The Absurdity Of Charging 10-Year-Olds As Sex Offenders
A ten-year boy has just been charged as a sex offender as a result of a schoolyard game of tag that got out of control. As reported by the local CBS news affiliate: “the fourth-grade students were playing a game of tag that escalated when a boy began making inappropriate comments and movements toward the girls. One of the boys also wrapped his arms around one of the girls.”
Obviously, this incident should not be dismissed as a “boys will be boys” prank. The comments were very sexually aggressive. The boys should be disciplined, and, even more importantly, taught the error of their ways. But charging a 10-year-old as a sex offender is a devastating, merciless response. The boy has been charged with a fourth-degree sexual offense. Even if he avoids prison time, under Maryland law someone convicted with a fourth-degree sexual offense will be put on a sexual offender registry for fifteen years. This casts serious doubt on whether he will ever go to college or find gainful employment.
This sort of devastatingly punitive treatment of children is not an anomaly and it destroys the lives of girls and boys alike.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
Of course this is insane and shows you how insane the registry is but the Good news coming from the story is “Charged” and not “convicted” a judge should look at this and laugh it out of court
at this childs age its on the parents what the child sees at home and views porn or a family thing all watch porn but the childs actions screems parenting skills at 10 yrs old he should no very little on sex subjects and rape
Watching porn? You think a childish yet very HUMAN INSTINCT to have an attraction (i.e. crushes) on classmates is the result of watching porn at home? Wow! That’s umm….quite an ACCUSATION, don’t ya think?
HUNAM INSTINCT TO RAPE? WHAT 10 YR OLD knows rape? this is the blog i read did you?
“They told her that they were going to rape her, that they were going to f— her hard, and then they simulated that over her clothes,” he said.
https://www.nbcwashington.com/news/local/10-Year-Old-Charged-With-Sex-Offense-at-Maryland-School-565309972.html
Well that’s not the article I read. The article I read just said there were playground antics going on and eventually touching. I dunno what “touching” means in an article that doesn’t bother to describe it in detail but kids actually do touch in a sexual manner due to the NATURAL INSTINCT of attraction. But it’s damn sure not law enforcement’s place to step in. It’s about time this politically correct country goes back to the days of letting a parent spank a child. Period.
only in America is that stupidity acceptable. Sure wish everyone of the imbeciles in congress could have their children placed on the registry. Horrible people to blindly accept such behavior. Michigan had 5 year olds and now has a couple 9 year olds on the registry as well. When will the lunacy end? Not until it is forced to end, and until people start pushing back that wont happen. Force people. There are over a million people on the registry. If each has only one friend that is an army of 2 million. Stand united and it will change , but you must stand.
That’s what I’ve been saying for years. Especially on the NARSOL site. The problem is that people are too scared to stand for sexual offenses. They’d be more comfortable standing up for armed robbers/gang members (gang members who, by the way, sometimes use RAPE as a form of initiation into the gang).
After going to the website for the author of this article, I found a book he published, “Campus Sexual Assault”, where he states that colleges are sometimes defining sexual offenses in an unconstitutionally broad manner. This author has a law degree and could be someone who could help our cause — Evan Gerstmann. His email is [email protected], phone 310.338.3004. He is a professor of political science at Loyola Marymount University.
I have sat in on my hearings over the years ( trying to learn and gain more legal knowledge ) and I have continually heard prosecutors throw around “Predator” and “Pedophile” numerous times, with the majority being used in the wrong context. They love to sensationalize any charges to get the judges all upset. This happened to me when the prosecutor lied and told the judge “There are probably 1000’s of victims out there we just haven’t found them yet” REALLY? The judge shouted, OMG you are a monster. My Attorney just stood there and didn’t say a word. Of course afterwards he acted all tough with me behind closed doors telling me how he was going go off on the judge and call out the prosecutor. Instead on our 2nd hearing, he excused himself and went into the hallway and puked into a garbage can. He told me after my case he would no longer take and sex offenses.
I have said in the past, many years later I was able to get my entire sentence thrown out on appeal. That did nothing to get me off the registry as the charges stayed, just the sentence was ruled as “Made with much emotion and little consideration to the facts”. I keep that framed in my office.
Cherokee, I’m curious what your original sentence was. I ask just because I am seriously disturbed by the sentencing disparity I see just from reading various news articles. One grandfather in Alabama was sentenced to 230 years (!) for pornography (it was numerous different counts, and the judge stacked the sentences). He did not have a prior record. The prosecutor and the judge made him out to be a monster. In my jurisdiction he probably would have only gotten a few years – possibly even probation! It’s insane. It’s not like we are in different countries or regions with widely disparate social/cultural norms and values. Which is why the extremes in sentencing are nonsensical to me.
