Child Abuse, Molestation, Porn How did this child molester not end up in the database?l

[Floridamom]

I had a weird feeling about a particular person and did some nosing around and found that they were arrested in 2005 at age 24 for sexual battery on a minor under age 12. Arrest record shows that they did over a year of incarceration after their arrest. They were given felon status.

I can't find much information as it seems the case was sealed due to age of victim.

I've checked every registry I can find and he is no where on any of them. I've mapped every address he's been at and the national registry.

What would cause this person to not show up on any database?

 

[Proserpina]

We have no idea why someone is or isn't required to register.

 

[army judge]

If you are concerned about a potential sex offender violating registry requirements, contact your county sheriff or local police agency. They can advise you further.

 

[Floridamom]

I'm not asking why this specific person isn't on the list. I'm not an idiot. I know no one here would know those details.

I was curious as to possible scenarios that might create that outcome.

I'm not jumping to the conclusion that he is violating registry laws. I've checked more than just maps. He's not even on the national database as even being an offender. All I can find is the arrest info, arrest/release dates, and the basics of a court hearing and nothing beyond that.

 

[Floridamom]

Oh, but if I did know he was in violation you can bet I would report the heck out of him. I was a victim at age 5. I don't take these things lightly.

 

[army judge]

I'm not asking why this specific person isn't on the list. I'm not an idiot. I know no one here would know those details.

I was curious as to possible scenarios that might create that outcome.

I'm not jumping to the conclusion that he is violating registry laws. I've checked more than just maps. He's not even on the national database as even being an offender. All I can find is the arrest info, arrest/release dates, and the basics of a court hearing and nothing beyond that.

I was simply referring you to discuss the matter with local authorities.
I could bore you to death with the reasons I've see for people escaping registry requirements.
But, i am not willing to give the CREEPS, PERVERTS, DEVIATES, and CHILD MOLESTERS more ideas to escape their fate.
So, I won't post the how the CREEP you have discovered could be getting away with something.
That is why I suggested you bring teh matter to the attention of your county sheriff.
You never know who or what is lurking on the internet.
There is no more horrible crime than what these perverts, freaks, deviates do to children.
I do my part (within the legal system ) to make sure those convicted of their heinous offenses get what they have earned.

Finally, I apologize if you were offended or abused by anything anyone might have flippantly posted.

 

[Floridamom]

Thank you. I do see your point. I hadn't thought about it from that angle. I have an old friend in law enforcement. I'll try having him look into it.

 

[Proserpina]

Make sure that "old friend" is obeying the law.

 

[Floridamom]

I've certainly never known him not to.

 

[Proserpina]

Good

(There are restrictions on how and when an LEO can access certain things - they can't just do random checks as a favor)

(Well, not if they like being employed anyway)

 

[army judge]

It's far simpler to discuss the matter officially with the county sheriff. The sheriff's office owns the registry process and is very forthcoming about how the registry works. You give them the details of the suspected kiddy abuser, they'll investigate. Easy peasy cheesy.

 

[Proserpina]

AJ, help me out here please?

Was it Texas that was involved with a major lawsuit relating to "favors"? About 5 years ago?

I'm thinking Texas.

 

[mightymoose]

You found an arrest record, but did you find a record of a conviction?
Perhaps he was ultimately found not guilty, or he was convicted on a lesser offense that did not require registration?

 

[Proserpina]

You found an arrest record, but did you find a record of a conviction?
Perhaps he was ultimately found not guilty, or he was convicted on a lesser offense that did not require registration?

Hmmm. That's a great point actually. After looking at the Florida sentencing guidelines an adult of 24 guilty of sexual battery of a child under 12 would be facing a minimum sentence far greater than one year behind bars.

 

[army judge]

Hmmm. That's a great point actually. After looking at the Florida sentencing guidelines an adult of 24 guilty of sexual battery of a child under 12 would be facing a minimum sentence far greater than one year behind bars.

Probably took a plea to a lesser offense.

I've seen some of the kiddy perverts accused of horrible things.

Yet, some are connected and allowed to plea to stuff like "disorderly", "trespassing", and in some cases simple city ordinance violations, not state charges.

Our society doesn't seem to concern itself with kids getting molested, abused, neglected anymore.

Sure, some states try, but look at those so called "Romeo and Juliet" laws.

Laws don't work unless the courts mete out stiff sentences to those that get convicted, and stop allowing people to plea to things that allow them to commit the same crime five or six more times before they receive a proper punishment.

This is but another reason I've given up.

