This issue is #12 on
the list of Legal
Restrictions and Regulations in Virginia because in 7 years
not one Virginia Representative has been willing to take a stand……… is it legal
or is it illegal for an RSO to attend church in the Commonwealth? We still don’t know!
Sex Offenders Sue, Cite Indiana's Religious
Objections Law, July
filed on behalf of two registered sex offenders cites Indiana's new religious objections law in
arguing they've been wrongly prohibited from worshipping at churches that have
schools on the same property.
American Civil Liberties Union of Indiana filed the lawsuit Wednesday on behalf
of two unnamed sex offenders, one of whom belongs to a Fort
Wayne church and another who has attended an Elkhart church.
lawsuit claims that a new state law banning many sex offenders from going onto
school property at any time presents an unjustified burden on the men's
religious liberties under the Religious Freedom Restoration Act.
the ACLU of Indiana's legal director, called the additional sex offender
Legislature passes a law which says sex offenders cannot go into schools and it
is being applied to people who are going to church or other religious
observances during a time that there's no school in session," Falk said.
"The law prohibits them from walking on that property — it's a felony to
religious objections law and the tougher sex offender restrictions both took
effect Wednesday. The lawsuit said both men have regularly attended Sunday
services and other events at their churches, but now fear being arrested if
they do so.
on sex offenders going onto school property gained little attention as it
sailed through the state Legislature this year — clearing both the House and
Senate without any votes cast against it.
ago tomorrow on July 1st 2013 this blog began with
a post that summarized my first 5 years of advocacy.
I said it
last year and I’m going to say it again:
I try to be the voice of reason for those listed on the
Virginia Sex Offender Registry, their spouses, their parents, their siblings,
their significant others and their children when new and harsher laws and
restrictions are being considered and passed against those who are labeled “Sex
If anyone hadtold
me in 2006 that I’d become a full-time
volunteer advocate for a cause that is so polarizing and insights such hate ,
fear and anger from the public like that of Sex Offenders and the Registry, I
would have told them they had lost their mind.
You never know where life may take you but you are the one
that decides how to use that knowledge and experience you’ve gained and move
forward to make a positive difference.
still holds true!
ago this blogs "page views" totaled 30,500
for 12 months (2,541 per month).
months later it is now 92,036 that’s
an additional 61,536 views (5,128 per month)!
has become a resource for so many people looking for critical information. Some
support my efforts, some oppose them, some are just curious about the platform,
some are students working on college papers, some are researchers/professors/doctors,
some are media reporters and some are lawmakers.
has received hits from all over the world, even though its main goal is to keep
Virginians up to date on RSO issues. The statistics section of Blogger allows
me to track what operating systems and browsers visitors’ use, what countries
visitors are viewing from, what other sites direct viewers to this site, what
the most popular posts are AND what search
phrases lead folks to this site………………. and the Top 2 (overwhelmingly) Web Questions/Searches
Travel as a Sex Offender (RSO)
The Legal Restrictions/Regulations
for a Sex Offender (RSO)
all for following this blog and for those of you who’ve emailed me
in the last year. Your kind words, gratitude, personal stories and words of
support keep me going on this uphill fight. I took on this platform not for me
or for my loved one but for all of you
and your family members.
THIS is a
strange moment for sex in America.
We’ve detached it from pregnancy, matrimony and, in some circles, romance. At
least, we no longer assume that intercourse signals the start of a
relationship. But the more casual sex becomes, the more we demand that our
institutions and government police the line between what’s consensual and what
isn’t. And we wonder how to define rape. Is it a violent assault or a violation
of personal autonomy? Is a person guilty of sexual misconduct if he fails to
get a clear “yes” through every step of seduction and consummation?
to the doctrine of affirmative consent — the “yes means yes” rule — the answer
is, well, yes, he is. And though most people think of “yes means yes” as
strictly for college students, it is actually poised to become the law of the
quarter of all states, and the District of Columbia, now say sex isn’t legal
without positive agreement, although some states undercut that standard by
requiring proof of force or resistance as well.
laws calling for affirmative consent proceed from admirable impulses. (The
phrase “yes means yes,” by the way, represents a ratcheting-up of “no means
no,” the previous slogan of the anti-rape movement.) People should have as much
right to control their sexuality as they do their body or possessions; just as
you wouldn’t take a precious object from someone’s home without her permission,
you shouldn’t have sex with someone if he hasn’t explicitly said he wants to.
