Wednesday, July 27, 2016

Child Porn Gets Longer Sentences than Rape, Molestation - By Jessica DaSilva

In the U.S. those who view/posses Child Pornography receive longer prison sentences than those who molest, rape and/or torture the child who is in the Child Pornography (see below article). 

I agree with everything in the article below…… but I also believe there is another reason why the viewers get charged and convicted much more heavily. 

It’s because there are more Viewers/Possessors than there are Producers/Molesters and the U.S. wants to capture, convict and label the larger population.  

Where do I get that from? 

Well in the last 10 years the U.S. hasn’t taken ANY significant steps to eliminate Child Pornography on the Internet, they’ve actually commandeered some existing Child Pornography websites and then operated them calling them ‘stings’ to be able to convict more viewers. Whereas the UK in the last 3 years has taken MANY significant steps to reduce and hopefully one day eliminate all online Child Pornography. 

The U.S. isn’t interested in eliminating online Child Pornography; if they were they’d be following the UK’s lead or maybe even leading the way for the UK 

Convictions, Funding, Grants and Press releases touting Online Sexual Predators Captured is a business for Prosecutors, Judges, Politicians, DOC’s, DOC-Vendors, U.S. Marshal’s, ICAC’s, Victims Groups. 

It’s become too big; the U.S. has become dependent on it. How? We churn the viewers/possessors through the Federal and State courts, then onto prison, if ever released then into probation, court-ordered therapy, GPS monitoring, polygraphs, PPG tests, then the court-fines today include ICAC and Victim Grant funding support, Federal laws allow for Victim-Restitution……………………..and then they are dumped onto one of the 50 State Sex Offender Registries for that State to monitor and manage (most likely for life) and if the RSO makes one administrative mistake they face a new felony and are churned through the entire system all over again. $$$$$$$$$$$$$$$$$$$$ 

May Devoy


Child Porn Gets Longer Sentences than Rape, Molestation, July 27, 2016
By Jessica DaSilva

Discrepancies in sentencing for sexual offenses often reflect the difficulty prosecutors face in trying contact crimes versus pornography possession at both the state and federal levels, several law professors told Bloomberg BNA.  

Defendants who commit sexual contact crimes, such as rape or molestation against children, often receive lighter sentences than those charged with possessing child pornography, academics agreed. That discrepancy can be attributed to money and quality of evidence, they said.  

The cost of housing prisoners and trying defendants impacts state agencies in a way that federal agencies don't face, they explained.  

Yet both federal and state prosecutors face an easier trial for child pornography crimes because they do not involve conflicting testimony or difficulty gathering physical evidence, which results in higher prosecution levels at both the federal and state levels, they said.  

At the federal level, sentences for child pornography can be even harsher thanks to a nearly unlimited budget and limited jurisdiction to prosecute for sexual contact crimes, they said.  

Commerce & Porn 

Federal crimes for child pornography are relatively new, said Corey Rayburn Yung, a professor at University of Kansas School of Law. As the Internet became widely used in the ‘90s, child pornography became easier to distribute and possess, Yung explained.  

Congress was able to go after child pornography possession because it falls under interstate commerce, according to Carissa Byrne Hessick, a professor at the University of North Carolina School of Law in Chapel Hill.  

In the past 10 years, Congress slowly increased sentences for child pornography crimes, Yung and Hessick said.

 Part of that increase fits in with an overall trend in federal sentencing, said Heather Ellis Cucolo, an adjunct professor at New York Law School and director of its Online Mental Disability Law Program. Federal sentencing in general increased over the past two decades, Cucolo said.  

‘A Drop in the Bucket.'  

Enforcement of child pornography laws is not controversial because the federal government does not face monetary constraints, Yung explained. Federal prosecutors try fewer people and have more resources, Hessick said.


Tuesday, July 26, 2016 Marking Kids for Life on Sex Offender Registries - By Nicole Pittman, Eli Lehrer, Stacie Rumenap

Marking kids for life on sex offender registries, July 25, 2016
By Nicole Pittman, Eli Lehrer, Stacie Rumenap

For decades, our country has been putting children as young as 8 years old on sex-offender registries. Hundreds of thousands of Americans are registered for things they did as kids, their entire lives tainted by youthful indiscretions as common as streaking or teenage Romeo and Juliet romances.  