As a sitting judge, you'd be surprised what I see that others don't.

I'm sure any law enforcement officer that helps out here too, will verify what I'm saying.

We simply cook the books so many ways.

 

[army judge]

AJ, help me out here please?

Was it Texas that was involved with a major lawsuit relating to "favors"? About 5 years ago?

I'm thinking Texas.

We had a local PD officer use his city issued laptop to make inquiries about people (mainly local notables) and use that data to help buddy running for constable (an elective law enforcement officer that assists a JP). Both are now in a state run facility for convicted felons.

Texas law enforcement officials have been sued over releasing and misusing NCIC and DPS (Department of Public Safety) data.

In fact, I'm sure most states have had that kind of lawsuit.

A Houston PD officer was caught using NCIC inquiries to locate females that he eventually raped.

A State Trooper did the same thing.

Several sheriff's departments have had similar misuse of issues.

One "911" operator surreptitiously collected information and sold it to a repo firm.

Money can get many people to do stupid things.

 

[CdwJava]

Probably took a plea to a lesser offense.

I've seen some of the kiddy perverts accused of horrible things.

Yet, some are connected and allowed to plea to stuff like "disorderly", "trespassing", and in some cases simple city ordinance violations, not state charges.

It's much more complicated than that.

"Connected" is not usually the case. More often than not there are two motivations NOT to bring a molestation case to trial. One, the paucity of the evidence. Trying a molestation case based upon the statements of one child, without corroboration, can be iffy at best. Yes, the child victim might be a compelling witness, but putting the child on the stand to withstand cross-examination can be a difficult thing. And not all children can withstand cross-examination, and few children can be said to have never told a lie. The prosecutor has to make a decision as to the weight of the victim's testimony and credibility when compared to the suspect's. It does not mean that the prosecutor does not believe the victim, only that proving the case beyond a reasonable doubt can be doubtful. Therefore, a plea deal is preferable.

The second most common reason I have seen in these cases - and the research seems to bear this out - is that the victim or the family do not want to tough it out. Many parents want to either bury their head in the sand, or believe that their child needs to "move on" beyond the event, and a trial forces them to re-live the event over and over again as they tell their story multiple times to the police and social workers, again to a prosecutor, and then again to a jury. I have known parents of grievously abused children to up and move in order to avoid the issue.

Both these situations tend to compel a prosecutor to seek lesser pleas. It is the perpetual argument: Do we prosecute on principle, even if the case is a loser? (and, potentially let another criminal go as we utilize resources on a losing case) Or, do we apply SOME FORM of punishment for the offender?

This is often the case for rapes as well. There are some very good books and journal articles out there on the prosecutorial decision-making process with regards to sex crimes - particularly rapes - and these decisions have very little to do with whether someone is connected, or whether someone is believed or not, and almost evrything to do with the prosecutor's ability prove their case.

I suppose in this instance that might very well be the case! There may have been a plea to a lesser offense that did not require registration. I have seen that happen on many cases involving both child and adult sex assaults. And, while it angers and frustrates me, I have come to understand the limited availability of resources and accept that some cases stand a very low chance of success at trial even if I might believe the suspect to be guilty, guilty, guilty.

Sex crimes often involve two people ... one of which is often lying. And with the number of accused victims that recant to both sex crimes and molestations, and the number of proven false allegations that exist, there is built in reasonable doubt in many instances. These are tough cases and not ones taken lightly by anyone I have ever met in the criminal justice system. These investigations and prosecutions take their toll also on those who investigate and prosecute them. To say that "our society doesn't seem to concern itself with kids getting molested, abused, neglected anymore" is to oversimplify the issue - and, misdirect the blame. The alternative, if we were to care, would be to assume the offender guilty merely as a result of the accusation. That is a scary thought. Unfortunately, the accusation is usually enough to bury someone's life even if later proven untrue. The accusation is above the fold on page one ... the recantation or proof of innocence might be three or four lines on page 16 below an ad for Smiling Dan's Used cars. I have seen more than one life ruined by the accusation alone ... and, more than one life ruined by true victimization.

It is no easy thing to investigate and pursue sex crimes - particularly against children. When they are not prosecuted, it is not through a lack of desire, but for reasons related to law and to concern for the victim. Being "connected" isn't even on the radar screen in consideration for the overwhelming majority of these matters.

