Sunday, January 26, 2014

TX - On the Media - New frontiers in child porn law

Child porn
Original Article

01/24/2014

By Karen Duffin

The Supreme Court is weighing how much defendants convicted of possessing images of child pornography should have to pay in restitution to the victims depicted in those images. The case involves a woman known as “Amy,” whose uncle raped her when she was a young girl and circulated photographs of the abuse online. He eventually went to jail, but those photos became among the most widely viewed child porn in the world. Karen Duffin reports on Amy’s quest for restitution.

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DC - W.A.R. is Going to Washington D.C.

Original Article

01/26/2014

By Kim Dubina

You read the header correctly! W.A.R. is going to Washington D.C.!

In light of the recent upcoming hearing of _____ and his Idiot registry, W.A.R. thought it imperative to present and show support. Although we do NOT agree with any form of public registries, we DO agree with Mr. _____'s right to teach his audience (the public and lawmakers) that registries are punitive and do cause harm to those who are on them. Additionally, _____ is being represented by the ACLU. W.A.R. has been told numerous times that we must connect and affiliate with the ACLU on civil rights issues....this IS our connection!

W.A.R. board member, Vicki Henri and several D.C. members will be in attendance at the Washington DC Superior Courthouse with our banners and information on Tuesday, January 28th, 2014. (The scheduled time for the actual hearing is at 2:30 pm.)

To read more about the hearing and Dennis' story here is a link to the article.

As always, W.A.R. can not make these events and be present without your monetary donations. In order to have representatives from the Admin team attend the D.C. hearing and other upcoming venues, we have to rely on your generous contributions to help pay for flight and travel expenses. Please help us help you! Every penny helps! To make a donation, please visit the W.A.R. website and click on the "donate" button.

If you have any further questions or concerns, please contact us!

As Always, Thank you in advance for your support!

Vicki and Kim


GA - Entrapment defense is seldom successful

Entrapment?
Entrapment?
Original Article

01/26/2014

By Emma Witman

Burden of proof remains on suspects who claim enticement by law officers

Undercover law enforcement officers from local and federal Northeast Georgia agencies recently have netted arrests by posing as poachers, drug dealers, militia members and 15-year-old girls.

Such investigative tactics often rankle the targets, who claim a pure mind was pushed to criminality by an officer, alluding to the legal concept of “entrapment.”

But that’s a legal defense far more difficult to prove than perhaps it’s often construed, legal experts said.

The government can stick any amount of meat in front of your nose and even have you open your mouth, but you’re the one who chooses to bite,” Circuit Defender Brad Morris said.

Georgia criminal code says that a person is not guilty of a crime if entrapped. Entrapment occurs when the idea and intent of committing a crime originated with a government officer, employee or agent who has additionally by “undue persuasion, incitement, or deceitful means, induced the accused to commit the act which the accused would not have committed except for the conduct of such officer.”

In decades of practice, Morris said he has never seen an effective entrapment defense.

Entrapment technically is a defense. It just hardly ever works,” he said.

In federal court, a defendant can deny committing a crime and simultaneously argue he was entrapped into committing a crime, Assistant U.S. Attorney William McKinnon said. The burden is on the defendant to provide such evidence.
- We thought the intent of the "justice" system was for the legal system to prove the person committed a crime, not the other way around?

If the defendant is unable to make that showing in the trial, then the defendant is not entitled to an entrapment instruction with the jury,” McKinnon said. “The trial judge decides whether there’s a minimum amount to even raise it with the jury.”

An entrapment instruction was requested in the trial of two Toccoa men convicted Jan. 17 on domestic terrorism charges, McKinnon said. U.S. District Court Judge Richard Story did not find sufficient evidence that an undercover agent had persuaded the men to conspire to make Ricin with castor beans.

Yet Georgia code doesn’t allow defendants to both deny their conduct and assert entrapment, or essentially the “I didn’t do it, and if I did, I was entrapped” defense.

Russell Gabriel, a law professor at the University of Georgia, said entrapment is somewhat analogous to self-defense in that sense.

They are both what are called affirmative defenses,” Gabriel said. “You have to admit the deed, but this is a legal excuse for having done it, and those are jury questions.”



Female Offenders Driven by More Than Sex

Stop demonizing men!Original Article

By Bryan Robinson

What would drive a woman to sexually abuse a child? Experts say it's not just sex.
- The same applies to sexual abuse by men.

According to the Justice Department's most recent statistics, sex offenses are still very much a man's crime. Female sex offenders are very rare: 96 percent of the sex assaults reported in 1999 involved male perpetrators.
- We doubt that!  Most men / boys who are sexually abused do not tell because it's seen as a "badge of honor" or they'd be seen as a wimp if they told.  We believe women commit many sexual assaults as well, they are just not reported, but that is just a guess.

Women were most commonly involved in sex abuse cases involving victims under age 6, making up 12 percent of those offenders. Women were involved in 3 percent of the sex cases involving victims age 6 through 12, and 3 percent for victims ages 13 through 17.
- Again, this is only for those reported cases.

Because they are so rare, experts are not able to draw an accurate profile of a typical female sex offender. However, some say loneliness drives female offenders more than sex.

"They don't seem to be pedophiles like men," said Hollida Wakefield, who has studied and treated sex offenders for more than 20 years at the Institute of Psychological Therapies in Minnesota.
- Most men who commit sexual assaults against children, based on the definition, are not "pedophiles" either, but they are continually portrayed as "pedophiles" by the media.

