By Fred . . . Last October, in a lawsuit that was initiated and financed by NARSOL, Federal Judge Marc T. Treadwell ruled against Sheriff Long and other officials of Butts County, Georgia, by granting a preliminary injunction to stop the placement of warning signs each Halloween on the property of those required to be on the sex offender registry. Sheriffs and county officials “. . . should be aware that the authority for their blanket sign posting is dubious at best and even more dubious if posted over the objection of registrants“, Judge Treadwell wrote in his order after agreeing that the practice violated the constitutional rights of registrants.

As he promised to do, Sheriff Long has appealed the decision to the 11th Circuit Court. NARSOL along with ACSOL submitted an amicus brief in support of the appellate challenge being led by Georgia attorneys Mark Yurachek and Mark Begnaud.  Last month, NARSOL’s executive director, Brenda Jones, said that NARSOL is confident Judge Treadwell’s decision will be affirmed by the Eleventh Circuit.

The grounds for initiating the lawsuit were in part based on the fact that there is nothing in the state or local law that requires signs to be placed in the yards of registrants. To remedy this lack of legislation, a bill sponsored by State Representatives Steven Sainz(R), Chuck Efstration(R), Barry Fleming(R), James Burchett(R), Martin MomTahan(R) and Marcus Wiedower(R) was introduced to the General Assembly with the aim of making the sign placement and other stipulations part of Georgia’s law. On Thursday HB 720 passed in the House with a vote of 98-63 and is now on its way to the Senate where it has a good chance of passing. The high number of votes in opposition were due, at least in part, to the hard work by NARSOL’s Georgia advocates and other groups in their tireless letter writing campaign.

According to our advocate in Georgia:

Concerned citizens are encouraged to contact Department of Community Supervision Commissioner Michael Nail urging him to publicly oppose HB 720 as it would create a burden on his agency and make our communities less safe.  The Senate Judiciary Committee will be responsible for what happens next.  Many advocacy groups came together in letter writing campaigns, which was instrumental in creating the the significant opposition.  This campaign will only grow stronger as the bill moves through the Senate.

NARSOL fully expected and anticipated this legislative action by the Georgia General Assembly in response to the pending lawsuit, and we understand the concerns that will arise from those affected. However, to sit back and do nothing in the face of a blatant violation to the rights of those on the registry is simply not an option. If one sheriff is allowed to overstep the boundaries of his authority, it would be only a matter of time before every sheriff in Georgia adopted the same policy and expanded its use past just Halloween. NARSOL is determined to not to let that happen for the well-being of all Georgia registrants and their families.

The lawsuit will continue on constitutional grounds, regardless of whether or not HB 720 becomes law. We are confident that we will prevail in court and that any unconstitutional laws passed in retaliation to our legal action will be challenged if they are not struck by the 11th Circuit Court’s decision in this case.

The post Georgia lawmakers push bad bill in response to Halloween sign lawsuit first appeared on NARSOL.

By Fred . . . Last week it came to NARSOL’s attention that there had been a sudden new development in the Does v. Snyder case. Michigan State Police have decided that at this time they will not be registering anyone whose sexual offense conviction occurred prior to the April 2011 changes in the statute. A copy of the memorandum was faxed to Michigan ACLU. This decision appears to be due to the February 14 court order by District Court Judge Robert Cleland that gives Michigan legislators sixty days to change the law so that it is in compliance with the 2016 ruling by the 6th Circuit Court of Appeals.

This development has created widespread confusion among Michigan registrants as the law has not yet been changed and is still very much in the statutes. It appears that Michigan State Police are giving registrants convicted prior to April 2011 permission to ignore the law while not providing any further information or confirmation that they do not need to register at this time. Also, local sheriff departments are not necessarily bound to the rules and policy changes of the state police and may decide to continue registering pre-2011 registrants.

Michigan ACLU is advising registrants to try to register anyway and, if refused, to try to get something in writing that says they do not need to register at this time. If that is also refused, registrants should take steps to document their visit themselves. Write down the date and time you attempted to register and the name of the sheriff deputy or state trooper you spoke with. While this law is still on the books and no confirmation has been provided, it is important that registrants take steps to protect themselves.

Michigan ACLU also advises that this does not mean pre-2011 registrants are coming off the registry. It merely means that at this time the state police are not registering them when they come in for their quarterly or bi-annually verification. This could change at any time, and pre-2011 registrants may be ordered to resume registering as usual while state legislators revise the law.

We are paying attention to this case and will post updates as new developments are announced. In the meantime, Michigan registrants should do their best to continue following the SORNA law as written.

The post Michigan State Police Turning Away Pre-2011 Registrants first appeared on NARSOL.

By Fred . . . Research shows that between 2% and 10% of reported sexual assaults are false accusations. Even though the exact percentages cannot be known and could be higher – or lower – this is a fair estimate.  It is certainly very troubling that this happens, and there is no doubt that many innocent people have been wrongfully accused and punished for crimes they did not commit. However, these same statistics also show that between 90% and 98% of reported sexual assaults are not false accusations, and regardless of whether the actual numbers are higher or lower, it is clear that actual incidents of sexual abuse far outweigh incidents of false accusations.

