Questions about "Megan's Law"

[lapislzi]

I know very little about this law, but I am curious about the ethics of it, and I solicit the opinions of my fellow DUers. I feel uncomfortable with the situation, and am not sure what to do.

However, a letter arrived at our house from the school district the other day (for the 1 or 2 DUers who don't know me :7 I have a 10-yr-old daughter) with information "pursuant to Megan's Law" informing me that a registered sex offender had taken up residence in the neighborhood. The letter included the person's photograph and many details of offenses and convctions. It was quite elaborate, as I'm sure anyone who's received a letter like this realizes.

I put the letter away and did not mention it to my daughter for several reasons.

1. I don't want to freak the kid out. Kids are freaked out enough. Some are only calming down now from 9/11.
2. Does my responsibility to know about this individual and protect my daughter trump this person's right to privacy? Does such a right exist? Or, as someone suggested when I brought the topic up to a group of mothers, did this person surrender his privacy rights when he committed these offenses?

I don't feel comfortable knowing this information at all. But...how would I feel if I didn't know it? I can't answer that now. It's too late.

Doesn't this person have the right to pursue a normal life, now that he's served his sentence? What if I see this guy in the grocery store or at the gas station? Am I supposed to run screaming? Am I supposed to pull an "Invasion of the Body Snatchers" maneuver in front of my kid?

I am aware of the statistics for recidivism among child sex offenders. I won't deny that it's a concern. But I can't see going off the deep end about it. My feeling was to adopt a "wait and watch" attitude.

The other mothers think I'm crazy. You can't believe the vitriol spewing from PTA moms' mouths about this person. They have all shown the person's photo to their kids and issued dire warnings. I know my daughter will now find out about this from the other kids, and I have to figure out a way to handle it.

When did panic replace common sense?

Weigh in. Help me, DUers.

[kiahzero]

1. "When did panic replace common sense?"

Roughly about the time that the appearance of being "tough on crime" trumped actually doing things to reduce crime, rather than just punishing crimes more harshly.

[slinkerwink]

2. maybe knowing who the offender is a form of common sense

If I was living in a neighborhood with my kids, I'd want them to know so they wouldn't be abducted by a sex offender in that area by knowing who he is first, and to stay away from him.

[Lars39]

3. You need to talk with her about it.

Chances are she's already gotten the viewpoint from the PTA mom's kid. She needs to hear your viewpoint and assurance that you love her and will protect her. A ten yo can understand the concept of a witch hunt versus valid protection concerns. Just my 2.

[Muddleoftheroad]

11. Witch hunt?

The guys a sex offender. It pays to know your enemy and HE is your child's enemy.

[Lars39]

13. Yes, pedophiles are a child's enemy.

I was referring to the PTA meeting mentioned. Sounds like things got out of hand if the parents are acting ugly towards each other.

[lapislzi]

15. It was an informal gathering

all the moms belong to PTA, but it was not an official meeting. We were just gabbing together. Also, no one was acting ugly towards anyone else except to the sex offender(who obviously was not present). There are apparently not enough bad things that can happen to that guy.

Again, I felt uncomfortable.

[Bandit]

4. To me it is a form of double jeopardy

Although I appreciate the reasoning behind it I believe it is unconstitutional. I know the supreme court has ruled it is constitutional but they also ruled the no-knock policy constitutional. There are many kinds of sex offenses and not all are what I would consider bad enough to deny one their constitutional rights. Say like if an eighteen year old boy had sex with a sixteen year old girl and it was consensual. It is still considered statuary rape and a sex crime and that boy will have to register as a sex offender for the rest of his life.

[lapislzi]

5. What offenses ARE bad enough to deny someone his constitutional rights?

I thought that's what prison was for. Is he still in prison even though he's out of prison?

See what I mean? Does MY right to know and protect my kid trump HIS constitutional rights? I honestly can't answer that. There is one answer as a parent and one answer as someone who tries to lead a life of conscience.

edited: spelling

[Muddleoftheroad]

12. Yes`

He is a convicted criminal. Your child is not. Provide for the common defense. Promote the general welfare.