And, as a note, I recall a case in San Jose more than two decades ago where the defendant was accused of molesting two little girls - he was a Brownie troop leader, a college professor, and part time Ranger in the summer at Yosemite National Park. One of his victims' families left the state and did not pursue the matter. The other little girl's family fought back, got her into counseling, and made her available to testify. The defendant, knowing that the longer the case went on the more likely it would be that past victims might come out, took a plea deal where he was exposed to up to 5 years in prison. At his sentencing, the judge had been prepared to offer probation and time served (about 3 months). However, the parents of the little girl spoke up about his acts, and one victim from more than a decade earlier (now in his 20s) spoke up and presented letters from four prior victims articulating the harm caused by this man. Those two speakers counterbalanced more than 2 dozen speakers on the defendant's behalf including statements from two city councilpersons, an Assemblyman, a Congressman, college faculty, and park personnel. As a result of those two speakers, this man served over three years in prison prior to being paroled. He is on the Megan's Law website even today. So, he was connected, but it didn't matter ... two brave voices from victims overcame all the political pull in the world. Unfortunately, this story is rare ... not because of the political aspects, but, because of the fact that the victim had a family that was both tenacious and credible. (As a note, the SJPD investigator offered a conservative estimate of over 200 victims ... most of which would have been beyond the SOL, and those they could identify did not want to get involved. Very sad.)

End soapbox ...

 

[CdwJava]

We had a local PD officer use his city issued laptop to make inquiries about people (mainly local notables) and use that data to help buddy running for constable (an elective law enforcement officer that assists a JP). Both are now in a state run facility for convicted felons.

Texas law enforcement officials have been sued over releasing and misusing NCIC and DPS (Department of Public Safety) data.

In fact, I'm sure most states have had that kind of lawsuit.

A Houston PD officer was caught using NCIC inquiries to locate females that he eventually raped.

A State Trooper did the same thing.

Several sheriff's departments have had similar misuse of issues.

One "911" operator surreptitiously collected information and sold it to a repo firm.

Money can get many people to do stupid things.

This is a sad state of affairs in all states. I am an NCIC/CLETS instructor in CA and, unfortunately, I have no end of recent stories I can highlight when I present my courses each year. There are always people dumb enough to pull what they think is inconsequential info for money ... or love. (Some inmates and parolees enter into relationships with clerical staff at government agencies in order to get access to such info.) In fact, gangs are getting more and more sophisticated and often attempt to get family members or friends without criminal records into positions that allow them access to such sensitive information. Clerical positions are often subject to lesser pre-hiring background scrutiny than sworn officer positions and this is a hole in our system.

Hopefully the OP's friend is not going to engage in any unlawful activity.

 

[army judge]

I don't blame the kids.

They are truly innocent victims.

Some of these kids are infants, not even able to speak coherently.

I can't blame the families, either.

Heck, we had a police officer that was the adviser to the department's Explorer Post.

That creep raped four teenaged girls.

His heinous acts went unnoticed for almost 18 months.

One of the girls let it all slip one day to her grandmother.

That cat meowed and meowed when he got outta that filthy bag.

He even used his badge to obtain FREE hotel accommodations under the guise of going to official scouting events.

Then he'd serially rape the little girls.

I think he's bunking with Bubba and Sweet Sammy these days somewhere over near Gatesville.

I'm glad we can laugh and joke every now and then.

But, there's nothing funny about what some savages do to children.

 

[Floridamom]

No need to worry regarding my friend. He's very honorable. Now knowing that there would be an issue in him looking into person I know it wouldn't be something he would even consider.

I'm having a moral dilemma that has me very torn. I need to say that due to an anxiety disorder I get uncomfortable with most people that become people I see on a regular basis and start to talk to often. Especially if they seem to make any effort to be friendly/helpful. I know how crazy that sounds. I hate it but it is what it is. People that are like that... I look for skeletons in their closet.

This person works for a couple that I have dealings with and the unique nature of their business lends itself to a very casual atmosphere where everyone knows everyone. I even know this person's children and have fallen into knowing issues going on with them. I've spent time with his daughter while he was busy working. She's such a sweet girl and clearly thinks the world of her dad. She'd rather hang out at his work than hang out with her grandma. He's raising them alone because their mom passed on last year and I have seen him jumping through hoops and working weeks straight at brutal manual labor to keep things going. I've lived the life of being molested by family. I know the scripts to keep things looking normal. I know the body language. I don't feel that weirdness off of them.

I do know he lives in what us locals call Pedophile Alley. It's one of the few places that meets the requirements of locations the sex offenders can legally live. But then again a LOT of good folks that can't afford nicer locations live there too so that doesn't mean much.

I know I need to contact someone to be on the safe side but I hope I don't end up destroying a solid family.