The Second District Court of Appeals affirmed the termination of parental rights of a father over his own children. The man is currently incarcerated (he was sentenced to 5 years) and is designated a sexual predator.
Nothing in the record indicated that he abused his daughter, but he was convicted of “attempted sexual battery of a minor child over whom he had custodial or familial authority”.
Regardless, pursuant to Florida Statutes, Section 39.806(1)(d)(2) which allows for the termination of parental rights “[w]hen the parent of a child is incarcerated and . . . has been determined by the court to be . . . a sexual predator as defined in s. 775.21”
The opinion concluded with the same rhetoric that’s appeared in the preamble of most sex offender laws for decades, “sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety” and “are extremely likely to use physical violence and to repeat their offenses.” We now know that to be untrue, as they are extremely unlikely to repeat their offenses. It’s time for the courts to educate themselves.
Sad for both the father and his daughter.