one person can think he’s hooking up while the other feels she’s being raped,
it makes sense to have a law that eliminates the possibility of
misunderstanding. “You shouldn’t be allowed to make the assumption that if you
find someone lying on a bed, they’re free for sexual pleasure,” says Lynn Hecht
Schafran, director of a judicial education program at Legal Momentum, a women’s
legal defense organization.
criminal law is a very powerful instrument for reshaping sexual mores. Should
we really put people in jail for not doing what most people aren’t doing? (Or
at least, not yet?) It’s one thing to teach college students to talk frankly
about sex and not to have it without demonstrable pre-coital assent. Colleges
are entitled to uphold their own standards of comportment, even if enforcement
of that behavior is spotty or indifferent to the rights of the accused. It’s another
thing to make sex a crime under conditions of poor communication.
Governor McAuliffe wrote an Executive Order for an independent Commission to
look at the last 20 years since Governor Allen abolished parole(Truth-in-Sentencing). The Governor elaborated
in a follow-up radio appearance, “It’s time to review whether that makes sense. Is it keeping our
citizens safe? Is it a reasonable, good, cost-effective way? Are we
rehabilitating folks?” he said. “Are sentences too long for nonviolent offenses?
Are we keeping people in prison too long?”. All great questions!
that originally claimed it would protect society better has turned 20 years
old, we owe it to our citizens to study that 20 years of data to see if the
program actually has done what was promised, to see if it is cost effective, to
see if justice is in fact being served and to see if reforms are needed.
check-and balances is what a State who leads, not follows does but yet
some members of the Virginia Legislature see the creation of the Commission as
a threat to their lawmaking.
the Virginia Legislature refused to move a much needed Study Bill
forward, Senator Hanger’s SJ282 to study the Virginia Sex
Offender Registry. The last 20 years of data of our Sex Offender Registry would
have been studied and possible reforms would have been considered. But the
Virginia Legislature refused to even debate the bill.
First the title
on the Newsweek cover is extremely misleading, but the article title is correct. The majority of the article seems to be a PR promotion for Lauren Book, who I have previously posted about as well as her father Ron Book..... they both personally profit from the civil commitment of SVP’s and the privatization of prisons/commitment facilities......then there is the Julia Tuttle Bridge/Causeway Homeless RSO mess
that was /is ALL Ron Books doing...….but........ after reading this article twice I decided it had
some facts, points and experts input that are totally worth sharing.........so here it is.
The Hunt for Child Sex Abusers Is
Happening in the Wrong Places, June 23, 2015
March when Lauren Book and I head into the bowels of the Florida Civil
Commitment Center (FCCC), armed with loose-leaf paper, pencils and the
knowledge that we are about to sit face to face with three of the most
dangerous sexually violent predators in the state. “This is the most
manipulative crowd on the planet,” says Kristin Kanner, director of the Florida
Department of Children and Families’ Sexually Violent Predator Program. And one
of the men we’re seeing today has been sending Book and her father angry
letters for the past few years.
is surrounded by seemingly endless stretches of sugar fields, cow pastures and
orange groves. Wrapped in 12-foot barbed wire fences and guarded with more than
200 cameras, it is where Florida
keeps 640 of its worst sexually violent offenders. About half have committed
crimes against just children, a third against just adults.
Oklahoma- Every sex offender who
registers with the Enid Police Department is read, and then must sign, four
pages of rules they are required to follow.
Enid Police Department Sgt. Dustin
Albright is responsible for tracking and registering the more than 50 offenders
residing within the city.
He said each time an offender
registers, he collects the information required by state law; such as a
criminal history check, fingerprints and photographs.
Albright then sits with each
offender and goes over each point of the Oklahoma
Sex Offender Registration Act Notice of Duty to Register.
“I go over the registration form,
which contains all the basic information and criminal offenses, a description
of their vehicle, their employment, address, etc.,” he said. “Then I go over
the Notice of Duty to Register form. I fully explain each rule and read it to
The form explains it is illegal
for any offender required to register “to work with, or provide services to
children or to work on school premises, or for any person or business which
contracts for work to be performed on school premises.”
