t even sit in your own yard because you are afraid of what is going to happen,” said Mary Cecil.

My family has lived here since 1935 and it feels like we’re in jail, you know, because of these people,” said Kerry Gallagher.

There are about 50 of “these people” at the Lake Worth Nursing Home…registered sex offenders, convicted felons, and prison parolees, some labeled violent offenders by the Texas Department of Criminal Justice (TDCJ).

But these are not your typical nursing home patients confined to a wheelchair or bed.

Sick, old people are fine in there, you know. Not these young 30 or 40 year old sex offenders down there. That’s ridiculous,” said Mary Cecil, who lives just down the street from the nursing home.

We’ve got little kids around here and I don’t like them around them,” said Paul Williams, who also lives in the neighborhood.

For weeks FOX 4 watched offenders from the nursing home roaming the neighborhood.

[name withheld] is a sex offender on parole until 2022. He has a long criminal history including rape of a child and convictions for drugs, theft, weapons, and public lewdness.

[name withheld] is labeled a “violent offender” according to TDCJ, on parole until 2017. His convictions include burglary, drugs, and forgery.

[name withheld] is on parole until 2027. He’s a burglar, convicted three times. He rides a bike all over town. We saw him go to a neighborhood yard sale and stop by lots of stores.

[name withheld] told Becky Oliver he’s in the nursing home because of end-stage liver disease.

You’re out in the community a lot. You’re out riding your bike a lot,” Oliver said to [name withheld]. “I don’t even have a bike,” [name withheld] responded. “Oh you’ve never been on a bike before?” asked Oliver. “You’ve got a lot of information about me so you don’t need to ask me anything,” said [name withheld]. “I’m just wondering why you are always out riding a bike,” said Oliver. “You’ve got me mixed up with someone else,” [name withheld] responded as he walked away.

[name withheld] is on parole until 2019 with convictions for theft, forgery, and drugs. He says he had a heart attack and stroke and left prison early.

Would you normally be in TDC if you didn’t have these medical problems?” Becky Oliver asked Thomas. “Yes ma’am, probably,” [name withheld] replied.

We saw [name withheld] many times at a nearby city park, having a beer and a smoke.
- So friggin' what?  Ex-criminals have to live their lives just like you!

We see you down in the park drinking a lot. Do you go down there to drink?” Oliver asked [name withheld]. “No ma’am. It’s against the law to drink down there,” said [name withheld]. “I never drink because the police said you can’t….city ordinance, that you cannot drink,” [name withheld] continued. “Oh, the city ordinance. Well, you’re not supposed to be drinking on parole either are you?” asked Oliver. “No,” [name withheld] replied. “So, you havn’t been down in that park drinking?” asked Oliver. “No ma’am,” said [name withheld].

[name withheld] says he’s been at Lake Worth Nursing Home since January. His record includes aggravated robbery, burglary, manufacturing and possession of drugs, and DWI.

We asked offender [name withheld] who is footing the bill for all the nursing home care.

Why are you living there?” Becky Oliver asked [name withheld]. “I can’t tell you why people are living there,” said [name withheld]. “Let me tell you this…what you can do. You can go to that nursing home and talk with that nursing home because I don’t have any information,” [name withheld] continued. “Do you pay to live there or does the state pay for you to live there?” asked Oliver. “Now wait a minute. Now see, why would that be your business? I don’t even want to talk to you,” [name withheld] told Oliver.

[name withheld] didn’t want to talk and neither did the owner of the nursing home, Jon Shilling.

When FOX 4 went to the nursing home he tried to kick us off of the public street that runs in front of the nursing home.

I’m telling you what to do. You’re on my property and I am going to press charges on you,” Shilling told Becky Oliver and our photographer.

We wanted to ask about all the residents roaming the neighborhood.

Why are all these people out riding their bikes, drinking in the park, drinking alcohol, going to the stores? Why are they out and about in the community?” Oliver asked Shilling. But Shilling didn’t respond. He didn’t want to talk and called the cops on us.
- Because they are human beings?  And what proof do you have they are breaking any laws?

