Sex Crimes

Student Post - You Can Run, but You Can't Hide

The New York Times recently published an article rehashing the story of Roman Polanski, who was detained in Switzerland for deportation. Polanski now faces punishment for a 32-year-old conviction on one count of having unlawful sex with a minor—that was once viewed as a “lapse in judgment” by an otherwise clean individual. In 1977, at the age of 13, Samantha Geimer was drugged and raped by Polanski. Mr. Polanski fled the United States when the possibility of jail time and deportation was indicated by Judge Laurence J. Rittenband.

The most interesting part of this seemingly “normal” case of unlawful sex with a minor is the astoundingly relaxed manner in which sex crimes were viewed in the 1977 era. A report prepared by Polanski’s probation officers characterized the rape as an exercise of bad judgment and suggested that Polanski receive probation rather than actual punishment. This “slap on the wrist” recommendation was perpetuated by the laissez-faire view of sex crimes in this era, in addition to the victimization of Polanski. From the New York Times article:

[His probation officer’s report] described his birth to a Polish national father, Riszard Polanski, and a Russian national mother, Bula Katz, and told how his Jewish family was confined behind barbed wire in a Krakow ghetto during the German occupation.

In 1941, the report noted, Mr. Polanski’s mother was taken to Auschwitz, not to return. Later it said, “the defendant’s father cut the wires permitting the defendant to escape” the ghetto, to spend the war with Polish families.

Recapping the defendant’s background, the report said Mr. Polanski was blocked from attending advanced art school after the war “because of his Jewish origins,” lost his religious faith, and twice suffered a fractured skull, once as the result of an assault in Poland, once after a car accident. It noted a first marriage in Poland, and a second to the actress Sharon Tate, who, it said, “was killed by members of the Manson gang in Los Angeles in the well-documented case in 1968.”

I am sure these devastating life events endured by Polanski were riveting to his probation officer and certain Hollywood VIP’s who put effort into securing Polanski’s good character, but they are not by any stretch of the imagination justification for rape. In fact, as there is no justification for rape, Polanski’s broken past is completely irrelevant in defending his actions toward Geimer. It is alarming when rapists are victimized in this manner. Through the eyes of Polanski’s former probation officer, the emphasis is placed on the trials and tribulations of the rapist, rather than what the victim has endured for the past 32 years. Furthermore, cultural differences, the alleged provocation by the 13-year-old victim, and the speculative unlikelihood that Polanski would commit a subsequent offense are absolutely no reason that this monster should have been gifted with the lesser punishment of probation—not in that era, and certainly not in this era. Luckily, current trends are working towards stricter punishments for sex offenders, although modern day law enforcement and judiciaries constantly struggle with policing the parole of sex offenders.

Female High School Teacher Gets 12 Years For Sex With 17 Year Old Aide

A female high school teacher in Tennessee was recently convicted of having sex with a 17 year old male teacher's aide and received a 12 year sentence. Volokh and Above the Law have more. From the Tennessean:

District Attorney Ray Whitley said Sandy Binkley "got what she had coming to her."

David Ridings, Binkley's attorney, said it was the most egregious abuse of justice in sentencing that he has ever seen. "We hoped that (the judge) would follow the law. He failed miserably at that," Ridings said.

Binkley's attorney had hoped the former teacher would be sentenced to no more than three years. He plans to appeal.

Binkley, 37, the former teacher, was convicted Sept. 29 in Sumner County on two counts of statutory rape by an authority figure.

The convictions stemmed from a sexual encounter that occurred on March 20, 2008, between Binkley and a 17-year-old boy in a locker room office at Portland High School.

Binkley claimed she was raped.

Student Post - Brian Dugan, Convicted Murderer Seeks to Taint Jury Pool

Brian Dugan had been sentenced to life in inprison for the 1984 rape and murder of twenty seven year old Donna Schnorr and the 1985 rape and murder of seven year old Melissa Ackerman.

