I hate to say it, but the judge in this case is right. He blocked enforcement of a popular ballot initiative keeping sex offenders at least 2,000 feet from parks.
Now, I’m all for frying every sex offender on the planet.* I think it’s nauseating that we don’t do more to punish rapists and child molesters — I’ve heard the argument that lax rape laws are due to overwhelmingly male legislatures, and I’m not sure I believe that (plenty of other laws are too lenient), but it’s a problem nonetheless.
But there’s something called ex post facto, which means, in a word, retroactive. That’s forbidden in America. If the punishment for robbery is 1 year, and I rob, you can’t then pass a law extending my sentence to 3 years. You have to wait until I rob again to give a different punishment.
Likewise, for sex offenders who’ve already committed their crimes, you can’t add the extra punishment of a 2,000-foot rule. Such a rule can only apply to sex offenses to take place after the law’s passage.
Robert VerBruggen blog at http://robertsrationale.blogspot.com.
*Save for the 18-year-olds who had consensual sex with their 17-year-old girlfriends, and the guys who, drunk themselves, had sex with drunk girls and got prosecuted. I love this line from the Cornell Rape Education Web site, not because it’s bad advice but because it’s an accurate description of the law: “Being drunk or high is not a legal defense against a charge of rape. You are responsible for your actions, whether or not you are drunk or on drugs. Furthermore, a woman who is drunk or under the influence of drugs may be incapable of consent.” In other words, men are responsible for their drunken behavior. Women aren’t.
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2 users commented in " Judge blocks anti-sex offender law in California "
Follow-up comment rss or Leave a TrackbackFirst issue with this story is the person says sex offenders, then says they are all child molesters and such. WRONG! I in 1985 met a girl at a party and we ended up in my car fooling around. No sex! I gave her my # and wrote great kisser. Turns out she was underage so I got in trouble even though I did not know she was underage. Ten years lateer in 96 i was forced onto the SOR can you say ex post facto. In 07 I was forced onto the public web page in the statej of NH. 23 dam years and I am not and still being called a child molestor. What do you people want from people like me? Are you feeling protected now that my life in ruined for that crap 23 years ago. FU
more sex offender laws is just more ignorance.The laws now are over board. what people should do is get informed and not allow any more stupid laws be imposed that dont do any good and causes your taxpayer dollars to be wasted.
dept of justice website shows true statistics
not just hype from uneducated ignorants on a witch hunt. what is the next witch hunt you or your family when you molest a kid or pee on a wall and have to register for life? the ignorant people dont realize rediculous knee jerk reaction laws for politicians to gain office only does harm to america. its dirty and vile to protray such ignorance. anyone can be a sex offender with laws the way they are. and what about the people who are supposed to be protecting you like judges and district attourneys who molest children or any law they break and get away with it because they are above the law. look at these men who worked for dept of homeland security being charged with luering children for sex. this has been a social problem for ever and if it wasnt illegal as it isnt in some places it wouldnt be thought as sick. most men we all know look at young girls sexually even at boys. even the people criticizing others because they feel guilty about what they think about. common sence is needed here because until the next ignorant person gets caught for doing it himself and he or his family member to be ostracized as today this whole witch hunt will get stupider by the day. what then when you get caught. The way the laws are now it is worse for someone to do a sex crime than it is to kill a kid and not molest them, they dont have to even register, how does that look? so the hype and sensationalism train everyone flocks to when one more kid killing happens need to be proportionate and focused on that person. the witch hunt has to stop. more and more people are agreeing every day that the witchunt and scarlet letter has to stop and registration put to a halt with offenders addresses bieng put on websites as it does no good and harms the PEOPLE that dont deserve it anymore. or where innocent all together. some offenders where minors themselves or barely adults. i do agree with high risk offenders get the shaft but not all of the people who ever did a sex crime. after all people are people and make mistakes. doesnt god forgive everyone? even sex offenders, yes he does. People need to stop mutating the label pedophile as a pedophile is a offender who preys on little kids. not every one who does a sex offence. when you or a family member is entrapped into a plea bargain for peeing outside lets say then you will be labeled a pedophile.
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