While lawmakers may not have been aware of the destructive consequences when they the passed registration laws, including the federal Adam Walsh Act, that include kids from the juvenile courts, new research confirms, definitively, registering youth is not an effective response — under any circumstance. It doesn’t make the community safer and it certainly doesn’t get at the root of the problem.  Yet, 39 states and the federal government continue to do it. This July, lawmakers will markup the Adam Walsh Act, and it’s time to correct course. 

That is why — despite very different political and policy perspectives — we have come together to form a new bi-partisan coalition, called Just Kids, to advocate for this much-needed social change. One of us is the Converse-wearing social justice lawyer who established the Center on Youth Registration Reform, another the founder of a conservative Washington think tank who considers himself a proud member of the “vast right wing conspiracy”, and the third the president of Stop Child Predators, a survivor-focused organization motivated by the shared goal of protecting children and holding victimizers accountable. It’s safe to say we don’t always see eye-to-eye on certain issues. But on this we stand in solidarity.  

The evidence of the ineffectiveness of child registration grows stronger by the day. In a new study to be published later this year, public health officials at the Johns Hopkins Moore Center for the Prevention of Child Sexual Abuse found that rather than improving public safety, this practice, “communicates constantly and in a variety of ways that [registered] youth are dangerous, feared, worthless and have no real future.”  

Another study one of our organizations produced, estimated that youth registration imposes a $3 billion annual net social cost, diverting resources from evidence-based measures that would prevent child-on-child harm and support survivors. Meanwhile, cluttering registries with low-risk individuals makes them less effective at their presumed task, which is why many law enforcement officials have echoed our calls for youth elimination.  
Registering young people undermines our juvenile justice system. There’s a reason we have distinct courts for kids: they ensure confidentiality, and, in most cases, the ability to seal juvenile records when someone turns 18. While it’s vitally important to teach kids the difference between right and wrong, all parents, teachers and juvenile justice professionals understand the importance of second chances; the juvenile justice system was founded on rehabilitative values.  

We believe that every child deserves a childhood. When we label kids as sex offenders, though, we deny them that most basic human right, while doing nothing to benefit society. 

Children on registries face social isolation, often physically banished from their communities by “child safety zones,” invisible fences that extend thousands of feet around schools, parks or any place children congregate. As they enter adulthood, they are burdened with joblessness, homelessness and vigilante violence. Youth who currently or have previously had to register as sex offenders report significantly higher rates of considering and attempting suicide.  

Yet, empirical research shows that more than 97 percent of youth registrants have never and will never reoffend sexually.


Lenore Skenazy: Bogus ‘Sex Offender’ Labels are Ruining Lives

The Virginia State Police (official monitor and manager of Virginia RSO’s) does NOT track the number of juveniles on the VSP Sex Offender Registry which means the number of children each year mandated to publicly register as Violent Sex Offenders for life is unknown. 

Just this past Saturday I sent an email to all 138 (2 vacant seats at the moment) Virginia Legislators with a rundown of how other States handle juveniles convicted of sex crimes and 2 proposals to reform juvenile registration in Virginia, I received some positive replies that same day.  
We must continue to work towards reform in Virginia!

Mary Devoy

Bogus ‘sex offender’ labels are ruining lives, July 25, 2016
By Lenore Skenazy

What’s the most common age of sex-offenders? 

It’s not a trick question, but unless you follow this stuff closely you’ll almost certainly answer wrong. 

In fact, most people are shocked to learn that the most common age of people charged with a sex offense isn’t a creepy 39, or 51. 

It’s 14. 

That’s right. As the US Bureau of Justice reports: “The single age with the greatest number of offenders from the perspective of law enforcement was age 14.” 

Why so young? Because people tend to have sex with people around their own age, which means young people tend to have sex with other young people. And much under-age sex is illegal. 

So we keep throwing kids on the registry and labeling them sex offenders, as if they’re incorrigible monsters. But in Britain, a study recently commissioned by Parliament has recommended a totally different course: Trying to understand, treat and refrain from labeling the kids, since children often “make mistakes as they start to understand their sexuality and experiment with it.” 

What happens when we turn teens and even tweens into sex offenders? 