I’m not answering your questions. I’m telling you this is my property. If you think I’m wrong you go look it up and prove me wrong,” Shilling told Oliver

But we didn’t need to look it up. When the police showed up an officer confirmed what we already knew.

I own this property right here,” Shilling told the Lake



LA - Bill limiting convicted sex offenders' use of social network sites breezes out of committee

Original Article

05/12/2011

By Ed Anderson

BATON ROUGE -- A House committee Thursday took the first step toward enacting a law that would prohibit convicted child sex predators from using instant messaging devices or social networking sites like MySpace or Facebook.

Rep. Ledricka Thierry
The Committee on the Administration of Criminal Justice gave unanimous support to House Bill 55 (PDF) by Rep. Ledricka Thierry, D-Opelousas, after amending the measure. The bill now heads to the full House for debate.

Thierry's bill would make it a crime for convicted sex offenders to use the websites or chat rooms if they have to register as sex offenders and have been convicted of an offense in which the victim was a minor.

The bill specifically mentions four offenses in which the definition of minors may vary. The four offenses are indecent behavior with juveniles, pornography involving juveniles, computer-aided solicitation of minors and video voyeurism -- which could target an adult or a minor.

The bill would not ban the use of the sites if the sex offender committed an offense against an adult.

The bill originally sought to target sex offenders who had used the Internet, social networking programs or instant messaging to commit the sex crime or to contact a minor.

The committee changed Thierry's bill to include all those convicted of a sex offense against a minor.

"We have laws that tell sex offenders how far to stay away from a child," Thierry said. "It is only proper to have this legislation to tell sex offenders to stay away from our children in our homes (electronically)."
- Just because you have a law, doesn't mean it's constitutional and right!  If the people who swore an oath to defend the Constitution, were actually doing that, then these laws would be unconstitutional.

Thierry's bill sets a fine of up to $10,000, a jail sentence of up to 10 years or both for a first conviction. Subsequent convictions call for a minimum of five years in jail and a maximum of 20 years, and a fine of up to $20,000.
- And in most cases, using a web site is more punishment than the actual crime, yet another "punishment doesn't fit the crime," unconstitutional law.

The measure would allow convicted sex offenders to use the social networking sites for limited purposes, such as to help find a job, if their probation or parole officers or the courts that handled the original cases give approval.

Rep. James Armes III
The panel also unanimously approved House Bill 177 (PDF) by Rep. James Armes III, D-Leesville, that would prohibit a sex offender from living within 1,000 feet of schools, playgrounds and other youth-oriented facilities if the victim of their crime was under the age of 16.

Rep. Frankie Howard
Rep. Frankie Howard, R-Hornbeck, who handled the bill for Armes, said state law now prohibits a convicted sex offender from living within a 1,000-foot radius of those locations if the victim is under 13.

Armes' bill now heads to the House floor for debate.


CA - Orange County's war on sex offenders

Original Article

05/13/2011

Orange County is forbidding sex offenders from visiting county parks and beaches, and it's asking city leaders to do the same. But not all sex offenders are child molesters.

With due respect to Jethro Tull, very few child molesters spend their time sitting on park benches eyeing little girls with bad intent. You're more likely to find them at your church, or in your house, than at a public playground. But that's not stopping Orange County politicians, especially Dist. Atty. Tony Rackauckas, from pandering to voters' worst instincts by pursuing a pointless crusade to bar those convicted of sex crimes from parks.

After the county Board of Supervisors approved a Rackauckas-backed ordinance last month forbidding sex offenders from entering dozens of county parks and beaches, the district attorney followed up by sending letters to city leaders throughout Orange County urging them to do the same, since the county measure doesn't apply to city parks. The missive found a receptive audience in Irvine, which is now considering its own parks ordinance. Although measures aimed at tracking sex offenders or imposing harsher penalties against them are common in California, this is believed to be the first attempt in the state to limit the places registered offenders can visit.