Prior to these two horrific incidents, Jeanine Nicarico a ten year old girl from Naperville was home from sick school with the flu on February 25, 1983.  Jeanine went missing on that February day to be found dead two days later.  Jeanine Nicarico was raped and murder just like Donna Schnorr and Melissa Ackerman would be a year later and two years later, respectively.

Countless other young girls and women were approached by Brian Dugan; some were able to escape unharmed, but others had not been so lucky.  In the aftermath of these terrible tragedies, several woman had come forth saying they had been raped by Brian Dugan.

In 1985, Brian Dugan admitted to raping and murdering Jeanine Nicaro; yet, his admission was completely disregarded.  Since then, two other men, Ronaldo Cruz and Alejandro Hernandez, had been wrongfuly convicted of the rape and murder of Jeanine Nicarico.  Both of these men had spent countless years in prison for a crime that Dugan had confessed to.  What does this say about our criminal justice system?

Over twenty years later, in November of 2005, Brian Dugan was first indicted for the rape and murder of Jeanine Nicarico.  Would justice finally be served?  Upon Dugan's indictment in the Nicarcio case, we have  learned of Dugan's troubled beginnings.  His dad was an alcoholic.  He ran away from home at fifteen when he committed his first burgarly.  Trouble with law enforcement led to Dugan being sent from one juvenile facility to another to jail to prison, but he had always been released early. 

At the age of seventeen, Brian Dugan approached a ten year old girl named Barbara asking for directions, but she was one of the lucky ones who was able to escape.

Now Brian Dugan is fifty two years old.  He has not seen the light of day since 1985; over twenty four years ago.  Twenty four years after confessing to the rape and murder of Jeanine Nicarico once again Brian Dugan has confessed to committing this terrible tragedy.  Joe Birkett, ironically, a John Marshall alumni, is pushing for the death sentence of Brian Dugan. 

Media reports tell us that Brian Dugan is in isolation for contacting media outlets.  It has been alleged that Dugan is contacting media outlets to taint possible jury pools.  In determing whether Dugan should be sentenced to death, is Dugan's attempt to contact the media really going to make a differnce when a jury of twelve decide his fate after he admitted to raping and killing a ten year old little girl?

Judge Bakalis describes Dugan's attempt to contact the media as one to spread the word that he is a changed man.  Will Bakalis' isolation of Dugan to prevent him from contacting the media really make a difference?  Will a jury have already made up its mind in deciding Dugan's fate?  A twice convicted rapist and murderer?  Brian Dugan is already serving life in prison.  Nothing the criminal justice system does can bring Jeanine back.  You be the judge on whether an attempt to cut off media publicity of the Brian Dugan potential death penalty sentencing will really matter?

http://www.dailyherald.com/story/?id-308721

http://www.chicagotribune.com/news/local/chi-dugan-plea-29-jul29,0,7666614.story

http://www.chicagotribune.com/news/local/chi-dugan-02-sep02,0,1048455.story?track=rss

Polanski Loses First Bid For Release

Roman Polanski lost his first bid for release from a Swiss jail while he awaits a formal request for extradition by U.S. authorities. The Wall Street Journal has more. From the WSJ Law Blog:

Polanski on Tuesday lost his first appeal to be released from a Swiss jail while the U.S. prepares its formal request for extradition. (How long does it take to prepare a formal extradition request, anyway?) 

The ruling was prompted by a request last week by Polanski’s lawyers to allow him to be held under house arrest while the situation developed. Polanski’s house arrest isn’t, as you might imagine, the house arrest of your average Swiss commoner — Polanski had requested to chill out at his ski chalet in Gstaad, a tony Swiss resort town.

In any event, the Swiss Justice Ministry rejected the request on fears that Polanski might flee — as, mais bien sur, he’s done before.

According to the WSJ, Polanski has one more chance to secure his release while his fate is decided. Last week, his lawyers filed an appeal with a Swiss federal criminal court to release him.

NYT: Why Arrest Roman Polanski Now?