Editorial: A Chance to Get Sex Offender Laws (in Illinois) Right

A year ago I wrote an editorial that Virginia needs to study the last 20 years of the VSP Sex Offender Registry and all the laws directed towards those listed on it.  

Since then I’ve been lobbying the Virginia Legislature to do just that. 

I’ve also posted ( ) about Connecticut because they’ve given themselves 2.5 years to study their Sex Offender Registry. 

Well, now Illinois has a Bill sitting on the Governors desk (see editorial below) waiting to be signed that would create a Task Force to study how their Sex Offender Registry could be improved. 

Come on Virginia, it’s time for us to take a serious look at the last 21 years of our Sex Offender Registry and all the restrictions and regulations that have been implemented since it’s creation.  

Mary Devoy


Editorial: A chance to get sex offender laws right, July 25, 2016

When the 19-year-old son of Tonia Maloney of Downstate Fairview Heights had sex with his 16-year-old girlfriend, he was forced to register as a sex offender. He was a legal adult and she was a minor. 

Police told his employer to fire him, and when he found a job in a new town, the police there ran him off, too. 

Being on the sex registry in Illinois makes it hard to find a place to live, hard to find a job, hard to fulfill family responsibilities and hard to be a productive citizen. Even Bears games, forest preserves and the lakefront are off limits. 

We can think of plenty of cases where that’s just fine by us. Nobody wants a dangerous sex offender living next door or lurking in the woods. But our state’s sex offender laws are remarkably vague and broad — as Tonia Maloney’s son can tell you — and should be overhauled to keep the public safe without being unnecessarily punitive. 

Thursday, July 14, 2016

Virginia Senator Uses VSP Registry Data to Shame Volunteer Advocate and Her Husband to Committee Members During General Assembly Hearings

Starting in May 2016 I began requesting meetings with 14 Virginia Delegates and Senators, some were newly elected, some have been around for a couple years and some I have been trying to get a meeting with for the last 7 years. 

From mid-May to today of the 14 requests I have sat down with 5 Virginia Legislators for 30 to 60 minutes and my husband was able to attend 3 of those meetings with me. 

I am pleased to say that all 5 of these meetings went very well and we’ve had some very bad meetings with Virginia Legislators or their Legislative Assistants over the last 7 years… I know a bad meeting when it happens. 

Of the remaining 9 requests that I have made, 2 have flat-out refused to meet with me because I’m not their constituent. It was funny because I ran into one of them this past Monday while we were waiting to go into a meeting and I reintroduced myself to him because he acted like he had no idea who I was or what my platform is about.  

1 other out of the 9 replied that they only schedule meetings during session, so I’ll be scheduling a meeting with her in January 2017. 

I will continue to try to get the other 6 requests booked before Thanksgiving, 2 of them I’ve been trying to meet with for the last 7 years. 

I considered posting which Virginia Delegates/Senators have flat-out refused to meet with me or the ones who just give me the run-around year in and year out........thinking that perhaps those of you who are their constituents could contact them and ask them to meet with me but I’ve decided against that. I will just keep chiseling-away at them and hope one day they will agree to a meeting with me on reforming the VSP Registry and our sexual statutes. 

BUT I am going to name one Virginia Legislator here today because I have learned just how petty and juvenile they have been towards me and my husband during Senate Courts of Justice Committee meetings over the years. 

I was advised by a Virginia Senator that their colleague Senator Tom Garrett (who is currently running for the U.S. Congress) has pulled up my husbands VSP Registry photograph during past GA session Senate Courts of Justice Committee meetings and showed it to the other members of the Committee while I’m speaking to the Committee or while my husband was speaking to the Committee (because I was down the hall covering a House Committee meeting). 

Wednesday, July 13, 2016

Did You Watch the Documentary Pervert Park on PBS?

Did you get to watch the documentary Pervert Park on PBS earlier this week? 

I did and if you didn’t I highly recommend you catch it on while it’s still available until August 10th. After that you’ll have to wait for it to come out on DVD and as of today there is no known release date. 


Watch Pervert Park 53:44 -                          
Watch Filmmakers Interview 17:29 -       


November 8th 2016: Special Election for Two Virginia Senate Seats, 1st and 5th Districts

Why are there two Virginia Senate seats on the ballot during the November 8, 2016 Federal Election? 