Why parks? Why not? Child molesters are every parent's nightmare, and laws aimed at punishing or discouraging them are wildly popular with voters, whether they're effective or not. Among California's more misguided efforts was Jessica's Law, a voter initiative that passed by a landslide in 2006 but that may have undermined rather than enhanced public safety. The law forbade sex offenders from living within 2,000 feet of schools and parks, restricting their housing choices so severely in cities such as Los Angeles that many were forced to live on the streets, destabilizing their lives and making it more likely they would commit further crimes. In ruling the residency restrictions unconstitutional last fall, Superior Court Judge Peter Espinoza wrote, "The evidence presented suggests that despite lay belief, a sex offender parolee's residential proximity to a school or park where children regularly gather does not bear on the parolee's likelihood to commit a sexual offense against a child."

The Orange County ordinance, too, may well be unconstitutional. More important, it is unfair and ineffective. Registered sex offenders aren't all child molesters; some men are on the registry for having sex with underage girlfriends when they themselves were still teenagers. Though some sex offenders are incorrigible, many have done their time and turned their lives around. Should all be permanently forbidden from taking their own children to the zoo, or the beach? And will keeping them away from parks really protect children? An estimated 90% of sex crimes against children are committed by family members or acquaintances, not perverts on park benches.

Irvine's City Council could save itself some legal headaches, and retain some self-respect, by dumping Rackauckas' pandering parks ordinance.


IL - Officers (Juan Vasquez, Paul Clavijo) charged in sex crime

Officer Juan Vasquez
Original Article

05/13/2011

CHICAGO (WGN/CNN)Two police officers are facing serious charges after the alleged sexual assault of a Chicago woman.

"We have two Chicago police officers in full uniform on duty at the time who clearly took advantage," said Cook County State Attorney Anita Alvarez.

Officer Juan Vasquez and Paul Clavijo were on duty in a marked SUV and offered the 22-year-old woman a ride to her home March 30.

Clavijo allegedly had sex with her in the front seat, while Vasquez was buying vodka.

Both officers are accused of sexually assaulting her in her Rogers Park apartment before the woman started screaming for help. She was taken to a hospital where prosecutors say her blood alcohol measured nearly five times the legal limit for driving, and far too high to consent to anything.

Police found Vasquez's cell phone and part of his uniform in the apartment.

A neighbor reported seeing a naked man running down the hall, but lawyers for the accused officers call it an indiscretion, saying if their clients are guilty of anything, it's bad judgment.

"This was not a criminal incident," said Vasquez's attorney, Dan Herbert. "Were there some bad decisions made, absolutely."


CA - Cop debunks sex offender myths in San Mateo

Original Article

05/12/2011

By Joshua Melvin

SAN MATEO -- States have come up with all sorts of ways to deal with residents convicted of a sex crime: Ohio proposed putting pink license plates on their cars, California spends $65 million a year for GPS monitoring and many others have housing restrictions that force sex offenders into homelessness.

But these are bad ideas, Seattle police Detective Bob Shilling said Thursday. All these approaches spring from fear and misinformation, and they exacerbate efforts to keep convicted offenders from hurting more victims, he said.

Shilling, the keynote speaker at a training conference in San Mateo held by the California Coalition on Sexual Offending, worked for 21 years as a sex crimes detective. He was also part of Washington state's pioneering, but initially messy, effort to notify residents of sex offenders in their midst.

His experience left him with the conviction that educating the public is the surest way to avoid bad laws, a terrified populous and more victims.

During his address to the law enforcement and mental health professionals in the crowd, Shilling pointed to some startling evidence. A 2007 study of Florida residents found that 74 percent believed convicted rapists would strike again once of out prison, and 76 percent thought the same of child molesters.

But a 2004 study that followed 4,724 sex offenders over a period of 15 years found only 24 percent were charged with or convicted of a new sexual offense, he said.
- Most other recidivism studies put the recidivism rate around 5.3% or lower.