With the recent arrest of fugitive film director Roman Polanski, the New York Times has an article asking: why now?  Polanski, who resides in France, was arrested in Switzerland where he owns a home and frequently visited. From the article:

The sudden move by Swiss authorities to arrest Roman Polanski for possible extradition to the United States after 31 years as a fugitive — and countless visits to Switzerland in the interim — has roused diplomats, offended supporters of the filmmaker and left more than a few onlookers asking themselves the same question: Why now?

Law enforcement officials here have said it was a simple matter of opportunity. 

But supporters of Mr. Polanski have said that this has been true many times since he fled the United States in 1978 to escape sentencing in a sex-crimes case involving a 13-year-old girl.

Piqued by claims that it had not pursued Mr. Polanski in the past, the district attorney’s office circulated a list of actions and queries by which it had monitored his travels in at least 10 countries, including what appeared to be a near miss, when officials relayed a request for information from Israel about a visit in 2007. “Polanski had left Israel and was not arrested,” by the time the information arrived, said the advisory.

Mr. Polanski’s lawyers, in an appellate court filing in August, said the district attorney’s office had avoided attempts at extradition, which might have resulted in hearings at which judicial misconduct would have been raised as an issue.

47 IQ, 100 Years in Prison

A teen with a 47 IQ was sentenced to 100 years in prison after pleading guilty in a sex abuse case involving his six-year old neighbor. From MSNBC

Aaron Hart, 18, of Paris, was arrested and charged after a neighbor found him fondling her stepson in September. The teen pleaded guilty to five counts, including aggravated sexual assault and indecency by contact, and a jury decided his punishment.

Lamar County Judge Eric Clifford decided to stack the sentences against Hart after jurors settled on two five-year terms and three 30-year terms, The Dallas Morning News reported Wednesday.

 

The judge said neither he nor jurors liked the idea of prison for Hart but they felt there was no other option.

Hart has an IQ of 47 and was diagnosed as mentally disabled as a child. He never learned to read or write and speaks unsteadily.

Despite being a target of bullies, he was courteous, well-behaved and earned money by doing chores for neighbors, supporters said. His parents say he'd never acted out sexually.

Jurors said they sent the judge notes during deliberations in February, asking about alternatives to prison, but didn't get a clear answer. They believed the judge would order concurrent sentences, jurors said.

District Attorney Gary Young said he sympathized with Hart's situation but stands by his decision to prosecute on five counts. Prosecutors commonly pursue several charges for a single incident to see which the jury will support.

Young said a diversion program was not an option since the law doesn't allow that for serious felonies.

Call for Papers: Sexual Violence In Conflict Zones

Thanks to Feminist Law Professors, we see this call for original papers. The topic is: “International Efforts to Address Sexual Violence in Conflict and Post-Conflict Zones." From the post:

President Obama has vowed to put women’s issues at the core of American foreign policy. His decision to institute an Ambassador-at-Large for Global Women’s Issues is unprecedented and reflects the elevated importance of global women’s issues to the State Department. Secretary of State Clinton has drawn attention to women at nearly every stop in her travels, most recently on a visit to eastern Congo to speak out against mass rape. Clearly Obama’s Administration recognizes the urgency of this crisis surrounding the use of rape as a tool in armed conflict in Africa and worldwide. Feminists in the academy have an opportunity to help shape the questions leaders will answer as they formulate policy to address: (1) sexual violence as a weapon of war; (2) sex trafficking as a by- product of war; (3) services to help victims of these atrocities.

In this spirit, we invite papers for an anthology on international efforts to address sexual violence in conflict and post-conflict zones. The twentieth and twenty-first centuries have witnessed historically unprecedented levels of violence against non-combatants as well as a concomitant rise in international and local efforts to assist survivors of conflict-related sexual violence. While a growing literature documents the use of rape as a tool of war, there is a glaring lack of accessible work on the initiatives and institutions currently tackling sexual violence as a serious issue in conflict and post-conflict situations throughout the world. Our co-edited volume will employ case studies from research on such global and local initiatives and institutions, thereby arriving at a deeper understanding of the various ways in which communities respond to this issue cross-culturally.