  1. On April 5, 2016            Virginia Senator John Miller of the 1st District died.
  2. On May 3, 2016             Virginia Senator Kenneth Alexander of the 5th District was elected Mayor of Norfolk. 
The Virginia Board of Elections recently posted the candidates for the November 8th elections. 

Virginia Senate 1st District includes:
·         Hampton City (Part)
·         Newport News City (Part)
·         York County (Part)
·         Williamsburg City
·         James City County (Part)
·         Suffolk City (Part) 

Do You Know Who the Congressional Candidates in Your District Are for the November 8th 2016 Election?

First, a few quick reminders for everyone: 

There are 435 members of the U.S. House of Representatives (Congress) and 100 members of the U.S. Senate. 

November 2016 is not an election year for any of the 140 State Representative seats in Virginia, or the Governor or the Attorney General but it is a year for almost all of our Federal Representatives in Washington D.C. 

Virginia has a total of 11 Congressional Districts/Seats and one of them represents you! Virginia also has 2 Senate Districts/Seats in Washington D.C. and they both represent you! 

Do you know who your Congress Member is? (Look them up; they’ll be the last one on the page).   

Members of U.S. Congress run for re-election every two years and members of the U.S. Senate run every 6 years. 


                There are two Virginia Congressional Representatives who are retiring at the end of 2016:  
1.       Robert Hurt-              R                            the 5th District of Virginia
2.      Scott Rigell-                R                             the 2nd District of Virginia 

And after the June 14th Primary Virginia Congressman J. Randy Forbes-R the 4th District of Virginia lost the GOP nominee so his 4th District seat will be filled by a new Representative. 

The remaining Virginia Congressional Representatives all running for re-election this November and they are: 

3.      Donald Beyer -          D                             the  8th District of Virginia
4.      Dave Brat -                R                              the 7th District of Virginia
5.      Barbara Comstock-  R                              the 10th District of Virginia
6.      Gerry Connolly-        D                             the 11th District of Virginia
7.       Bob Goodlatte-         R                              the 6th District of Virginia
8.      Morgan Griffith-       R                             the 9th District of Virginia
9.      Bobby Scott-              D                             the 3rd District of Virginia
10.   Robert Wittman-     R                            the 1st District of Virginia                       

Neither of Virginia’s U.S. Senators is up for reelection in 2016. Senator Tim Kaine-D doesn’t run again until 2018 and Senator Mark Warner-D doesn’t run again until 2020. 

The Virginia Board of Elections recently posted the candidates for the November 8th elections. 

The non-incumbent House candidates are:

Tuesday, July 12, 2016

NCMEC’s RSO Counts: What State Adds the Most Registered Sex Offenders to Their Registry Every Month, Week and Day? How About the Least?

Since the NCMEC June 2016 RSO Map came out on July 6th and I broke down those numbers into per capita I was wondering how much each states growth fluctuated according to NCMEC.
I wondered what each States per month, per week and per day RSO growth rate is. AND how does NCMEC’s RSO’s growth rate compare to the States population growth rate and their incarceration rate.
So I charted all of it (see below).
Did you know according to NCMEC that….
  1. Florida added an average of 299 Registered Sex Offenders to their Registry every month making them #1 in RSO growth compared to their #4 overall population growth and their #3 incarceration rate.
  2. Texas added an average of 296 Registered Sex Offenders to their Registry every month making them #2 in RSO growth which is the same for their overall population growth and their #1 in incarceration rates.
  3. Pennsylvania added an average of 150 Registered Sex Offenders to their Registry every month making them #3 in RSO growth compared to their #6 overall population growth and their #5 incarceration rate.
  4. California, Connecticut, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, New Jersey, Oklahoma, Vermont and Wyoming had no Registry growth in the last 12 months
  5. Oregon is #6 in RSO growth for the last 12 months but they are #27 in both overall population growth and incarceration rate.
  6. Ohio is #43 in RSO growth for the last 12 months but they are #7 in both overall population growth and incarceration rate.
  7. Michigan is #9 across all 3 counts.
  8. Virginia has 2.62% of the entire country’s RSO count, is #10 in RSO growth in the last 12 months, #10 in incarceration and #12 in overall population growth.

