Tuesday, July 12, 2005

Sex Offense?

I've seen this one floating around for a few days and I'm still amazed that this happened. I'm also a bit miffed that I haven't seen any commentary on why this is wrong other than the "travesty of justice" title.
A man who grabbed a 14-year-old girl's arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a "sex offender," the Appellate Court of Illinois has ruled.

Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.

The girl testified Barnaby yelled, "Come here, little girl," when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness.

The trial jury accepted Barnaby's version of the story, but found him guilty of unlawful restraint of a minor – a sex offense under Illinois law.

As a convicted sex offender, Barnaby is required to be listed on the state's sex offender registry and must keep authorities informed of his place of residency. He also isn't allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses.

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

The travesty statements have been coming out because the jury believed Barnaby's side of the story. The facts of the case were considered and found by the jury, but the law forced an unreasonable result that had no context in the scenario. The main issue I have with all of this is the fact that this prosecution waters down and thus weakens the system used to document and control truly dangerous sex offenders.

This isn't a rare event either. How about the Illinois sex offender related to public nudity.
4} SEX OFFENDER REGISTRY FOR PUBLIC NUDITY
Date: 4-4-02 Bill Number: HB 5874 Votes: For=118 Against=0
Vote to make skinny dipping a crime by adding "public indecency" to the list of sexual offenses that require a person convicted to register with the state as a sex offender. This bill will require a person who is arrested and convicted three times for public indecency to register with the state as a sex offender. Currently, public indecency is a Class A misdemeanor; if arrested more than three times it becomes a Class 4 felony with the possibility of 1-3 years in jail. Existing Illinois law (720 ILCS 5/11-9) prohibits any person 17 years of age and over from performing the act of public indecency, which the law defines as "[a] lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person." Public indecency is an offense when performed in a "public place," which the statute defines as "any place where the conduct may reasonably be expected to be viewed by others." Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony.
Anyone else see something wrong here?

I don't want any of the arguments that deviant behavior like skinny dipping leads to more violent sexual offenses. The pot use scenario isn't even valid for pot, never mind sex.



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