Sex Crimes, Sex Offenders life sentence for 2nd degree sexual assult???

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jrindo

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In February of 1991, I was charged with Second Degree Sexual Assault in the State of Wisconsin; a Class C Felony, (948.02 (2). On September 3, 1991 the sentence was handed down. I served 9 months of a 12 month jail sentence, being released early for good behavior and progress in recovery. I was then on probation for 6 years which followed, ending 09/03/1997. Due to the nature of the offence and post-sentencing laws, I was required to register with the Wisconsin Sex Offender Registry system. According to Wisconsin Statute 301.45, I was required to remain on the registry for 15 years. In September of 2006, it was 15 years since my sentencing. When I asked the Department of Corrections about my being released from the registry, they informed me that I must remain on it for life. I have conducted extensive research on line in Wisconsin Statues, Documents, Legislative Acts, and the like, eventually finding WI SS 301.45, Administrative Rule DOC 332 where such change to lifetime is declared. The attorney that originally handled my case in 1991 was not able to find anything in his current law books and records to substantiate this change in law. He then called the DOC and was informed verbally of such change.

Since I was charged with that one-time offense in 1991, I have committed no crimes and have had no violations, convictions, or even contacts with authorities for any reason, other than minor traffic violations and visits to comply with the DOC-SORP rules and regulations. Although I have faithfully abided by all requirements of the law, including the new mandates, restrictions, post-sentencing, and regulations related to my crime, I am being penalized with a lifetime sentence to register as a sex offender, because of the aggressive acts of persons unknown to me, and having nothing to do with myself or anyone affected by my personal acts. What this amounts to in essence is a new life sentence of parole. Not calling it an extra sentence or extra punishment is preposterous and insane. How discouraging and demoralizing this is for someone who has put forth great efforts for a productive and restorative life. I have done nothing since my original act to warrant such severe and unreasonable punishment, not to mention for life!

As a result of my crime and the devastating results that followed, I have undergone extensive therapy and counseling for most of the prior 15 years. These treatment plans, which I continued to be successful in, were focused on sex offender rehabilitation and severe depression which resulted from the realization of the horrendous crime and the effects on so many lives. In spite of the horrific act that I did in 1991, I am still married and have worked extremely hard during these past years to restore relationships with my family, other relatives, and friends. In addition, I continued to attend and be actively involved in a local church. However, this lifetime registration requirement and all its ramifications are truly overwhelming on the lives of my family members as well as me. We are constantly reminded by the legal system, media, and now, the traumatic impact that the posting of my conviction, along with my picture and exact address, on the internet continues to foster. These incessant additions to my sentence have mercilessly jeopardized any attempts by my family and me to lead reasonably normal lives. When people learn of my sex related crime, I am automatically placed in the classification of "sex offenders" of the worst kind. Again sighting SS 301.45 the following statement attests to such stigma:

"…Lifetime registration is generally required for sexually violent persons, any person convicted of a sex offence on two or more separate occasions, and those placed by a court on lifetime supervision"

There is no evidence or indication whatsoever that I am or ever was sexually violent or that I would be likely to offend again. Actually, my life for the past 17 years has clearly demonstrated just the opposite. Further, I was never sentenced or ordered by any court to be on lifetime or even 15 years supervision.

The public has no means to ascertain any distinctions in sex crimes. Since I appear on the Wisconsin sex offender website along with all serious offenders and dangerous sexual predators, that is how I am perceived in the eyes of the public; they assume the worst.

By no means do I purport to diminish the gravity of this crime or the serious implication such crimes play on today's society. For the past sixteen years I have been continually and persistently reminded of that horrendous crime. It is with this in mind that I plead with you Governor Doyle, as the leading representative of our legal system, that I too am a person, and have made mistakes like everyone else. Sadly, the crime I committed through serious lack of moral judgment, is viewed such that little mercy or compassion is ever shown.

Through much hard work and determination, I was able to find gainful employment, after my original sentence was completed. That is, until new laws were invoked, greatly diminishing my chances to remain gainfully employment. In 1998, I was unlawfully dismissed from a respectable position of employment because of my past conviction, even though full disclosure had been readily and fully made. Lacking sufficient financial resources to be effectively represented, my claim, which was determined to have justifiable cause by the Wisconsin Workforce Development Agency, was settled out of court with a hand slap to the company involved. Although I have contacted legal firms regarding my circumstance, no action would be affordable, particularly considering I have not had work since 2002. Some attorneys have alluded to actions such as vacating the sentence or obtaining a pardon from the Governor. The fees, however, are beyond my grasp, ranging from ten to twenty thousand dollars. In addition, there was little assurance offered that either would be likely.

I continued to work short term projects the next few years, until summer of 2002. After our nation was brutally compromised in the 9/11 tragedy, I was no longer able to find work. As a result of the vital security measures enacted following this tragedy, personal background checks became commonplace with nearly every prospective employer. This virtually ruled out any future employment opportunities for me. At times, I would get to a telephone interview, but was never called back. Even in situations where my credentials would warrant further consideration, none was ever given. I have been unable to find gainful employment since 2002. Recently I have again attempted vigorously to find work. My resume has been posted on popular Websites and was viewed by nearly 500 prospective employers since January of this year. This would be a very conservative figure. I also sent out an additional 75 custom resumes during the same time period. Although I did speak with numerous prospects, no one called back after the initial contact. More recently, I actually had a telephone interview and was later requested to appear for a face-to-face interview. The interview went very well, and I appeared qualified in nearly every respect. I had established good rapport with the interviewers and considered the resultant meeting a very good match. Within a week I was informed, tactfully, that others with credentials more fitting to their needs were accepted.

The financial loss as well as the emotional crises in my life circumstance are evident, and have taken their toll even 16 years. I have worked very diligently at a successful recovery and becoming a better family member and citizen. I believe I have proved during this lengthy period of time that I am indeed not a threat to society, nor have I been at any time.

Further hindering my means to lead a normal life are the unwarranted restrictions for travel. We have a son in the Military and stationed in Germany for a lengthy period of time. My wife and I would like very much to visit him. However, I can't even leave the State of Wisconsin for more than 10 days without reporting to various agencies, police departments, law representatives, and I'm not even sure who else! My former attorney also informed me that I cannot even obtain a passport!

In August of 2006, another constraint was implemented to further shame and degrade my status as a human being. I was required under threat of imprisonment to report to a law enforcement agency within 10 days to have my picture taken so they have a current one to place on the Website for a crime I committed 17 years ago. Here we go again… another post sentence added to my life sentence of registration (parole)! Department of Corrections agent Jodi Voegeli informed me that new pictures are now required every two years. It was here that I learned of my new sentence to a lifetime registration as a sex offender. I told her I thought it was 15 years, and she responded that the law was changed. I then asked if there was any possible way to be removed from the registry, and she responded, "only if the judge would 'vacate the conviction'". In asking her if this was a possible option, she dispassionately said "not really"!

Are there no considerations; is there no justice afforded for one-time, one-incident, offenders to be given a chance to live a somewhat harmonious existence in life after a crime committed so long ago? Is there any action by which I can be removed from the registry, pardoned from my conviction, or to have it reversed, set aside, or vacated? Even after 17 years of faithful compliance with every requirement, mandate, law, and new constraint, I am still considered and treated by the legal system, as a hardened criminal and a threat to society. What are the grounds for this oppression? How can justice be served when so many human beings are punished because of the crimes of so few? Is there anything that can be done to salvage what life I have left? Is there any recourse to the path of Justice?
 
Contact your state legislators.

They will not be easily persuaded to help a sex offender.
 
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