"Is that good? No," he said. "But this type of thing makes a difference."

The 31-year veteran of law enforcement said high recidivism numbers have been used to make the argument for harsher laws. But he said this kind of legislation -- such as the Adam Walsh Act, signed into law in 2006 by President George W. Bush -- does nothing to keep convicted offenders from abusing more victims. The law, among other things, mandated the creation of a national sex-offender registry.

"We use the fear of sex offenders to pass legislation, to get legislators elected because they talk tough, to get legislators unelected if they don't and perpetuate the public hysteria about sex offenders," he said.

Shilling, who is himself a victim of childhood sexual abuse, went on to say he is not an advocate of letting offenders off with a slap on the wrist. Rather, he is concerned with keeping them from doing it again. He said treatment works, but so does creating an environment where offenders can get back on their feet.

"Offenders need stability," he added. "If you see something that is a concern, call (police)."

Much of his experience comes from Washington state's rollout of the nation's first law on sex-offender notification. He said police would drop fliers on the doorsteps of homes or stick them in door handles.

In one case, officers in Snohomish County sparked a violent reaction after handing out fliers on a man named Joseph Gallardo, who was about to be released from prison. The document said he had "sadistic and deviant sexual fantasies which include torture, sexual assault, human sacrifice, bondage and the murder of young children."

"Here's what happened," Shilling said, bringing up video footage of the man's home in flames. Angry residents burned his house down, forcing police to review how they release information to the public.

Public information sessions, of which Shilling has conducted hundreds, are the best way to avoid a reaction of this sort, he said.

In San Mateo County, these types of gatherings have been done on a case-by-case basis, said Stephen Kaplan, interim director of behavioral health. They have come in response to residents raising concerns about an offender moving onto their street. The last one was two years ago in East Palo Alto.

So before embarking on widespread meetings, like Shilling has suggested, county leaders would need to see whether the gatherings would stir up fears rather than calm anxious people, Kaplan said.

"We would have to weigh the pros and cons," he said. "It's hard to say it whether it would be effective."


ME - Former police officer (Steve Goozey) charged in child sex case

Original Article

05/13/2011

By Ken Christian

FARMINGTON (AP) -- A former Maine police officer is facing 10 felony charges that he had sexual contact with a Franklin County girl under age 12.

Thirty-nine-year-old Steve Goozey of Coplin Planation was indicted Thursday on the charges that stem from the alleged contact with the girl that occurred between June of 2006, and May of last year.

Goozey worked for the Carrabassett Valley Police Department for about three months in 2010.

Chief Scott Nichols tells the Sun Journal Goozey was let go due to unrelated circumstances.

Goozey was first arrested in March.


Death Penalty Discussion (Mark Klass)

Marc Klass posted this video on his channel, and claimed the ruling was about those who kill children, which is wrong, and it is clearly seen in the video itself. Child rapist and child killer are not the same Marc!


FL - Florida Legislature Gave $1.5 Million to Lobbyist Ron Book's Daughter's Nonprofit She Didn't Even Want

Original Article

05/13/2011

By Kyle Munzenrieder

Republicans up in Tallahassee are so used to giving money to things associated with Miami-based power lobbyist Ron Book that they ended up giving $1.5 million to a nonprofit run by his daughter Lauren Book that she didn't even ask for or apparently need. The odd moves came as those very same politicians were yapping about fiscal responsibility and wallet tightening.

In an actually useful story, The St. Petersburg Times reports that the younger Book's nonprofit Lauren's Kids, which aims to protect kids from sexual abuse, was awarded $1.5 million to "24-hour abuse hotline and pay for sexual abuse prevention education in schools." Thing is, that Lauren's Kids already does both of those things and wasn't asking for any money to continue doing so.

However, Book's nonprofit did ask for $3 million to finance a program to help victims of sexual abuse relocate, but that wish was never fulfilled.

Despite slashing $3.8 billion from the budget, Senate President Mike Haridopolos agreed to finance the relocation program. Then during the last day of the session the Florida house came along, halved the money, and decided it should be used for something else entirely.

