Many young, first-time sex offenders are not pedophiles or predators.
Yet they are restricted in nearly every aspect of their lives.
Federal District Court for Tennessee has ruled many of these restrictions to be unconstitutional. They are punishments added AFTER sentencing, or ex post facto.
We ask that offenders be subject to the sentence in force at the time the offense was committed.
We do not diminish in any way the seriousness of the offense nor the suffering of the victim.
The punishment must fit the crime, but it must also fit the Constitution.
- Some foolish, young teenagers are burdened with lifetime punishment after incarceration.
- Some have gone on to live stable, productive lives.
- Some are married after their incarceration, with families of their own who are being deeply affected.
Unintended innocent victims: the spouses and children of one who offended as a teen.
- They are subject to embarrassment and rejection at school, in their neighborhoods, etc.
- The families face difficult residential restrictions.
- The offender has a more difficult time providing for family due to restrictions on employment.
- Limitations make it difficult to support children at school events, sporting events, libraries, recitals, etc.
- Some parents can’t live with their own children.
- There is no “putting the past behind” . . . ever.
- The offender must have been age 19 or under at the time of their offense.
- Conviction must have been for a single incident with a single victim.
- There must be no sexual offenses for 10 years after incarceration.
- Victim cannot have been a family member.
- No use of, or threat to use, a deadly weapon.
- Conviction cannot be for rape of a child, attempted or aggravated rape of a child.
Only a few of the current restrictions:
- Residency/employment restrictions require 1000 feet from schools, parks, etc.
- Names kept on a public registry vs. subject to registry rules at the time of offense. For many that would be a private registry for law enforcement use only.
- May not with their own children in any setting without prior consent (schools, parks, etc.)
- Marriage cannot include living with step children.
- Cannot be an active participant themselves in sports at parks, rec centers, etc.
Wiser use of Tennessee tax dollars:
Justice funds for some sex offenders can be better used to address the more oft-repeated crimes by
- true pedophiles
- true predators
- sex traffickers