Sex Crimes

Vermont Given More Time to Comply With Adam Walsh Act

The federal government has provided Vermont, and several other states additional time to comply with provisions of the Adam Walsh Act. The Bennington Banner has more. From WCAX:

[The Act] requires Vermont expand its online sex offender registry, even though lawmakers passed legislation this session, expanding it to nearly 1,500 names. Federal law requires more names and more information. The original deadline was July.

But Senator Patrick Leahy argued Vermont, and many other states need more time to update the information, and the costs associated with it, just isn't in the budget for many states due to the recession.

No state is in compliance yet. No new deadline was set by the government.

Judge Kent Reports To Prison

Judge Samuel Kent entered a federal prison medical facility in Massachusetts beginning a 33-month sentence stemming from years of predatory sexual assaults on two federal courthouse employees.  From the Houston Chronicle:

Kent, the first federal judge to enter prison since 1991, has refused to immediately resign his post triggering rare House impeachment proceedings to remove him and cut off his $174,000 annual salary.

The House Judiciary Committee unanimously urged House action last week after graphic testimony about his sexual assaults from two victims, case manager Cathy McBroom, 50, and legal secretary Donna Wilkerson, 45.

Kent’s lawyer, Houston attorney Dick DeGuerin, told the Houston Chronicle on Monday that Congress was trying “to strip a United States district judge with eighteen years of honorable service of his hard-earned retirement and medical benefits because he's pled guilty to lying about his relationship with his long-time personal secretary.”

DeGuerin said lawmakers wanted to “publicly posture while spending more taxpayer money on the impeachment process than the cost of allowing Judge Kent his retirement and medical benefits.”

Terry W. Yates, who serves as Wilkerson’s attorney, said “while Sam Kent's imprisonment does bring some closure to Donna Wilkerson, it does not come with vindication, but instead, with a sense of sadness at the human tragedy that his life has become.”

H/T: Sentencing Law & Policy.

Justice Department's SMART Case Law Update #25

As previously noted, the Justice Department's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) occasionally posts updates on case law developments in the sex offender realm. You can view the latest update here. Here are some of the cases from Update #25:

Doe v. Department of Public Safety, 2009 Md. App. LEXIS 56 (May 12, 2009)

Doe challenged the conclusive presumption of dangerousness (and the attendant registration and notification requirements for a “sexually violent offender”) that flowed from a conviction for rape.  This presumption was permissible.  In addition, his privacy, due process, and equal protection challenges were rejected.
 
Wallace v. State, 2009 Ind. LEXIS 401 (April 30, 2009) (link)
 
Relying in part on the decision in Doe v. State, 189 P.3d 999 (Alaska 2008), the Indiana Supreme Court held that the state’s sex offender registration and notification scheme was punitive under the Mendoza-Martinez factors and, as such, application of its requirements to an offender convicted and sentenced prior to the initial passage of the law was unconstitutional.
 
Jensen v. State, 2009 Ind. LEXIS 400 (April 30, 2009) (link)
 
Where petitioner was convicted and sentenced in 2001, and the only changes to the sex
offender registration and notification scheme since that time could fairly be characterized as
‘civil and regulatory’ under the Mendoza-Martinez factors, retroactive application of those
amended provisions was not a violation of the Ex Post Facto clause.
 
Commonwealth v. McBride, 2009 Ky. LEXIS 52 (April 23, 2009)

McBride was convicted of a sex offense in Tennessee and registered as a sex offender
there.  He subsequently moved to Kentucky, and failed to register as a sex offender as required
by Kentucky law.  Even though he was not specifically notified of his registration obligations in
Kentucky, the Court held that failure to register was a strict liability offense, and that he had an
absolute duty to register as a sex offender once he became a resident of Kentucky.

SCOTUS Grants Cert in US v. Comstock

Just as Eugene Volokh predicted, this morning the U.S. Supreme Court granted certiorari in United States v. Comstock.  It really isn't a surprise at all given Roberts' unusual order in the case. The case (actually three cases) will test the constitutionality of a recent law which allows federal officials to order the indefinite confinement of individuals considered to be sexually dangerous. For more coverage, check out The Faculty Lounge, Sentencing Law & Policy, Volokh, Reuters, The Christian Science Monitor, The Associated Press, and Fox News. We have previously blogged about the Comstock decision here, here, here, and here. Baby permitting, I should have some more comments about the case this week.

