Member Submission: Sex Offenders: A Glimmer of Hope
Born and raised in Florida, I know a thing a thing or two about that state. With two loved ones serving sentences in prison for sex crimes there, I know a thing or two about the sex offense laws in that state as well. And for personal reasons, I know a thing or two about Florida’s involuntary civil commitment law.
One of the things I happen to know about sex offense laws in the United States is that it seems as if things only get worse with every legislative session. Every year the penalties for sex offenses increase, and the life-long liberty restrictions placed on sex offenders after release grow more and more onerous. The clouds always seem to darken and spread. I am fully aware that it seems as if things are never going to get better.
However, on that last point I would respectfully disagree. There exist reasons to hope. The rest of the world shakes its collective head at the runaway train that is the American sex offender policy and are beginning to speak up. Allow me to demonstrate why I know this to be true. (And forgive my use of the European citation system.)
Roger Alan Giese was charged in California with various sex crimes. After posting bail, he fled to England. Thanks to an “anonymous” tip, California located Mr. Giese and requested his extradition to face trial on the charges. [i] Mr. Giese objected to extradition on the ground, among others, that if he were returned to California and convicted of the crimes, he would be subject to California’s involuntary civil commitment law which, he argued, stood in conflict with his human rights as defined by European law.[ii] Allow me to explain his reasoning.
Article 5(1) of the European Convention for Human Rights (ECHR) provides, in pertinent part, that “No one should be deprived of his liberty save in the following cases, and in accordance with a procedure prescribed by law:
(e) the lawful detention of persons of unsound mind.”
Mr. Giese claimed that the California law stepped far beyond the accepted European definition of unsound mind, and permitted the detention of persons with only minor, questionable diagnosis.
The English court considering the extradition request held an extensive evidentiary hearing at which experts on American civil commitment laws gave testimony.[iii] In a lengthy written finding issued after the hearing, the English court noted that in order for the detention of someone of unsound mind to be justified under European law, that mental disorder would have to be (1) “serious”, (2) established by qualified medical experts, and (3) be based on the person’s current and actual state of mind, and not solely on past events.[iv]
The court noted that under California’s law, there is a specific requirement of the person having been convicted of a sexually violent offense in the past. The court then quoted the relevant portion of the California law which states that “[d]anger to the health and safety of others does not require proof of a recent overt act while the offender is in custody”.[v] In other words, California law allows for someone to be deemed mentally disordered strictly on past behavior, without consideration of the person’s current mental state and without consideration of whether the diagnosis was “serious”. The court accepted the testimony of one expert who opined that certain mental health diagnosis (such as “Antisocial Personality Disorder” or “Other Specified Paraphilic Disorder”) are made based strictly on past events and are considered life-long disorders (since there is no way to erase those past events).[vi]
Because California’s law permits the civil detention of any person convicted of a sex offense when a qualified expert assigns any diagnosis to that person regardless of the person’s current and actual state of mind, the English court concluded that “…the net is cast widely, and those with a mental diagnosis which falls far short of ‘unsound mind’ are likely to be committed”.[vii] She explained that Article 5(1) (e) “cannot be used to permit the detention of a person simply because his views or behavior deviate from the norms prevailing in a particular society”.[viii] If I may be permitted to paraphrase the court’s lengthy summary, it feared that California was using the fact that someone was a convicted child molester in the past in order to claim that the person is mentally disordered in the present, and then use that excuse to indefinitely confine someone who has already satisfied the court-imposed punishment for that crime.
In the end, the English court found California’s civil commitment law to be a “flagrant breach” of the basic human right to liberty as recognized under Article 5 of the ECHR.[ix] For that reason, it refused to permit the extradition of Mr. Giese to California.
Of course, the American government would not return home to lick its wounds in defeat. The United States appealed on two grounds. First, it challenged the finding that the civil commitment law violates human rights. Second, it offered assurances that civil commitment proceedings would not be initiated against Mr. Giese if he were returned to California. Contrary to the hopes of the Americans, the English appellate court upheld the finding that the law violated human rights.[x] However, the appellate court accepted the assurances that it would not initiate civil commitment proceedings and so finally approved the extradition.[xi]
I hasten to add that this was the third time that a European court condemned civil commitment of sex offender laws. Consider also the condemnation of Minnesota’s civil commitment law in Sullivan v. Government of USA [2012] EWHC 1680 (Admin); and New York’s civil commitment law in Government of USA v. Bowen [2015] EWHC 1873 (Admin).
The importance of these decisions cannot be overstated. The United States enjoys no stronger international relationship than its alliance with Great Britain. For its closest ally to publicly condemn a key facet of its sex offender policy as a violation of human rights, the United States should stop and take notice now. I have good reason to suspect that the three extradition cases cited above are not going to stand alone as anomalies as more foreign courts are compelled to examine America’s sex offender policies in light of international criminal law and human rights standards.