It also outlines where those
offenders classified as aggravated or habitual are prohibited from residing, or
Frank Lindsay came home after running errands and noticed his front door was
wide open. When he went inside to investigate, he found a young man in his
dining room with two hammers — "one in each hand," he recalls.
he immediately raised the hammer in his right hand and started at me,
indicating he wanted to kill me because I was a sick pervert."
attacker had found Lindsay's address on California's
Sex Offender Registry.
As most followers
of this blog know back in January and February 2015 the Virginia Legislature
met in Richmond
for the annual General Assembly (Regular Session) and then met for one day in
April for the “Veto Session”.
To review the history of the
bills that I tracked, supported and opposed during the 2015 session, go here
To learn how a bill becomes
law in Virginia,
that passed the Virginia Legislature and were signed by Governor Terry
McAuliffe become law on Wednesday July 1, 2015!
To view the full list of all new
laws for 2015, go hereorhere.
ignorance of a law is NOT an
accepted defense in any court!
always, to know what Virginia
laws apply to Registered Sex Offenders (RSO’s), you can go here. Unlike with ANY other newly created law, RSO laws ARE applied retroactively. Per § 9.1-901.Section C unless a specific start date is provided,
“all new provisions of the Virginia Sex
Offender and Crimes Against Minors Registry Act shall be applied retroactively”.
for an imprisoned, ailing 81-year-old sex offender contend he was on his way to
geriatric release last year when his case disappeared from a state computer
reappeared a few weeks later, the Virginia Parole Board had a new chair and his
bid for freedom was turned down.
appeal filed in the Virginia Supreme Court last week, supported in part by an
affidavit from the former chairman of the parole board, William Muse, accuses
the parole board of shenanigans that violated Bonnell Boyd’s rights.
about to receive the necessary number of votes ... when — flagrantly, without
authorization and in violation of the Parole Board’s own rules — the voting was
improperly manipulated and stopped, then restarted anew weeks after Muse
retired,” alleges the 17-page appeal.
intent of the computer manipulation, allege Boyd’s lawyers, Jonathan Sheldon of
Fairfax and Thomas M. Wolf of Richmond, was to make sure that Muse’s vote
would be nullified and Boyd’s release denied.
of sex is not illegal. But if two members of the American Law Institute have
their way, it will be — unless you follow their rules.
professors Stephen J. Schulhofer and Erin Murphy are trying to update the
criminal code when it comes to sex offenses, believing current definitions of
rape and sexual assault are antiquated. The focus of their draft is on what
constitutes consent. It adopts the "yes means yes," or
"affirmative consent" model that was passed in California last year.
The California law applies
only to college campuses, however. Schulhofer and Murphy aim to take that
definition of consent — which says that before every escalation of a sexual
encounter, clear and convincing consent must be given — to the state or federal
level. No one actually has sex this way, requesting permission and having it
granted perhaps a dozen times in a single encounter.
theory that millions of Americans are having sex wrongly has gained currency
among campus activists. This new attempt to alter the American Law Institute's
Model Penal Code, a highly influential document that has been adopted in whole
or in part by many states' legislatures, is part of a push to bring
authoritarianism into the bedroom.
month I posted about the June 9th Primary Candidates
and the wide open races for certain districts in the State elections this
coming November 2015. Plus there were county and city seats as well as
Commonwealth Attorney seats on many ballots.
last 7 years my main goal has been to hold back the tide of new, harsher
legislation based on myth, hate, fear and prejudice from becoming law in Virginia. Some years I’m
successful and some years I haven’t been.
secondary goal is to keep all RSO’s and their loved ones up to date on what legal restrictions
and regulations they must abide by that change every year so you/they do not
inadvertently commit a felony offense.
updated Goal #2 on that page, Written notice of all Legal Restrictions
/Regulations that all Registered Sex Offenders (RSO) must abide by in Virginia. As the Commonwealth makes no effortto advise Registered Sex Offenders (RSO's) of
their legal restrictions and regulations that change yearly when new
retroactive laws are passed and if the RSO "guesses" incorrectly they
face up to 5 years in prison. An extremely high cost paid for by Virginians for
an arbitrary felony.
If a law
(that originally required a fiscal impact) is important enough for the Virginia
Legislature to pass, is it NOT equally important to inform those citizens it is
intended to manage?
restrictions imposed upon RSO’s are NOT intuitive or even reasonable sometimes
so how are you supposed to know a regular activity that was legal last year or piece
of information that was not required to be registered last year….Is NOW restricted or required and
any violation is a new Felony!
like North Carolina, Illinois
& Indiana advise their RSO’s of their
legal obligations at every re-registration and Illinois
notify their RSO's of new changes in law after their Legislature and Governor
have passed them.