Though, both Books will take the money.

"While I recognize the interest in writing about this, I don't want anyone to think it's simply plopped down without a need,'' Ron Book told the paper. "This is one of the most underfunded and neglected areas of Florida's budget."

House legislators didn't think $3 million would cover all of the program, and could interfere with funding for similar programs so changed the money at the last minute.

"Even Ronnie Book was not happy,'' Sen. Mike Fasano said. "The relocation program was a priority of his... I don't know why they did what they did at the end, but it was a take-it-or-leave-it kind of thing."


Who are the people in your neighborhood? A descriptive analysis of individuals on public sex offender registries

Jill Levenson
Original Article

Thank you Jill for debunking this magical goldilock number!

05/06/2011

Abstract:
A new study has been released this week which provides a snapshot of the nation's registered sex offender population. The study, published in the International Journal of Law and Psychiatry, analyzed data downloaded directly from online sex offender registries and included 445,127 individual sex offenders. Approximately 275,000 additional sex offenders are not listed on public registries because they have been assessed by their state to pose a low risk for reoffending.

The most notable finding is that despite claims by the US Marshals Service that 100,000 sex offenders are missing, the authors were able to identify only 17,688 whose whereabouts were unknown. A total of 5,349 offenders were officially listed as absconded, 1,264 were listed as missing or unable to be located, and 4,152 were listed as having failed to comply with registration requirements. An additional 6,923 were reported to be homeless or transient. "We discovered that approximately 4% of the sample might not have a valid address," said Jill Levenson, a psychology professor at Lynn University in Boca Raton, Florida. "We found no evidence to support the frequently repeated statistic that 100,000 (or about 14%) of the nation's sex offenders are missing or unaccounted for."

Levenson conducted the study with Criminologists Alissa Ackerman from University of Washington Tacoma, Andrew Harris from University of Massachusetts Lowell, and Kristen Zgoba from the New Jersey Department of Corrections.

The authors found that 98% of sex offenders are male, and 66% are white. Blacks are over-represented on registries. The average age of an American sex offender is in his mid-40's. Approximately 12% of registered offenders appear to be incarcerated, civilly committed, deceased, or deported. Not all sex offenders listed on a state's registry are living in the community; in Florida, 47% of registrants are listed as either incarcerated or living in another state. About 14% of offenders nationwide are designated as sexually violent predators or high risk. Approximately 86% of the sample had minor victims, with about one-third having victims under 10 years old. About 87% of victims were female.


CO - Investigation: Sex offender serving ice cream at DQ (Media Vigilantism)

Original Article

This is nothing but media vigilantism to get a story. Why didn't the man or the media ask the police to investigate instead of becoming vigilantes?

05/13/2011

By Heidi Hemmat

CASTLE ROCK - It’s the last place you would hope to find a sex offender – at an ice cream shop packed with children.

But that’s where FOX 31 found a registered sex offender, 25-year-old [name withheld], serving up ice cream to unsuspecting parents and their kids at Castle Rock’s Dairy Queen on South Wilcox St.
- Most people who go to Dairy Queen are accompanied by their parents, which is mentioned above, so what is the problem? The Colorado registry has the following warning on it, so maybe this offender should sue the news crew?

"The use of the sex offender registry information to harass, endanger, intimidate, threaten or in any way seek retribution on an offender through illegal channels is prohibited. Any person who engages or participates in such acts may be charged criminally."

[name withheld]’s adult criminal record includes failing to register as a sex offender from a crime he committed as a juvenile. He also has been arrested for theft-related crimes, DUI, kidnapping and assault.
- So his crime was as a juvenile, and I'm only speculating here, but it was probably a "Romeo And Juliet" type crime (i.e. Having sex with his girlfriend, or playing doctor), but without the media doing their job and investigating further, nobody knows.  Plus, this man is not on the public sex offender registry, but leave it to the media to smear his name and force him to lose his job!