I offer this case to you as a glimmer of hope. There are modern, civilized democracies in this world which recognize the human rights violations being committed against American citizens in the name of protecting society, in general, and children, specifically. It may take years, but the wheels of international justice are turning. I am studying the law here in Europe to make certain that they continue to turn.
[i] The Government of the United States of America v Roger Alan Giese [2015] EWHC 2733 (Admin), par. 5
[ii] Id, par. 8
[iii] Id, par. 17
[iv] Id, par. 48
[v] Id, par. 50
[vi] Id, par. 51, 52
[vii] Id, par. 55
[viii] Id, par. 48
[ix] Id, par. 62
[x] Roger Alan Giese v The Government of the United States of America [2018] EWHC 1480 (Admin), par. 10
[xi] Id, par. 55
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OH, and what ever happened to the sexual predator
(Scott Isreals son???)
How is the investigation going on that??
Or, does he deserve a “mulligan”???
Are you taking about Investigators Mulligan at Bcso? If so I will say he is a real one to watch, after 11 yrs of me and my wife ( both retired Navy) having our sailboat at PatrickAFB marina and faithfully registering it as a temporary address ( cause we sometimes slept on it) he just locked me up for not registering it with DMV ! I had no idea I was supposed to do that. My ordeal was in the state of VA. I’m currently on house arrest 2 yrs and 3 yrs probation to follow. Needless to say they not only kicked us off the base ( standard 3 yrs restrictions) they also kick my wife off – remember she’s retired military as well and NOT a sex offender. Mulligan is a retired Air Force security officer and 160 patrons at the marina will agree it was a set up to get us off the Base.
The United States has long been enamored of “witch hunts” even before it was an independent country. Nineteen old women were hung by the Great and General Court of Massachusetts in 1692 in the village of Salem. The nonsense only stopped when someone accused someone in the house of the Royal Governor of the colony.
Since then our xenophobic society has targeted native Americans (i.e. Indians) Chinese, black people (slave or free) the Irish who arrived in droves following the potato famine of 1848. (A LOT of them became cannon fodder for both sides during the Civil War) German immigrants who were nationally harassed during the First World War, many driven from homes and businesses. Then the internment of the Japanese American citizens during WWII who eventually suffered more than the Germans ofthe previous war in terms of homes and businesses. Following WWII the demons were the drug pushers of “Reefer Madness” (It WAS that and more) and then, came the “creme de la creme” of collective societal insanity during that criminal legislative enterprise called the House Un-American Activities Committee ruled ruled like an Inquisitional court by McCarthy and his black list. The careers of many extremely talented people were destroyed and ruined by that government entity. The list of famous names is quite long… their “crime” was just being mentioned in those infamous hearings of once having attended a meeting or two conducted by communist agitators. Their names, like RSOs today were blacklisted in the industry and they faced harassment as “Fellow Travelers”. They were no more actual communist “sympathizers” than anybody’s Aunt Tillie!
Sometimes it can be hard to figure just how America’s “greatness” can be so touted by such a harassed and oppressed segment of it.
Today an allegation is enough for condemnation. As my neighbor said…she’s the wife of a retired NYPD lieutenant…I’d be better off if I had murdered someone; at least now I would be off probation. The victim, my daughter, and I have made up and reconciled and get along just fine. Florida is still ‘offended’ and the event took place in Virginia. What the hell is wrong with Florida?
Every day I am thankful that we have FAC to help coordinate the efforts of many to eradicate the wealth of injustice our beloved United States has become inundated in. One day it will be recognized that we all…and I mean all… have had failures in our lives but they need not be life terminating. Many humans throughout history have turned their lives around and gone on to live productive lives. Let’s always keep that in mind.
Hey Capt. I feel for you and I’m up here in Virginia. I know these internet sex operations are a bit of a psycho thing and trapping a person thru these things is a bit cynical to say the least. While all ordeals are different I’m sure we can look to the good book to help up overcome all this and stand up for justice.
James, on the 26th of September I received a call from my probation officer who informed me that she could not approve my travel permit to go to my 50th Naval Academy reunion…reason? I would not be on probation. Quite by surprise the next morning I reported to my probation office and signed the paperwork releasing me from probation. I just got back from Annapolis and had a wonderful time with my classmates. God does answer prayer in His time.
@Capt. Charles
Thank you first for your service to our country! Thank you also for your positive & common sense comments that you post on this site. You’re always the voice of reason and I appreciate that you refuse to let your past transgression define who you are in the face of unjust oppression from the state of Florida. Lastly, congratulations on the completion of your probation!