House Impeaches Judge Kent

Former federal judge Samuel Kent was impeached in the House by a 389-0 vote. The Senate is expected to convene a trial in the next few weeks. You can view our earlier coverage of Judge Kent here and here. Sentencing Law & Policy, How Appealing, and the ABA Journal have more. You may view the actual impeachment resolution here. From the ABA Journal:

Not a single representative spoke on the imprisoned jurist's behalf, and the vote on the first of four articles of impeachment was 389-0, reports the Houston Chronicle. All four were swiftly approved in roll call votes that took only 30 minutes to complete.

The charges accuse the Texas-based judge of abusing his power by sexually assaulting two female court workers and lying about his conduct to authorities.

It is the first time since 1989 that a federal judge has been impeached. A speedy Senate trial is now expected, and could begin next month.

As detailed in earlier ABAJournal.com posts, the 59-year-old Kent pleaded guilty in February to obstruction of justice in a matter related to his admitted nonconsensual sexual conduct concerning the two court workers. He began serving his 33-month sentence on Monday, at a prison medical facility in Ayer, Mass.

“This is the first time a federal judge has been convicted of a felony, has reported to prison and has still not resigned from his office. This shows how deep Judge Kent’s audacity truly runs,” Goodlatte said.

Justice Department's SMART Case Law Update #24

As previously noted, the Justice Department's Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) occasionally posts updates on case law developments in the sex offender realm. You can view the latest update here. Here are some of the cases from Update #24:

People v. Blair, 2009 N.Y.S.2d 890 (CCNY Albany, Feb. 18, 2009); People v. Oberlander, 2009 N.Y. Misc. LEXIS 325 (Rockland Cty., Jan. 22, 2009)
 
Citing the decision in G.H. v. Township of Galloway, 951 A.2d 221 (N.J. App. 2008), held local residency restrictions invalid because they are preempted by the comprehensive and detailed State-level regulatory scheme regarding the registration of sex offenders.
 
People v. Knox, 2009 N.Y. LEXIS 16 (Ct. App. Feb. 17, 2009)

Knox and her co-petitioners had all been convicted of non-parental kidnapping of a minor.  Their due process challenge to being listed on the New York Sex Offender Registry was rejected.
 
U.S. v. Rose, 2009 CCA LEXIS 56 (Feb. 12, 2009)
 
Because the court concluded that Rose’s counsel “affirmatively misrepresented” that he would not have to register as a sex offender, and he pled guilty at least in part because of that misrepresentation, it constitutes ineffective assistance of counsel, and the findings of guilt were set aside.
 
Burchette v. Sex Offender Screening and Risk Assessment Cmte., 2008 Ark. LEXIS 551 (Oct. 23, 2008)
 
Arkansas’ sex offender registry scheme calls for a risk assessment to determine what level of community notification is required for an offender.  Burchette wanted to have a hearing (where he could testify, in person) before that determination was made.  The court concluded that because Burchette was interviewed as part of the assessment process, and could submit a written statement to the appellate committee, there was no due process violation.

The decision in Rose should be noted by criminal defense attorneys as plea deals in sex offense cases often revolve around whether the defendant will be required to register as a sex offender. Under the AWA, avoiding registration is increasingly hard to accomplish since courts seem to be taking a non-categorical view of what constitutes a "sex offense" under SORNA.

House Judiciary Committee Recommends Impeaching Judge Kent

ABA Journal reports that a House Judiciary Committee has referred four articles of impeachment against U.S. District Judge Samuel Kent based on allegations of sexual misconduct. Earlier Kent coverage is available here. From the ABA Journal:

A House Judiciary Committee task force has taken a first step that could lead to the impeachment of U.S. District Judge Sam Kent based on accusations of sexual misconduct and false statements about his actions.

Kent has been sentenced to 33 months in prison following his guilty plea for obstruction of justice.

The panel referred four articles of impeachment against the Galveston, Texas, judge to the full House Judiciary Committee, according to the Houston Chronicle and the Galveston County Daily News. The Chronicle describes the vote as “a hurry-up bid” to stop Kent from collecting a judicial paycheck before he reports to prison on June 15.

Kent has submitted his resignation—but it won’t take effect until June 1, 2010, a move designed to allow him to continue to collect his $174,000 annual salary and health benefits in the meantime.

Kent had entered the guilty plea to obstruction as part of a plea bargain in which he admitted to nonconsensual sexual contact with two court employees. The first two articles of impeachment refer to the sexual misconduct and the second two refer to false statements made to federal appeals court investigators.