We confronted [name withheld] while he was working at the Dairy Queen and he tried to get away from our cameras.

The owner of the franchise, Molly Pang, defended [name withheld], even after we informed her he is a registered sex offender.

"I have no problem with him," she told us.

Pang admitted she has several convicted felons working for her that she hired right out of prison. "I’m helping them out," she said, because she believes everybody deserves a second chance. Pang did not think parents should be concerned.
- Amen!

However, some parents we spoke with disagree.

"I think there's a big problem," Heather Allen said. "I don't think I will ever go there." Another mother, Sherice Campbell, told us she often takes her family to the Dairy Queen.

"I want to go in, eat my ice cream and enjoy it as a family. I don't want to sit there and think, Oh God, there's a (sex offender)," Campbell said.
- Heidi changed this after we left a comment on the original article.  It did say (pedophile), defaming the man, which can be seen in their fear mongering video.

FOX 31 Denver contacted Pang again after our initial interview. She told us [name withheld] lied to her about his criminal record, and she didn’t know he was a sex offender until after we confronted him. She says [name withheld] no longer works for her.
- So the media help get someone fired who was doing nothing wrong, how vigilante of you!


IN - Court of Appeals says convicted rapist must be removed from state sex offender registry

Original Article

It's about time judges, who took oaths to defend the Constitution, see the laws for what they are, unconstitutional!

05/12/2011

ELKHART - The Indiana Court of Appeals has ruled that a convicted rapist doesn't have to register as a sex offender.

The Elkhart Truth reports that 39-year-old [name withheld] was convicted of rape and criminal deviate conduct in 1995, the year after the statewide registry went into effect. But the judges ruled that since his crimes were committed about three weeks before the law took effect, it didn't apply to him.

The court says applying the law to [name withheld] would violate the constitutional prohibition against laws that retroactively increase punishment.

The court sent the case back to a local judge to remove [name withheld] from the registry.


MS - Jury convicts man (Henry Lee Craig) in sex offender’s killing

Henry Lee Craig
Original Article

05/11/2011

By MARGARET BAKER

PASCAGOULA -- A Jackson County jury deliberated for fewer than four hours Wednesday before finding Henry Lee Craig of Moss Point guilty of murder in the May 30, 2009, shooting death of sex offender [name withheld].

Senior Circuit Judge Kathy King Jackson sentenced Craig to life in prison to run consecutively to the remainder of a 12-year sentence he’s serving for shooting into [name withheld]’s home in 2007. No one was injured in that incident.
- Hmm, if he was sentenced in 2007 to 12 years in prison, how did this happen?

The Jackson County District Attorney’s Office said Craig told agents with the FBI Safe Streets Task Force after the killing he was glad [name withheld] was dead because he didn’t consider him a human being.

Mr. Craig decided to be the judge, jury and executioner in this case,” Assistant District Attorney Bobby Knochel said Wednesday. “No one is above the law and Henry Craig learned that today.”

Craig first went to trial on the murder charge in August 2010, but jurors could not reach a unanimous verdict, resulting in a mistrial.
- What?  Why?  Because he killed a sex offender, is that why?

Several witnesses identified Craig as the man they saw shoot [name withheld], 67, as he was attempting to go inside his house on Barnett Street in Moss Point.

When authorities arrived, [name withheld] was still alive and told authorities another man, twice-convicted felon [name withheld], had shot him. Just prior to [name withheld] being shot, he had gotten into an argument with [name withheld], and [name withheld] had shot [name withheld] in the arm.

[name withheld] has testified he ran away once he was shot but later saw [name withheld] attempting to go into his house. [name withheld] fingered Craig as the man who shot [name withheld]. Witnesses said Craig thought [name withheld] was responsible for a recent rape of a then-7-year-old girl. [name withheld]’s son, [name withheld], was convicted in that case.

Craig and [name withheld] had several run-ins prior to the fatal shooting, including the 2007 shooting incident at [name withheld]’s home. Craig has been serving his sentence for shooting into [name withheld]’s home since his arrest in the murder.