To automatically take the position that women who come forward with sexual assault allegations are lying is not a winning strategy and can actually cause more harm for our movement than good. The low rate of false accusations is very close to the low rate of recidivism for those convicted of sexual offenses, which is one of NARSOL’s arguments against the registry laws. If we were to say that the number of false accusations is a significant percentage that discredits the majority of true accusations, we would be hypocrites for suggesting, as we do, that the low percentage of recidivism is significant.

Besides advocating for change to the sexual offense and registry laws that we believe to be both morally wrong and unconstitutional, NARSOL also promotes personal growth and healing for those convicted of sexual offenses as well as for the victims of sexual abuse by encouraging a supportive and validating environment for all who may be connected to these issues in any way.

Victims of sexual abuse everywhere should be able to come forward when they are ready to do so and be free of criticism and reprisal. The decision of when and how to come forward is a personal one that only the victim should be able to make for him or herself, regardless of whether it was immediately or decades after the abuse took place.

It is the responsibility of all decent people to withhold judgment and listen to alleged victims with compassion. By following that basic rule of decency, we would not only be helping them find peace and begin healing, but we would also be reinforcing the message to future victims that it is always safe to report the abuse immediately through the proper channels where they will be taken seriously and, IF an investigation supports their narratives, where the abusers will be held accountable.

NARSOL advocates for rational, fact-based laws that serve to promote public safety. We believe that the punishment should fit the crime and that those convicted of sexual offenses should have the same opportunities as those convicted of other crimes to move past their convictions and reenter society after they have served their time and thus become contributing members of their communities.

It is important for registrants who have committed harm to acknowledge and take personal responsibility for past harmful behaviors. When they show compassion and support for victims of sexual abuse and sexual assault who were brave enough to come forward amid potential backlash, they are effectively demonstrating that those convicted of sexual offenses truly can grow and correct the errors in their ways and that there is no rational reason to fear them. This helps to erase the stereotypical views and create a healthy and safe environment for all.

The post Victim shaming is not a winning strategy first appeared on NARSOL.

By Fred . . . Imagine that life is good as you and your smiling wife walk hand in hand at the fairgrounds. She is seven months pregnant; both of you are excited about starting your family as you trade ideas for the baby’s name.   You just drove 120 miles to enjoy the North Carolina State Fair. You planned to enjoy the over-priced pineapple drinks and ride in the tractor pulled taxi to keep your wife off her sore feet. You have no reason to think anything could go wrong on this day.

Suddenly you are surrounded by up to 30 police officers and torn away from your wife. You are thrown to the ground and your arms are twisted, then cuffed, behind your back. Your wife stands frozen in shock and fear as you struggle to ask the officers what you are being arrested for.

Onlookers stare in disbelief at the scene unfolding before them. Surely they must think you are a terrorist or a fugitive on the FBI’s Most Wanted List, but it is actually nothing like that at all. You are merely on North Carolina’s Sex Offender Registry. You were convicted 10 years ago for an incident that happened 3 years prior when you were only 16.

The police whisk you away, leaving your scared wife standing there with no idea whom to talk to or where to go.   As she makes her way back to the car, she is overwhelmed and struggles to fight back the tears when the realization sets in that this is the family life she has to look forward to, a family life where her husband can not fully participate, and her child is going to want to know why.

As surreal as this scenario might seem, this is what happened several weekends ago when a North Carolina registrant and his pregnant wife made a 120-mile drive to enjoy the North Carolina State Fair.   A new law went into effect on September 1^st that bans 17,000 registrants from fair grounds within the state.

He was convicted when he was 19 years old for something that happened when he was only 16.   He had completed his entire sentence and had not been in any trouble since.

The City of Raleigh, where the State Fair is held, sent people door to door to notify all registrants of the new law. However not every city in North Carolina used this method, and obviously because the law is still new, not every registrant has been informed yet.

This is a perfect example of how sex offender laws prevent registrants from moving forward with their lives and establishing the stable support system that is necessary in order for one to grow and strive to reach their full potential.  These laws cripple an entire class of people, forcing them under a rock and away from civilization. These laws also effectively break up families, therefore causing emotional and psychological damage to the children of registrants, which in turn can set them up for risk in their own adult lives.

This system of oppression would be very fitting in Nazi Germany, but it has no place in the modern United States. The land of opportunity is supposed to exist for all. Even convicted murderers have more opportunities to change their lives and become productive members of society than former sex offenders, who in far too many cases were charged for having sex as teens or in victimless police stings. However, regardless of age when convicted or the severity of the crime, in the United States the right to Life, Liberty and Pursuit of Happiness applies to all citizens.

Many other groups struggle to get ahead in the United States, but when it comes to former sex offenders, actual laws are written and passed with the sole intention of keeping them down and out of society. That is wrong. That is un-American.

The post Sex Offender Laws are Un-American first appeared on NARSOL.