I had never been in trouble before. I had left the police department due to health issues and filed for divorce from my ex for cheating on me while we were married. I was depressed and on a lot of medications.
I did not go to trial because I was flat broke and the attorney cost my parents their life savings. The lawyer was afraid of the judge who had a friendship / relationship with the prosecutor , both females.
Lawyer told me to either plead guilty and throw yourself on the mercy of the court based on my law enforcement service or give him $25,000.00 additional funds for a trial ( This was in 1991 ) .
Anyway I begged for mercy and plead to things I didn’t even do as the state was offering all or nothing. I ended up getting 35 years. While locked up I appealed ( had already served 4 years ) and appeals judge threw out the entire sentence as non sense.
So I did 4 years of 35.
I recently spoke to a new lawyer that said I should have never been charged in the first place and that if it were possible, he could get all this expunged, however the statue of limitations for any appeals had long since passed so I am stuck on the hit list until such time something changes.
If there is any good in it, I am just listed as an offender and not the more serious of the two.
Also worth nothing. I did file my own ( 27 ) appeals from the hokey but the judge dismissed every single one on lack of merit. Even tried rescinding my plea and again was denied.
It is in God’s hands now for all of us so when he is ready to send us a hero judge who is not blinded by what we are charged with, our time will come. Just hope I am not in a nursing home by time it happens.
* I also tried to escape the registry by moving to the Cherokee Nation Reservation. Wouldn’t you know they have a worse registry than I am on. Go figure. Also a much closer nit community so they would have shunned me anyway.
35 years!! Glad your case ‘made it to an appeals judge with some brains and compassion. I think in some cases that doesn’t happen, and people just rot in jail. The fact that your attorney excused himself to puke in a trash can was probably one of the biggest “oh s—t” moments a defendant could have. When it comes to some sex offenses, it seems the sky is the limit when a prosecutor and similar-minded judge have it set in their heads to send someone away for as long as possible, regardless of whether they are a real risk. Here is the story of the poor man from Alabama. He made a huge mistake – obviously he should have owned it. Instead, he went to trial – bad idea! Funny how the judge explained that he was granting “leniency, but not grace.” 230 years is leniency?? Imagine all the family, friends and churchgoers who had come to speak on his behalf, to ask for actual leniency. The prosecutor and judge seemed set to punish them, and to punish the defendant, for having to gall to even ask for mercy. https://whnt.com/2018/05/15/wesson-sentenced-to-more-than-200-years-in-prison-for-florence-child-porn-case/amp/
“Pete Wesson’s family sat in shock as Judge Ben Graves handed down the sentence.”
Although I am in no way dismissing child porn as innocent, it looks like the man was not charged with any “Actual” in person offenses. I know people ( not personally ) that I have seen either on the news or when I was in counseling who actually molested a child under 14 and only got 10 years in prison. One of them was in my counseling group. He didn’t even have probation after he got out of prison.
So again, there seems to be no standards on these things. One judge can give someone probation and another judge can give you 10 life sentences? For a very similar case. Also depends on your lawyer, and how into the case the prosecutor is.
Although not in Florida, there was a case a few years back (Cannot remember the state it was in) where the defense attorney and the Prosecutor were secretly dating. They both lost their jobs and probably their law licenses. It was discovered after the defense attorney got a sex offender off with only time served and the victims family went directly to the news about it and the intense review of the case uncovered the affair.
Ok I spend way too much time reading stories, researching etc online. Think I need to take my computer in for an oil change. I thought over the years I had not made any progress but all that led me to F.A.C. I remember a few years back getting a letter in the mail from them ( I guess they mass mailed every offender in Florida ) and thought it to be a scam like the ClearmyCase letter so tossed it. Then last year I was doing research and came across a legal site that referenced F.A.C and decided to check them out and have been on here every since.
I have not been able to work since 2014 and have been denied disability 3 times even though I qualify. The lawyer said the Social security judges rarely give disability to sex offenders. I have a final appeal in March 2020 with the appeals council. They rarely do an “In person” hearing with the council but have agreed to hear mine in person which the lawyer said is a good sign. I am hoping to win my case then I can finally pay off all my medical bills that have ruined my credit and make a donation to our legal challenges.