District Attorney Tony Lawrence described Craig as a “dangerous individual,” with convictions for armed robbery, kidnapping and shooting into an occupied dwelling.


TX - Revised version of sex offender bill once vetoed by Perry wins legislative OK

Original Article

05/11/2011

By Dave Montgomery

AUSTIN - A "Romeo and Juliet" bill vetoed by Gov. Rick Perry in 2009 is on its way back to the governor's desk, and this time its supporters are confident that Perry will sign it.

The bill by Rep. Todd Smith, R-Euless, and Sen. Royce West, D-Dallas, is designed to spare teen-agers and young adults who engaged in consensual sex from being branded as sex offenders. The measure was dubbed as the "Romeo and Juliet" bill when it was introduced in the 2009 Legislature.

In vetoing the 2009 bill, Perry said the measure failed "to adequately protect young victims." But Smith said the governor has signaled his support for this year's revised version of the bill and has committed to sign it.

The Texas House approved the Senate-passed measure by a vote of 136-5 on Tuesday, sending SB198 to Perry's desk.

The bill is designed to exempt a young defendant from being required to register as a sex offender if the individual was involved in consensual sex with someone no more than four years younger. The proposed statute would also require- that the victim or intended victim be at least 15 years old, compared to 13 in the 2009 bill.

Under current law, according to a legislative analysis of the bill, consensual sex does not exist in Texas when one of the subjects involved is a minor.

Currently, a young man who is 18, 19 and 20 who enters into a consensual sexual relationship with a female under 17 faces the possibility of being convicted of sexual assault of a minor and would be required to register as a sex offender for the rest of his life.

Smith, an attorney, said the current requirement has forced hundreds of people to register as sex offenders, even though they were engaged in consensual sex, subjecting them to life-long social stigma. Many are unable to find jobs or attend school events for their children, Smith said..

"It labels people for life as something they are not," Smith said.

SB198 would allow the defendant to petition the court to be exempt from registering as a sex offender. The judge would hold a hearing to review evidence and testimony about the relationship between the defendant and the victim or intended victim.


CA - SDPD Officer (Daniel Dana) Jailed For Rape; Chief Fires Him

Daniel Dana
Original Article

05/11/2011

Update: Trial postponed for former officer accused of sexual assault

SAN DIEGO — A three-year veteran of the San Diego Police Department is in County Jail today, accused of raping a prostitute overnight in Presidio Park.

Daniel Dana, 26, was arrested and booked one day after Police Chief William Lansdowne apologized for recent police misconduct. The besieged chief turned around and fired Dana this afternoon.

The now-former officer is accused of rape, kidnap, assault by a public officer, oral copulation by threat of authority, oral copulation by threat of retaliation and rape by threat of retaliation among other charges.

Television stations are reporting that polices sources said the officer demanded sex in exchange for not sending the woman to jail.

The department issued this press release on the incident this afternoon:

"Yesterday, the San Diego Police Department released a comprehensive program intended to address the recent spike in officer misconduct cases. Unfortunately, shortly after its release, the San Diego Police Department arrested and booked into jail another one of its own.

On Wednesday, May 11, 2011 at approximately 3:00 a.m., a 34 year old female alleged she was raped and forced to orally copulate an on-duty San Diego Police officer. The female stated she had developed a friendly relationship with the officer over the past several weeks and that she received a text message from the officer and arranged to meet him. According to the victim, once they were together, the officer told her that she would be arrested if she did not perform sexual acts with him. Fearing arrest, the female went with the officer to a local park where she complied with his demands. The female called the San Diego Police Department to report the incident.

At approximately 2:00 p.m., Officer Daniel Dana, was booked into county jail and charged with kidnapping and rape under the color of authority. Daniel Dana, 26, has been with the Department for approximately 4 years. As of today, Dana is no longer a member of the San Diego Police Department.

The Sex Crimes Unit will continue to investigate the incident.
"