Sunday, July 10, 2016

Virginia: They've been living in shacks by the water in Norfolk. Now they have to go — but where? By Eric Hartley

As a Registered Sex Offender the Veteran’s Affair Housing voucher proposal below is a false hope, RSO’s do NOT qualify. 

If any Re-entry folks who check this blog can help this compliant RSO in Norfolk find a new location please use the contact information at the end of the article. 

Thank you. 

Mary Devoy 


They've been living in shacks by the water in Norfolk. Now they have to go — but where? July 9, 2016
By Eric Hartley

NORFOLK -Officially, the prime spit of waterfront property off the Campostella Bridge – valued at $1.6 million – has been vacant for years.

A plan to build 246 apartments there, approved by the city in 2011, fell through. 

But unbeknownst to the owners, the land has already been occupied. 

Gina Gallegos and her boyfriend, Phil Routson, arrived 18 months ago and claimed a large clearing in the trees. Gino Linn Reid has lived next door, deeper into the woods, for four years. 

By most definitions, they’re homeless. But the homes they’ve made just east of the bridge on the south side of the Elizabeth River go far beyond tents in the woods. 

Routson built a shack out of leftover pallets from cabinet and lumber stores down the road and bought a gas generator for power. Reid, a registered sex offender who’s spent 16 years in prison , made a frame from driftwood and draped it with tarps. Inside, he has carpets, a gas grill, two couches, a sink, a battery-operated TV and a small tent – where he sleeps. Outside are stone steps and a brick walkway. 

Now, the city and the property owner say all three need to leave.

Friday, July 8, 2016

Sundance Award Documentary 'Pervert Park' on Pinellas Sex Offenders comes to PBS Monday July 11th

As of today the documentary Pervert Park (This unflinching documentary examines the often-difficult lives of convicted sex offenders, who must cope with vilification and severe restrictions on their public movements long after their sentences have been served) has an unknown release date on Netflix, so if you want you can catch it next Monday way  before it’s available on DVD. 

Mary Devoy

Documentary 'Pervert Park' on Pinellas sex offenders comes to PBS, July 8, 2016
By Steve Persall

Pervert Park casts an unblinking eye on these residents, describing their crimes upon children, or else falling for online stings. A few suggest they could do it again. 

The documentary, debuting Monday on PBS, asks viewers to empathize with them, adjusting to pariah life after prison.

"The goal was just to give these people a voice," filmmaker Frida Barkfors said by telephone from Denmark, where she and collaborating husband Lasse live. 

"Then whatever you hear as an audience, what you choose to take with you, or whatever emotion you feel is completely up to you." 

The filmmakers' daring approach to the topic earned Pervert Park a Special Jury Award for Impact at the 2015 Sundance Film Festival. 

"Normally (the topic is) presented in a black and white perspective, very one-dimensional," she said. "We wanted to make it more complex, because that's what reality is." 

Thursday, July 7, 2016

50 States Per Capita for Registered Sex Offenders, As of June 2016 Oregon is #1 and Virginia is #22

I am so over Excel charts! This is my last chart for a while folks. 

Since the NCMEC June 2016 Map came out yesterday, the per capita chart I made during the 2016 Virginia GA session per the request of a Virginia Delegate needed to be revised. 

NCMEC gives the 100,000 per capita numbers but that really doesn’t mean much to most folks, they need something a bit more tangible. So I took the idea from my Virginia State Police Registry Growth chart where I calculate 1 out of every Adult Male in the State. 

Now, not every Registered Sex Offender is a Male, in Virginia approximately 5% of the VSP Registry is female. 

Also not every Registered Sex Offender is an adult; there are juveniles in most States who are Registered Sex Offenders. Plus there are States with Private Registries and NCMEC doesn’t state anywhere if their official count is including juveniles or private lists. Finally NCMEC claims their Registered Sex Offender count does NOT include incarcerated Registered Sex Offenders, well what about civilly committed SVP’s? We don’t know. 

So this Per Capita Chart (see below) is as good as the NCMEC data is. 

There aren’t any big changes in per capita since December 2015 but I’ve included that chart too for anyone who is interested in comparing them. 

Oregon is still #1 per capita for Registered Sex Offenders. One out of every 140 person is an RSO and one out of every 53 Adult Male is a Registered Sex Offender. 

