Showing posts with label sex offender laws. Show all posts
Showing posts with label sex offender laws. Show all posts

Saturday, November 11, 2017

About Roy Moore and Others Accused of Sexual Misconduct

Roy Who?

Roy Moore is a judge in Alabama who is a candidate for a seat in the US Senate representing Alabama. While he won the 2017 election, there was a bombshell revelation that he stands accused of sexually abusing a 14-year-old girl and having sex with several high school students.

Since the #MeToo campaign several weeks ago, survivors of sexual abuse or harassment have been coming out of the woodwork to share their stories of victimization. This has not only affected Alabama, it is affecting us right here in Minnesota.

Dan Schoen and Tony Cornish

Dan Schoen (DFL representative in the Minnesota House) was recently accused of sexual harassment. A day later, a lobbyist came forward to accuse Tony Cornish (GOP representative in the Minnesota House) of sexual harassment. Both Schoen and Cornish are members of the Minnesota House Public Safety Committee. Cornish had been the chair, but the GOP speaker of the Minnesota House has stripped him of his chairmanship.

The allegations against Cornish will be investigated by an outside firm, according to the most recent information from the Pioneer Press.

Why I Believe the Victims

I have seen many questions, accusations, and comments floating around the internet. Some of them are to the effect of, "Give these men due process, they are innocent until proven guilty." Some of them state that the victims may have ulterior motives. Some of them wonder why victims took so long to report the revelations, and why now.

As an advocate for the prevention of sexual abuse, I have read some research in the way of false allegations. The fact of the matter is, they are quite rare, less than 8% of child sexual abuse cases are false allegations, and of those, they usually originate with adults, not the victims themselves. While I am less familiar with sexual assault as a whole, Quartz did an excellent piece this past May where they discussed just how prevalent false allegations are.

In short, I think there is ample evidence for the statistical likelihood that victims in general tell the truth. When it comes to these specific allegations against Moore, Cornish, and Schoen, I believe the victims, because I believe that not doing so does them a disservice, and not only them, but a disservice to all victims of sexual violence.

It takes an amazing amount of courage to come forward under a pseudonym and say that you were sexually abused, and I have seen many do just that. I am one of that number. It takes even more courage for someone to come forward using their real name, because they are putting their reputation on the line and trusting it to the not-so-trustworthy criminal justice system, which can support their accusation, or spread doubt about the veracity of their claims.

Where Does Due Process Fit In?

Where indeed? If we are to believe the victims, how do these accused men get their due process? To answer this, I must ask a very basic question: How many rapists ever face justice? To that end, the Rape Abuse Incest National Network paints a very scary picture: For every 1,000 rapes, only 310 are reported to police, 57 of those reports lead to arrest, 11 are referred to prosecutors, and 7 lead to a felony conviction. In other words, we prosecute less than 6% of rapists.

Due process means that an accused person has the right to face the allegations before a judge and jury, if they so choose, and defend themselves against the allegations. When most rapists never even reach that point, we have a failure of our system to hold perpetrators accountable. We also have a failure in our society in that we doubt victims when they come forward. If someone is to get their due process, then they first need to be charged with a crime.

After they are charged with a crime, then we can talk about due process, not before. The statute of limitations in Alabama, where Moore committed his act of violence, still allows him to be charged with the sexual abuse of a child under 16 years old. Moore should absolutely be charged. However, even then, it is extremely unlikely, even if he committed the crime he is accused of, that he will be charged, let alone convicted.

Our Justice System Already Fails at Due Process

In case you did not know this, we overlook due process when it comes to certain crimes. Sexual crimes are, "considered especially heinous," and because of this, a myriad of laws have been passed that to the average person, are obviously punitive. These include but are not limited to:

  • The mandate to register as a sex offender
  • Notifying the public of where sex offenders live
  • Restricting where sex offenders can live
  • Marking the passports of sex offenders
  • Travel restrictions due to registration status: If an offender visits another state, that state will require them to register in that state after a certain period of time
All of these requirements are not seen as punitive by most legislative bodies, they are treated as preventative measures that are aimed at improving public safety. However, these measures, according to the research, do no such thing, and have been heavily criticized by human rights organizations for - you guessed it - violating a person's due process rights, as well as other basic rights. 

In short, the very fabric of how we treat sexual crimes needs to change, not only in the criminal justice system, but in our everyday lives. When less than 6% of rapists get convicted, we have a systemic failure to hold perpetrators accountable, to believe victims, and to see that justice is served. When we require convicts to jump through extra hoops like the above restrictions after the completion of their sentence, we see a justice system that has become draconian and does not address the realities of what is effective in reducing crime: We see a system that blatantly violates the rights of both perpetrators and victims. 