As we would like to specifically target our volume toward undergraduates and a general audience, we seek accessibly written chapters from a variety of methodological, theoretical and disciplinary standpoints, with a particular focus on the following areas: [1] the ability of international criminal tribunals to prosecute wartime sexual violence without further victimization of witnesses; [2] analyses of culture-specific practices and institutions, including NGOs and state initiatives that address gender-based violence in conflict and post-conflict situations; [3] efforts toward integrating men into the discourse of sexual violence as both victims and agents of power, including judges, prosecutors and state agency leaders; [4] the impact of military regulations and military culture in constructing accountability for soldiers, border guards, police, aid workers, and United Nations peacekeepers.

Report: Fed. Prison Staff Sex Abuse Claims Doubled Since 2001

A recent Justice Department report found that prisoner allegations of sex abuse by prison staff has more than doubled in the last seven years. You may read the actual report here. From the Washington Post:

Prisoners don't command much respect. Those who steal, rape and murder make life miserable for the rest of us and should pay for their actions.

But when society puts them away, they must be treated decently, humanely and in accordance with the law.

So a report last week from the Justice Department's inspector general was particularly troubling because it detailed crimes by an unexpected group: federal employees who work in the prisons.

Inspector General Glenn A. Fine calls it "staff sexual abuse of federal inmates." The document paints a disgusting picture of federal employees who have disgraced themselves, shamed their professions and dishonored the federal service.

As my colleague Carrie Johnson reported Friday, the inspector general found that allegations of sexual abuse and misconduct had more than doubled from fiscal year 2001 through 2008.

New Sex Offender Registration Scholarship

Thanks to Sentencing Law & Policy, we see a new article on SSRN by Amanda Agan (of the University of Chicago Department of Economics) entitled Sex Offender Registries: Fear Without Function? From the abstract:

I use three separate datasets and designs to determine whether sex offender registries are effective. First, state-level panel data is used to determine whether sex offender registries or public access to them decreases the rate of rape and other sexual abuse. Second, a dataset which contains information on the subsequent arrests of sex offenders released from prison in 1994 in 15 states is used to determine if registries reduce the recidivism rate of offenders required to register compared with those who do not. Finally, I combine data on locations of crimes in Washington, D.C. with data on locations of registered sex offenders to determine whether knowing the location of sex offenders in a region help predict the locations of sexual abuse. The results from all three datasets do not support the hypothesis that sex offender registries are effective tools for increasing public safety.

I haven't read the study yet, but this is consistent with every other study that has reviewed the efficacy of registries.

TX Law Bypasses Statute of Limitations For Old Sex Assualt Cases

The Wall Street Journal has an article about a new Texas law which allows prosecutors and parole boards to link DNA evidence to suspects in sex assault cases, despite the fact that the statute of limitations has expired and the suspect was never tried. From the article:

Supporters of the law, the first of its kind in the country, hope it means that suspects in those old cases will face more-vigorous prosecutions and sterner parole boards should they find themselves in trouble with the law again. Opponents say the law could rob suspects of due-process rights.

The new Texas law was conceived and championed by a small group of rape survivors who had joined a Dallas Police Department support group launched as part of the city's cold-case project. Reopening old cases also can reopen emotional wounds, and though the women were grateful the police were trying to identify their attackers, for many that wasn't enough.

The law has its critics. The American Civil Liberties Union is concerned that it could punish suspects without the benefit of due process. After objections from the ACLU, the proposed law was revised to allow only law-enforcement agencies to access DNA information linking someone to an old sexual assault. The law also allows suspects to petition for removal of the information from their files if they believe it has been wrongly included.

The ACLU still has concerns about how the information could be used. "This is something we will definitely be monitoring to make sure there aren't negative unintended consequences," said Rebecca Bernhardt, policy director of the Texas ACLU.