New Mexico moved up the most by 3 spots and South Carolina dropped the most by 7 spots. 

Maryland is the lowest US State (not US Territory) at #52. One out of every 855 person is an RSO and one out of every 321 Adult Male is a Registered Sex Offender. 

50 State Comparison for Juvenile Registration as Sex Offenders

Note: I’m looking for answers from readers in other States to complete my 50-State chart, so be sure to read all the way to the bottom and share your knowledge with me so I make sure this chart is completely accurate. Thank you!  -Mary Devoy 

Sex Offender Registration for Juveniles is a highly controversial issue. Most politicians love it and all Juvenile Justice and Civil Rights groups hate it.  

In the last 8 Virginia General Assembly sessions I have had 3 years where Virginia Legislators had Bills to take the decision of Sex Offender registration for juveniles out of the hands of the judges hearing the cases and mandating registration. Luckily all three years those 3 Bills failed at some point during the process, but one year it came very, very close to being sent to the Governor. 

In Virginia registration for juveniles is a possibility for just three convictions Rape, Sodomy and Object Sexual Penetration. Sounds like pretty severe crimes but just remember the Edgar Coker Jr. case where the female lied about being raped and he was convicted, incarcerated and then required to register as a public Sex Offender. Also if you read the Virginia statute for Object Sexual Penetration, actual penetration does not have to occur, so a juvenile who did not penetrate could be required to register as a Sex Offender. 

In Virginia we ONLY have a public Registry, no Private (Law Enforcement) Registry. In Virginia if a Juvenile is required to register they are classified as Violent (not Non-Violent) because of the three possible convictions and they are “Lifers” with no opportunity to ever petition for removal. 

Now those 3 Virginia Bills I opposed in the past to mandate registration were ALL pushed by the Patrons under the claim it’s a requirement if Virginia is ever to become Federally Adam Walsh Act/SORNA compliant by the SMART Office. But two very important facts that the Virginia Legislators have failed to make is that AWA/SORNA does NOT require the juvenile to be placed on a public Registry AND they do NOT require a mandatory timeframe to register especially life without the ability to petition. 

Not to mention the slew of research over the last 20 years that concludes any type of registration for a juvenile private or public serves no positive outcome to public safety and actually destroys any possibility for the juvenile to ever become a productive member of society with a large percentage of juveniles committing suicide before every reaching their mid-20’s that I regularly share with all 140 Virginia Legislators. 

Two summer’s ago I began charting the differences between each state when it comes to classification (risk or conviction), how many levels of classification, minimum duration of registration, public v. private lists and employer information. This chart has become very large and I update a few times each year when I find more current information which I did earlier this week when I came across this SMART Office Summary 

So I updated my chart (see below) and now I know I have confirmation that 21 States have Private Registries, of those 21 States 18 place Juveniles on their Private Registry and of those 18, 11 ONLY place Juveniles on their private Registry. And contrary to past claims made by Virginia Legislators (many who have taken stands against Federal mandates) 6 of those States are AWA/SORNA compliant.

Meet a ‘Violent Sexual Predator’ and Marvel at Our Broken System for Dealing With Sex Offenders By Lenore Skenazy

Meet a ‘Violent Sexual Predator’ and Marvel at Our Broken System for Dealing With Sex Offenders, July 6, 2016
By Lenore Skenazy

The note in my inbox was straightforward, and suicidal: “I don’t have much time left and that brings me some comfort. I can’t even imagine a life of freedom and happiness anymore. I hope my story will at least help people understand the grey areas of this stigma.” 

It was signed “Mikey,” short for Michael Pascal, age 33, a warehouse worker in Pennsylvania. The stigma he’s referring to is the fact he is a registered sex offender. 

Dear NBC12-Richmond VA, Why Did you Feel the Need to Take a Sexual Assault at a Assisted Living Facility and Turn it Into a Registered Sex Offender Story?

The below was emailed to on July 6, 2016 at 6:50PM

Stephanie Robusto, 

I just watched your piece air, Violations uncovered at assisted living facility following alleged sexual assault 

Your report repeatedly used the terms Sex Offender and Sex Offender Registry and I’m really perplexed why. 

The person who committed the sexual assault at that facility was NOT a Registered Sex Offender.