Sorry for the long response, I had 3 cups of coffee this morning and am wired up lol
Speaking of “defining sexual offenses in an unconstitutionally broad manner”, North Carolina has a new bill which, among other things, says that “sex with a person against their will would be defined as either (1) without consent of the other person or (2) after consent is revoked by the other person, in a manner that would cause a reasonable person to believe consent is revoked.” I watched a video on this part of the law, saying that this can be interpreted to mean consent can be withdrawn up to the very end, and if the whole process is not stopped immediately, then it is now rape. I think that most people who know me would say that I am reasonable, and this is one of the most asinine laws I have ever heard of. Gov. Roy Cooper has NOT signed it yet. His office has “previously indicated he would study it carefully before deciding whether to sign it.” It does need to be studied CAREFULLY.
From what I have read, there were 5 women who spearheaded this whole thing. They were getting nowhere, but then they started sharing their stories that finally won over the NC General Assembly. Five women! Does the General Assembly not care what the millions of other women in North Carolina would say about all of this?
What is to now stop anyone who wants revenge on their partner/spouse from installing a video camera and filming this new definition of rape to then be used in a courtroom? North Carolina might soon be “overloading” their registry with many new members, fattening the wallets of the private companies that will profit from this sudden increase.
SaraF,
These 5 women must surely be feminists. Anything they can do to make men “pay”, they will do.
Well SarahF, not to be outdone, Floriduh has a similar bill (SB 84).
“794.011 (a) “Consent” … A person may withdraw consent after he or she has given it.”
Who can guess which senator authored the bill?
http://flsenate.gov/Session/Bill/2020/84/BillText/Filed/PDF
JZ
not to be sarcastic but wondering if there is a “BOOK” in Episteins little black book? seems this little “book of Shame” quietly rode off past the medias’ eyes.
Good research SarahF! Does it bother anyone that school personnel forced the 10 yr old children to give statements without parental or legal knowledge and representation? And I bet the foul language used is nothing worse than what the kid has seen on TV, probably copied. Yes, educate and provide help, but charging him with sexual assault is ridiculous and an abuse of power.
I meant to type registries “Shouldn”t exist” so don’t jump on me
Hopefully calming heads prevail and someone stops this before going to trail. If is does, I hope no one on that jury is stupid enough to put a kid through that.
As an adult on the offender list since its inception, my life has been a living hell. Can you imagine as a child going through that? Thoughts of suicide and even growing up as everyone thinking you are a creepy monster for sure would drive the kid to become one.
On a positive note ( if there is such a thing ) maybe this can shed some light on the absurdity of how out of hand these offender laws have gotten.
I do not believe registries should exist, but at the very least, no one under 16 should be on one and no one if they exist should be on it unless they are a repeat offender. Not withstanding the Expo facto angle.
Recently here in Central Florida two 6 year olds were arrested and because of the outrage over those arrest, that officer lost his job.
Not sex crimes but still who would arrest two 6 year olds? Basically sometimes something major has to happen for a policy, law or rule change. Sometimes those changes are good, but often as pertains to us, it is something really bad for us.
On the note of a child being placed on the registry causing them grief and possibly considering suicide, wouldn’t this be considered a form of abuse on a child by the law, and therefore a form of cruel punishment? I mean we are considered monsters for what we supposedly do to a child’s mind, imagine what this does to harm them!
I couldn’t agree with you more.
Good point, Tereto. Why don’t educated attorneys ever think to say some of the things we say in these comments?
A lot of times, someone can not afford an attorney and the court appoints them a public defender. It is not that the public defenders do not care, they are given so many cases to handle that most of them review the case out in the hallway before the hearing.
I watch ALOT of news and when I see suspects going before a judge on the local news, I always see the same one or two public defenders in the court room with 20-30 other people waiting to step up and request a bond.
Many of the public defenders have little experience and many are fresh out of law school and trying to make a name for themselves but seem to be so overwhelmed that the defendant is the one who suffers the consequences.
Although sometimes a paid attorney is just as bad. I had a bad accident and hired one for an injury case. When I did not hear from him in two years, I called and he said “Oh I didn’t hear from you either so I dropped your case”. Took a call to the Florida bar to get that straightened out. ( I was impressed at how quickly they acted on my complaint and took it seriously ) Had my money within 2 weeks of filing the bar complaint.
What shocked me was, 100% of it got seized by my medical insurance company stating they had treated me for the injuries and they were entitled to be paid back.
Because it would mean they have to actually be a decent human being first