"There are some cases where some people are in bad relationships or marriages and are just really lonely, and they find themselves in a relationship with these children," she said. "It isn't so much that women are sexually aroused. Keep in mind that the definition of a pedophile is someone infatuated with the idea of being sexually aroused by someone who has not come of age."

"And I would think it would be really difficult for a woman to become aroused by a boy — a 6-, 7-, 8-year-old — just beginning to be a young man," she said.

"Not all pedophiles are sexual offenders and not all sexual offenders are pedophiles," Wakefield continued. "A female being aroused by a 6-year-old, that's got to be pretty rare — it's rare in males generally, but it's even more rare in females."

Teenage female offenders, Wakefield said, typically commit their crimes when they are experimenting or discovering their sexuality. Many cases tend to involve women who are in a position of power over children, such as teachers.

In Utah, a female gymnastics coach awaits trial for allegedly raping and sodomizing a 12-year-old male student. A 24-year-old New York teacher is charged with having a sexual relationship two 16-year-old male students at the high school where she worked. And this past August, a former Bentonville, Ark., special education teacher pleaded guilty to first-degree violation of a minor for having sex with one of her 16-year-old students.

Double Standards Facing Suspects

Women are not all
sugar and spice!
But shock does not necessarily mean outrage. Male and female sex offenders may experience a double standard in the social perceptions of men and women. Male offenders may receive less sympathy because their cases are more common. The public, some experts believe, is always more shocked — but perhaps not as outraged — by stories about female-on-male rape because of women's perceived traditional roles in society.

"I think the first reaction is denial," said Gail Ryan, who has studied hundreds of sex offender cases. "Then people think, 'She has to be crazy.' I think the public feels that a woman who does such things must be mentally ill, as opposed to the whole population of men [who are sex offenders]. That's because women are regarded as nurturers and mothers."

No wonder experts say that _____, the former school teacher serving time for having an affair with one of her students (and ultimately bearing him two children), never would have generated headlines and a made-for-TV movie, if she had been male and her victim female. No wonder the general public is shocked by the case of _____, a former Wisconsin social worker who goes on trial today of sexually abusing four boys over a 10-year period.

Male Victims' Quandary

College drinkingStill, abuse cases involving male victims and female perpetrators may be underreported because of the societal attitudes and myths surrounding boys' sexual development. One girl's rape may be a boy's "rite of passage."
- Exactly!

"In society, it used to be that with a 13- or 14-year-old male, if his first sexual experience involved a 25-year-old girl who may well have taken advantage of him, his male counterparts may say, 'Hey, you lucked out,'" said Dr. Richard Gartner, who has treated male sex-abuse victims. "It was almost seen as a right of passage. That's the only group that later recalls such experiences as 'lucking out.' You don't find that in females. Today, that kind of behavior is regarded as sexual assault."

Male victims, some experts believe, can be more confused than females because of the myths. Because boys tend to be easily sexually aroused, Gartner said, adults can manipulate their victims into thinking they were equal and willing participants in sexual acts. Males can also believe that they allowed themselves to be abused and therefore are "sissies" or that they must be gay. Male victims may also believe they will be "turned gay," especially if the abuser is male.

Because of these various myths, male victims may not admit or even realize they've been abused until they reach adulthood.

"Adults can be very clever," said Gartner. "With female assault of boys, children, the abuse can often happen in the guise of something dealing with cleanliness, like during bathing. … There seems to be very little [in society] out there for a boy to feel like his betrayal is validated."


DC - Obama To Sexual Assault Victims: 'I've Got Your Back'

Obama's got your back?
Original Article

We already have laws for sexual abuse / assault, so why do we need more? And didn't he make another "promise" awhile back?

It's the Same old song and dance, it's the same old "How to look "tough" while doing nothing routine!

Also Mr. Obama, this is not just a MAN issue. Women commit sexual assault as well, so stop DEMONIZING men!


01/25/2014

WASHINGTON (AP) - President Barack Obama says sexual assault affects not only individual victims but the entire country.

In his weekly radio and Internet address, Obama says sexual assault is an affront to basic decency and humanity. He's promoting a White House task force he's created to address the problem on college campuses.
- And the unconstitutional sex offender laws sweeping this country are also an affront to basic decency and humanity!

Obama is telling victims that they're not alone. He says, quote, "I've got your back."

Obama says government has a role in ending sexual assault. But he says it's up to everyone to teach young people to help put an end to the crime.

In the Republican address, Sen. Roy Blunt of Missouri says Obama's economic policies are hurting poor Americans. He says Obama should join Republicans in growing the economy.


NV - Nevada’s disappearing sex offender

Vanishing man
Original Article

01/25/2014

Big changes for sex offenders in the western US state of Nevada. If implemented on February 1, 2014 as planned, the stealth roll out of the Adam Walsh Act will have a number of unintended consequences. These include: a dramatic increase in the number of citizens required to register as sex offenders including all those as far back as 1956 who were convicted of sex crimes against minors–even when the offender was himself a minor at the time. So a 12-year-old boy who in 1956 who molested (or played doctor with) his 10-year-old sister would now be required to register as an FDR 3. FDR stands for “frequency and duration of registration.” FDR 3 requires former offenders to register their name and address every three months. The number of people who would be required to register quarterly (FDR 3) is estimated to rise in the Reno metro area alone from a few dozen to about 3,000 to 4,000 individuals. The number will rise to some 40,000 individuals across the state.