A man is taking Montana Attorney General Austin Knudsen to federal court Tuesday for requiring people to register as sex offenders for past sodomy convictions.
XXXXX XXXXX, 45, was convicted when he was 19 years old under an Idaho law that criminalized sex acts associated with homosexuality, according to the lawsuit he filed in December in U.S. District Court for the District of Montana.Because of that conviction, Menges was required to register as a sex offender with the Missoula County Sheriff’s Office.
The registration requirement has ruined XXXXXX’ life. People don’t believe him when he tells them why he is on the sex offender list.
A similar case occurred in MS a few years back. See: https://ccrjustice.org/home/what-we-do/our-cases/doe-v-hood
This link is last updated in October 2018, so it may not be current. I thought I read somewhere that they had settled and the plaintiffs prevailed. I could certainly be wrong.
so this is another state like Missouri you move there and have a sex crime in your history they slap you on it,
remind me not to move there too..
I can see where you are coming from JoeM. However, I do believe this guy definitely has a winning case and if i was him i would take it a step further and use the state for defamation of character/slander, pain and suffering cause by the draconian registry laws and just to drive that last nail in the coffin and to ensure or force a better settlement I would request that law suit settlement be retroactively resolved. Oh I say maybe $5 million per year. Which will probably and him $1 million per year with an out of court settlement. Though, if I was him I wouldn’t settle it outside of court just so it’s not swept under the rug and kept hush. Once the LGBTQ and ACLU community gets wind of this? Yeah, I feel something is about to hit the fan and it’s going to spread far and wide lol. Js
Tim
Today that I know of, no one can be arrested for sleeping with another man’s wife if it was consensual. Back in the old West days (And even today) that can get you shot.
Women who were unusual were considred witches and got burned at the stake. If you died, you were not a witch. If you lived then you were a witch. Of course we all know how that worked out.
Also, back in the 50s and 60s, if a gal wasn’t married by the time she was 18, she was considered an old maid.
The retroactive enactment of the registry is almost as bad as there being a registy in the first place. In his case then, they should retroactively remove his record since it is no longer a crime for what he did back then. Afterall, they went back in time and placed him on the registry (like they did to me) eons after his crime and sentencing.
I believe him when he says no one believes that is why he is on the registry. Why you ask? Well most who look at the registry do not care if you looked at porn or molested a child. They think we are all sickos who need to be taken out, imprisoned for life or shipped off to an island somewhere.
Additionally we do not get any credit legally or socially for not committing another crime 3 decades after our only offense. They believe either we are supressing our urges and ready to go on a spree of crime, or already have and just haven’t been caught.
cherokee Jack
you reside In Florida???
so do they have a retroactive registry? even if you had such crime eons ago? and no mandatory registry?
FTR
I DO live in Florida. And by retro active, I mean two things. IN My case, my crime happened in 1991. Was arrested in 1992. Sentenced in 1993. There was NO registry. When I got released to probation, I was informed a registry law was in effect now. So yes, I consider that retro active because my crime predates any registry here.
Secondly, I have seen many here on the FAC site saying they were orginally not added to the florida registry but then later were for no reason other than retroactive BS.
My situation may have been different if he was no longer on paper, I was, but I got sentenced in way before any registry law in florida.
wondering if a person had a termination letter from another state if Florida could force them back on this registry or even a release letter from Florida due to a out of state termination letter
Florida can and does force people to register regardless of whether they are removed in another state.
FAC,
So You mean, When a person is released from Registration from another State Jurisdiction and then they travel to Florida, they must register in Florida?
If so, please explain….and if so, How would anyone Know that a former Registrant was visiting Florida?
Please Explain!
If someone who has committed a qualifying offense in another jurisdiction resides here 3 or more days (consecutive or in the aggregate) during a calendar year, they are required to register.
right explain it all
cause Ive been off since July of 2005
and i go to Florida and register something smells bad
FAC please explain this…
Unfortunately, we know how this is probably going to end. The courts will say, well, it was a crime back then so tough luck, pervert.
I don’t think so. The United States Supreme Court declared all adult, consensual sodomy laws unconstitutional years ago. He has a good case since his underlying conviction has been deemed unconstitutional.