Frankly, it would be a lot easier if we never let child molestors out -- ever.

[nothingshocksmeanymore]

7. He'll only have to register if he is convicted and a judge RULES

that he must.
Megan's Law passed constitutional muster since registration was always a requirement and the only thing that changed was the administrative aspect of that registration...however, the law should NOT be applied arbitrarily and capreciously, and to some degree it is...but no challenge has yet been made on that aspect of it to my knowledge.

[Ms. Toad]

10. Actually...

Megan's laws vary from state to state.

Many states require registration solely on the basis of conviction for committing an offense that is on a particular list. That often results in plea bargains to lesser or even unrelated offenses in order to avoid the registration requirements.

It also means that, unless you have a friendly prosecutor willing to deal, the 19 year old guy who has sex with his 16 year old girlfriend may well have to register as a sex offender for a period of years or even life, and there is nothing that a judge can do about it. (Assuming having sex with a minor 3 years younger is statutory rape and statutory rape is one of the listed offenses.) The labeling, and the registration that follow (in many states) is an automatic consequence of conviction, not the result of a judicial ruling, and the judge has no authority to change it.

But, as I said, the laws vary from state to state. Some states do require hearings. Some require hearings for the more serious classifications of offense, but not the less serious. Most have been found non-punitive (generally the basis for determining they are constitutional).

[Cleita]

14. Yes, this is true and it has happened to some.

Some were not even aware that the partner was a minor until after the fact but they are now registered as sex offenders.

[Ms. Toad]

6. Demons

Unfortunately, the notification provisions of Megan's laws has been ruled constitutional by virtually every court that has reviewed them, so no this person does not have a "right" to live a normal life.

As someone who is both a rape survivor and who spent 10 years as a volunteer in a rape crisis center in a major metropolitan area, these laws scare me. They perpetuate the myth that the rapist/sexual abuser is a stranger who is outside the norms of our society. That is unfortunately not the case. Most offenders are indistinguishable from everyone else, and may be parents, grandparents, siblings, next door neighbors, the friendly storekeeper on the corner, etc. By identifying the convicted offenders it gives us a false sense of security about everyone else. As long as XX is demonized, our children will be looking for demons, not Uncle Joe, Aunt Jane, the guy mom says hi to every day at the supermarket, the relative dad makes us kiss as a greeting every time we see him.

Children need to understand, from a very early age, that their bodies are their own and that they have a right to refuse physical contact with others if that contact makes them comfortable. They need to be able to trust us enough to tell us if something makes them feel "icky," including if it relates to relatives, neighbors, or complete strangers.

With respect to your daughter, if you haven't already I would talk to her about sexual abuse in general. How explicit you are depends on the age - start with young children helping them learn to trust their feelings and learn how to talk about them. With older children, you can be more explicit about the risk - perhaps in connection with scary local occurrences like the suspicious van that the school board announced was driving around our neighborhood a year or so ago. Since your daughter will hear about this person from friends, the PTA, etc. you should mention him/her, but not as someone to be any more concerned about than anyone else.

[lapislzi]

8. I agree with you on all but one point

Welcome to DU, by the way...:toast:

I also understand your perspective as a rape survivor, and I commend you for your work.

I think I've done all the "right" things with my daughter vis a vis body awareness, etc. I have even taken it a step further, because I believe that a large measure of crime prevention has to do with common sense, and no kid is too young to learn basic common sense. Like, no grownup is gonna ask directions from a kid. DUH. Be wary of people who approach you. I actually conduct an exercise with her in public places (the mall, etc.) where I instruct her to find someone to ask the time, or ask where the food court is...I want to watch her selection process and guide her. I want her to be able to evaluate situations and individuals using good judgement. People who are confident and aware are less likely to be victims, even if they are kids.

Thanks for your input.

[nothingshocksmeanymore]

9. Thanks for sharing your story and perspective