Carnival Against Sexual Violence 68

I'm behind on a few events around the Web. To start, you can find the Carnival Against Sexual Violence 68 here and this is the legal section:

In Drug rape doesn't happen... oh wait posted at The Feminist Housewife, we get a discussion of the danger that comes from refusing to believe reports of drug-facilitated rape can be accurate.

In That Horrible Taxi Rapist Guy posted at Cruella-blog, we get a discussion about the conviction of cabdriver John Worboys and how this crime can impact those who may never know if they were a victim of this type of rapist.

In Burglary is Not a Non-Violent Crime, #2: A Lesson on DNA and Recidivism posted at Crime Victims Media Report, we get a discussion of what happens when certain crimes are dismissed or under-prosecuted simply because they are deemed non-violent.

In Speechless posted at The Curvature, we get a discussion of the rationalizing statements made by Josef Fritzl when he pleaded guilty to only some of the charges against him.

In Thanks for your input, Rudolf posted at Fuck Politeness, we get a discussion of justifying comments made by the attorney representing Josef Fritzl.

In Rape Not Necessarily a Crime in London - Until Last Year posted at Change Happens, we get a discussion about the improper classification of reports to the police by women who believed they might have been raped while unconscious as no crime.

In It's not "sex," it's rape posted at Feministing, we get a discussion of a case where an 18 year-old man was given only 6 months in jail for raping two women.

In Dismissive attitudes towards rape victims persist in the Met posted at The F-Word Blog, we get a discussion of rape complaints that were repeatedly filed as ‘Crime Related Incidents (CRIs)’ rather than as alleged criminal offences in six Metropolitan boroughs.

In Two wrongs = suspended sentence for rape posted at In a strange land, we get a discussion of a judge who treated an underage girl being "severely drunk" as a mitigating factor when it came to reducing the sentences of two men convicted of having underage sex with her.

In Thoughts on Castration for Sex Offenders posted at The Curvature, we get a discussion about debates raging in Europe over whether is ethical and/or smart to castrate sex offenders as a form of punishment or rehabilitation.

"Restorative Justice and Child Sex Offences: The Theory and the Practice"

Sentencing Law & Policy notes the availability of this interesting new article from the British Journal of Criminology.  You can read the article on SSRN here. From the abstract:

Restorative justice advocates have made a number of claims about the effectiveness of restorative justice in relation to sexual assault crimes, such as its ability to defuse power relations between the parties and heal the harm.  This article examines whether or not restorative justice is one of the ways forward in the difficult area of prosecuting child sex offences by re-analysing some of the data reported in Daly (2006) and comparing restorative justice with other reforms to the sexual assault trial.  It concludes that there is insufficient evidence to support the view that there are inherent benefits in the restorative justice process that provide victims of sexual assault with a superior form of justice.

La. Gov. Scraps Civil Commitment Program

Louisiana Gov. Bobby Jindal, the man who in March proposed chemical castration for sex offenders, has now scrapped a proposed post-prison civil commitment program as too expensive. From the Daily Reveille:

Lauren Mendes, a spokeswoman for the Department of Health and Hospitals, said the proposal was dead for the current legislative session.

"It is a concept that DHH and the governor's office do support and will revisit when it's more financially viable for Louisiana," she said.

Rep. Fred Mills' bill would have provided treatment for certain sex offenders after their release from prison. Mills said the program would require about $12 million over five years — for surveillance equipment, medication and psychiatric evaluations — an expensive price tag in a year of budget cuts.

Jindal is backing several bills this year to crack down on sex offenders, but Mills' was the most ambitious. The others are changes to existing law, such as lengthening certain prison terms for sex crimes.

"We know that Rep. Mills has worked hard on this bill and we support his work to find a more cost-effective way to pursue this legislation, especially as we face multiple-year budget challenges," said Kyle Plotkin, a spokesman for the governor's office.

Mills said initial estimates for the civil commitment program — $26,000 annually per sex offender — turned out to be low compared to a similar program in Texas. Most sex offenders in the program would also require the treatments for life, Mills said, compounding the future costs.

Mills told the House Appropriations Committee that he agreed with the governor's office and DHH that the bill is too costly.

As the California experience with lifetime real-time GPS monitoring has illustrated, the economic woes of the country might slow the rate at which different governments adopt more restrictions on sex offenders.

H/T: Sentencing Law & Policy.