It is very important that we know who we are and have confidence in that ‘person’. I try to look at the positive side of all life experiences and see what I could do or have done to use time wisely. I now write about politics and the church…something I would have not paid attention to if not for probation. It has been a learning experience doing the research. My son gave me a ‘blog’ for my birthday and I have been exercising it. Thank you for your kind comments and hang in there…the light at the end of the tunnel is not a locomotive.
Additionally, according to TAG’s latest travel matrix:
http://registranttag.org/resources/travel-matrix/
the only counties that are definitely not barring or tracking “sex offenders” are:
Armenia
Aruba
Bahamas
Belize
Germany
Guatemala
Hong Kong
Israel
Italy
Lebanon
Martinique
Netherlands
Romania
Spain
Only 14 countries of 195, thus just 7%. Personally, my move would be to either Netherlands, Germany, or Spain, in that order.
This list is not comprehensive
After serving my country…the United States…for 29 years and having been to numerous other nations, I would not consider moving elsewhere. Today’s US is not what our founders conceived and it is up to those who can recognize this to take a stand and ‘bring the light into the darkness’ that power grabbing, fear mongering politicians have provided to a society that can be lead around like sheep as long as there is some politician there to hand out ‘freebees’ bought and paid for by hard working Americans which include RSO’s. My heart, family, and friends are in the US and it is there that I will take a stand to right injustice.
As in there may be more? Had thought the eu minus gb was ok?
These countries IN EUROPE are OK
Austria
Belgium
Bulgaria
Switzerland
Cyprus
Czech Republic
Germany
Denmark
Estonia
Greece
Spain
Finland
France
Croatia
Hungary
Iceland
Italy
Liechtenstein
Lithuania
Luxembourg
Latvia
Malta
Netherlands
Norway
Poland
Portugal
Romania
Sweden
Slovenia
Slovakia
Source?
Registrant Travel Action Group.
None of these countries are listed in the RTAG matrix (http://registranttag.org/resources/travel-matrix/):
Austria
Belgium
Bulgaria
Switzerland
Cyprus
Czech Republic
Denmark
Estonia
Greece
Finland
Croatia
Hungary
Iceland
Liechtenstein
Lithuania
Luxembourg
Latvia
Malta
Norway
Poland
Sweden
Slovenia
Slovakia
Additionally, France has a limited registry and Portugal has a registry.
It is as comprehensive as the matrix which I cited. I have listed all the countries which had “No” underneath the four categories (SOs turned away, Law barring SOs, Law barring felons, SO Registry). If you have a more comprehensive list, please share it and its source. Thank you.
Then FAC PLEASE provide a “comprehensive list”.
You tell us to have hope, then dash it when we see a glimmer.
England / Britain is NOT the US and definitely not Florida. So, while that is a “feel good story” the end result was he was sent back. (and of course you know that the USA NEVER LIES)
Tonight, I cleared a Publix out of 5 BSO cops who were blocking a fire lane and 4 handicap spots. I took pics of the cars (am filing reports on them) and went into Publix and asked who owned/drove the cars. 1 admitted to driving one car. I asked when are they going to stop their “little circle Je*k” and go out and stop blocking up handicap spots AND BLOCKING THE FIRE LANES (at $250 per car==4 cars) I told them that “qualified immunity” does not fit in Broward County and they will be held liable for any and all charges.
I also told them they were blocking in 2 cars that wanted to get out for the past 15 minutes. I ended with me telling them to stop wasting OUR tax dollars and get to work..
They left within 15 seconds. Tails tucked.
FAC,
Although you do fight the good fight, and I commend you on that, once you are OFF “paper” you are back to being a citizen. Filing suits is nice, but if
“WON-WON Book” can push thru a law/ordinance/restriction within weeks/months why cant we??
BECAUSE we are not LOUD enough!!!!! (or rich enough?)
I am listed (16 months AFTER the fact) as a “Violent Sexual Predator” (HAHA Bull $h!t), yet I just “dismissed” 5 BSO cops out the door of Publix, with tails between their legs. Oh yea…. 3 of them KNEW me and know I dont play when it comes to the LAW, or cops NOT doing their jobs.
Maybe some “1st Amendment Auditors” putting cameras into the faces of cops BREAKING the law, harassing us citizens, and making the police accountable for their actions is necessary. Along with the few & far between lawsuits..
ABOLISH THE REGISTRY FIRST!!!!!!
All I can say is “AMEN and AMEN”!
Amen brother …… lots of things get better for us if we get rid of the registry or at least get it Tiered or modified. Anything would be an improvement
The registry is an expensive document to maintain and basically serves no positive purpose either for society, law enforcement…except maybe job security, or the individuals on it and their families. But then what else can one expect from government bureaucrats? It’s routine for these bureaucrats to wastefully expend tax payer money treating symptoms while ignoring the problems. The registry could probably be reduced by 90% if it was limited to the truly bad actors. But then that would put many bureaucrats out of work and back on the street.
Anyone know about poland?