Virginia and all Federal laws should be available in easily understandable
terms to our RSO’s, not just a 44 page legal mumbo-jumbo list of statutes
, that the majority of folks can not understand and if they don’t have Internet
access they don’t know they even exist!
2015 General Assembly session this past January and February the Virginia State Police (VSP) convinced
Senator Dave Marsden if they were to ever create and distribute a list of Do’s
and Don’ts that RSO’s shouldn’t be able to claim they never received it or it
was outdated as a defense for a failure to register. This demand by the VSP
confirmed for me that they never planned to actually distribute the laws to
every RSO OR to maintain and distribute updated versions when the laws change
retroactively every year. The VSP even drafted up two versions of a brochure in
an attempt to convince Virginia lawmakers they were ready to disseminate the
laws to Virginia’s RSO’s, the 2ndversion (that was extremely similar to my brochure
) was presented to the GA members.
Duggar case continues to unfold and to shock people across the country. News
stories, opinions and outrage dissect the Duggar family’s attitudes toward sex,
their worldviews and how they contributed both to Josh Duggar’s actions and to
shielding him from legal accountability while keeping his victims silent.
is while the circumstances surrounding Duggar and his victims may have
contributed to the abuse, people who commit sex offenses and survivors of
sexual abuse don’t need extraordinary factors to keep these crimes hidden. Our
collective societal reactions often unintentionally help to do just that.
Duggar’s father, Jim Bob, stated during his run for the U.S. Senate that “rape
and incest represent heinous crimes and as such should be treated as capital
crimes.” It is easy to hold these views, to label individuals who offend as
“predators” and “monsters” while the reality is they are often brothers,
fathers, sons and friends.
and Michelle Duggar had an obligation to report the abuse that was happening in
their home and to ensure that their son did not present an ongoing risk to
others. It is difficult to accept that more than 80 percent of people who
commit sexual assault are known to the victim. Despite this, most of the
current policy is focused on preventing sexual violence committed by strangers.
support or acknowledge victims grappling with shame, confusion, love for the
perpetrator and guilt.
We don’t want to view this through the eyes of children
who are afraid they will break up their families if they take action to make
the abuse to stop.
want to accept the real human actors and emotions that accompany these
situations; we seem only capable of labeling them as inhuman crimes committed
by inhumane people.
has created an expectation that once someone has committed a sex offense he or
she should be hated, but this attitude leaves little room for victims to come
2015 with Elizabeth
LeTourneau, associate professor in the department of mental
health at the Johns Hopkins — Bloomberg School of Public Health, where she is
also the director of the Moore Center for the Prevention of Child Abuse and Teresa Huizar,
executive director of the National Children’s Alliance.
Secrets And Realities Of US Child
Biden fought it. Josh Duggar did it. Dennis Hastert allegedly tried to bury it.
We'll look at child sex abuse.
public expects and deserves evidence-based practices when it comes to public
safety. This is true for any aspect of public policy but perhaps none so much
as sex offender policy. With sex offenders, there is a sense of moral outrage
at the depravity of their crimes, and rightly so. Virtually any sex crime makes
the news headlines because the public has a very high interest in this crime.
Too often politicians not only capitalize on the fear that is caused by sex
offenders, but they inadvertently create more of it.
manner in which this happens can be seen in sex offender registries and
residence restrictions. Using the law to require that someone has to register
to be on a registery, politicians are effectively saying that the person who
previously offended is someone you need to be afraid of for future
re-offending, even though the research says the likelihood is the lowest of the
crime categories. Or by requiring through law that sex offenders cannot live in
certain places, politicians are saying that if the converse were true, children
would not be safe, even though place of residence has virtually nothing to do
with who will be victimized.
Why Do Politicians Use Fear?
they may do it on purpose to boost their popularity in being proactive on
important issues. But I think the main reason is that politicians are regular
people who got elected but who are not experts in this field and they just
don't know what they don't know. Crime policy and the science of correcting
criminal behavior is very complicated. We tend to think that what would deter
us (the non-criminal population) from committing a crime is the same thing that
would deter them (the criminal population) from committing a crime. This is