I believe it is time for that to change. 





Friday, August 18, 2017

On Hate And Sex Abuse Prevention

Emotional Topic

You probably do not need me to tell you this, but the topic of sexual abuse, particularly prevention, is controversial and emotional for many people. This is because solutions often fly in the face of our deepest beliefs, and the facts challenge established stereotypes about how sexual abuse happens- and why. When our beliefs are challenged in that manner, we cannot help but become emotional. 

Much of this emotion, of course, is directed at abusers. I recently put it out there that I was sexually abused as a child. I also recently put it out there that I have a sexual attraction to children, and I wrote about why that does not immediately make me a risk to children. Those two statements bring up emotion, and they are controversial. 

As For Me...

...I do not hate my abusers. Maybe because my first step towards accepting my childhood and how it shaped me was a step of understanding. I wanted to know why people sexually abuse children. What drives that kind of behavior? How could someone possibly justify it? I believe, as a Christian and as a critical thinker, that I am more than justified in hating what was done to me and the effects it had. However, I do not believe I am justified in hating the people who abused me. Why? 

Because frankly, their evil actions were a handful of acts in an otherwise ordinary set of interactions. While they may be indicative of the thinking of those people at the time, the abusive actions did not represent the entire person. I do not believe that at least two of my abusers meant their actions as abuse, even if that is the effect their actions had on me. 

Cycle Of Hatred

Here in America, and indeed throughout world history, there is an ongoing cycle of hatred that still exists today. In the last two centuries, it was black people and women. Three and four centuries ago, it was black people and indigenous people, in North America and South America. Before that, it was religious warring. 

Hate has been an ongoing part of what it means to be human, and it is noble humans who seek to overcome that hatred and move on from it to love, accept, and include other humans who might be different from them. 

Hate Is Not Just About Race

The kind of hate we have seen in the last week is not about race. It is about our beliefs, and our entitlement to those beliefs. We resent anyone who challenges how we think about a subject, and we believe that we should have the right to hold the opinions and views that we do, and express them. However, this gets messy when other humans with those same rights but differing beliefs tell us we are wrong. Harsh words are exchanged, and violence all too easily ensues. 

Racism is just one expression of how this operates. Another expression is the making of laws: Laws that deal harshly with criminals are almost always the result of empathizing more with the victim than the perpetrator. This is as it should be, and the perpetrator of a crime should be held accountable and make some form of restitution. However, sometimes the laws we have created do not aid in preventing future crimes, and make it harder for criminals to have the means to provide restitution for what they did. 

Sex Offender Laws Do Not Follow Standard Justice

Yes, I am talking about sex offender laws. I do not believe that they are fair. Yes, I used the word fair. Every other criminal, even murderers, have a fixed sentence that they have to complete. In some cases, that is a life sentence, but once that sentence is complete, we consider justice to be served. While we may feel the sentence does not fit what we think happened, we have a system where a judge looking at as much information as possible determines that sentence. Even in this system, there are miscarriages of justice and the facts do not fit what is being sentenced. 

Sex offender laws ignore that. They visit and re-visit the offender's crime against them, often for their entire life. They must register. They must not live X distance from a school or park. They must notify their neighbors of something they did years ago. Their sentence does not have an ending. Some argue that the effects of child sexual abuse are lifelong. I disagree. I am just as worthy of healing and moving on as the people who abused me. 

Hate Against Sex Offenders Is No Different Than Racism

Yes, I just went there. If you hate someone because of the color of their skin, it is the same as hating someone for committing a particular kind of crime: You are judging the person (not their personality, their behavior, or a part of the person) for one single observable fact that you can see, and basing your opinion of that entire person on that one single fact. 

You are assuming to know based on one individual fact about the person that they are worthy of hatred. Regardless of what that one fact is, this hatred defies logic, defies the fact that the other person is human, and is no different than the systematic dehumanization that was practiced by the Nazis during WWII. When you take a human being of any kind and revoke their "humanity" card for one reason, without getting to know the person, you are doing exactly what Hitler did: Judging for yourself that the person is no longer human. 

Hate Impedes Prevention

The hatred of sex offenders and our endless desire for revenge must be separated from our hatred of sexual offenses and our endless desire for sexual assault and exploitation to cease in all its forms. If we want to prevent crime, we must understand the facts, and form policy accordingly. We must be level-headed about the policies we form, otherwise we fall prey to the same hate that we condemn in White Nationalist groups.

You cannot change the genetic makeup of another human being by believing they are not, any more than you can change the color of your hair by thinking about it. 

If we are to condemn racism because it treats others differently based on their different appearance, then we must condemn hatred in all its forms: Including the hatred of sex offenders.