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Friday, August 14, 2015

Virginia State Police (VSP) Interpretation of Virginia Code has Been Ruled Unconstitutional in Other States


Don't Commit an Inadvertent Felony, Which You Have No Knowledge of!
 
I sent the below to the current Virginia Legislators who are running for office in November, the Governors office, the ACLU of Virginia and a few Virginia newspapers. 
As my note below states I spoke with 3 different VSP employee today’s about this. 

The second person Supervisor _________ said during my call that "Offenders must take the initiative" and that "the VSP is doing the Offenders a favor even sending them the SP-236-A".  

I have to disagree with both of his statements and I will work to change this mine-field environment, but I do believe his two claims are a perfect reflection of the VSP’s attitude I have been up-against for the last 8 years. 

Ignorance of the law is not an accepted defense but blatantly setting people up for failure is also not acceptable. 

If anyone has been charged for NOT registering a website’s user name that was attached to an email address that WAS registered, please send me an email about the specifics of what happened to you. I’m not an attorney and we can’t undo the damage but having an example of a case where they over-interpreted a vaguely written law might help for other RSO’s in the future. 

Mary Devoy 

 

Dear Virginia Delegates and Senators, 

So we all know per Virginia Code § 9.1-903Registration and § 9.1-904. ReRegistration 

  1. Sex Offenders must register within 3 days of their conviction OR  move to the Commonwealth:
·         Fingerprints
·         Palm Prints
·         DNA sample
·         To be photographed
·         Legal Name, Nicknames or Aliases
·         Date of Birth
·         Social Security Number
·         Residential Address
                                        Including homelessness
·         Proof of Residency       (Physical Address)
·         Mailing Address           (P.O. Box)
·         Employer and Location
                                        Including self employment OR unemployment
·         Proof of Employment
·         All Vehicles with name on the title
                                        Including Auto, Watercraft and Aircraft AND vehicles without license plates.
·         All Phone Numbers
                                        Home, Work, Cell
·         Enrollment with any high school, technical school, college or university
                                        Proof of Enrollment
  1. Then if ANY of this information changes you have 3 days (not 3 business days) to register the changes.
  2. Sex Offenders must register within 3o minutes any creation or deletion of an electronic email address, any instant message, chat or other Internet communication name or identity information that he uses or intends to use.
I heard from an RSO today……….it seems that the Virginia State Police (VSP) are interpreting Virginia law to go even further and they consider ANY User Name for pretty much any website that you can communicate through as an Internet Identifier. So even though the RSO has registered their email address with the VSP if they haven’t elaborated all their User Names connected to that email address the VSP considers that a Registry violation and will send the information onto the Commonwealth’s Attorney to determine if criminal charges should be pursued. 

So I called the VSP today and spoke to 3 different people about this issue, two confirmed what the RSO told me and 1 refused to take a stand.
 

Rape Victim Civilly Sues Virginia Wesleyan College for $10 million, so College Demands Sexual History of Victim In Spite of the “Rape-Shield” Law


First I should mention the Washington and Lee University case.

I haven’t posted about the Washington and Lee or this Virginia Wesleyan case (see articles below) for a few reasons but since they are occurring right here in our backyard I feel I should post something….so  I have selected a few of the many, many, many articles about it. 
 
You can come to your own conclusion.

Mary
 

Virginia Wesleyan says request for sexual history has a valid basis, August 13, 2015

Virginia Wesleyan College Demands Sexual History of Student Rape Victim. Don't Get Outraged Just Yet..., August 12, 2015
Another convoluted campus-rape case out of Virginia highlights the limits of letting school bureaucrats handle assault investigations.

Another sad reason to be skeptical of brutal campus sexual assault allegations, August 12, 2015

When someone's sexual history actually might matter, August 11, 2015

College Demands to See Rape Survivor’s Entire Sexual History, August 11, 2015