All Sex Offenders are Child Molesters... Right?

Much controversy exists regarding how personsof such limitations have no justification in the
become labeled a sex offender. (Rebecca VanSupreme Court's First Amendment precedents."The
Drunen, Confederation College,"Outcast Society: ACourt further stated, "The protection of our children
Closer Look at North American Sexual Offenders inagainst sexual abuse and predatory pedophiles is of
the Twenty-First Century", May 5th, 2006). Mostextraordinary importance. We do not question that
Americans believe that the registry lists convictedstrong federal laws are needed, but they must pass
child molesters when in actuality, many offendersconstitutional muster. ... Congress may not 'burn the
listed on the Registries have been convicted ofhouse to roast the pig.'" (Carl Jones "Porn Law Goes
poor-behavior-choice offenses, which involve noToo Far", Daily Business Review, April 10, 2006). Civil
victim and no physical contact. An example of suchrights advocates find this an important ruling regarding
would include online talk with an undercover policefree speech but also, the ruling serves as a signal to
officer posing as an underage minor. Teenagerselected officials that law enforcement cannot be
involved in a consensual sexual relationship, known asgranted carte blanche to overstep the inherent rights
"Romeo and Juliet" relationships, with the male orgranted to American citizens by the U.S.
female partner considered underage in the eyes ofConstitution.The Civil Rights of Nonoffending Family
the law, are also listed as sex offenders on theMembersAdvocates indicate that the civil rights of
nation's registries. ("Groups Propose Tier System Forconvicted family members and their nonoffending
Sex Registry" Internet Broadcasting Systems andfamily members is forever effected, long after the
Local6.com, May2006).Most charged persons lackpunishment has ended. Internet publication of sex
adequate funding for a legal defense to fight suchoffenders home addresses continues to be upheld by
charges. The result is a plea bargain, which in somethe court in the name of public safety, although April
states, is followed by automatic sexual-offender2006 vigilante type murders in Maine have brought
registration regardless of judical discretion, such asnew concerns to misue of the registry and to the
decreed by Florida Statute 943.0436. This means thesafety of nonoffending family members. Missouri civil
power of a judge to impose a fair and just sentencerights attorney Arthur Benson currently waits decision
for first time offenders has been legislatively-andfrom the Missouri Supreme Court regarding the Sex
quite effectively-been removed from legal dueOffenders Registration Act SORA Litigation, Jane
process. Registration is for life or 20 years, whateverDoe I, et al. v. Thomas Phillips et al. which "contends
comes first, and permeates every aspect of thethe act violates substantive due process rights and
registrant's life. Advocates believe politicians have runequal protection rights because it infringes on
unchecked with this issue, due to guaranteed pressfundamental liberty rights, imposes a lifetime stigma,
coverage, easy votes and the guarantee of federalhas no express purpose and, even if it serves a
funding for law enforcement with the passage ofcompelling interest, is not narrowly tailored or
one new sex offender law annually. (Sharon Wilson,rationally related to that interest. They assert that, if
"Sex Offenders: The Other Side", Orlando Sentinel, 10the act is deemed to be criminal in nature, it violates
23/2005). An overhaul of the nation's registriesthe prohibition against ex post facto laws because it
through the incorporation of a tier level system isimposes an additional punishment, thereby altering the
advocated as a method which would allow the publicconsequences for a crime for which they already
to more accurately determine the true risk of ahave been sentenced." (Arthur A. Benson II, Jane
registered offender living in their neighborhood whileDoe I, et al. v. Thomas Phillips et alCase No. SC86573,
allowing law enforcement to better quality superviseMay 2006).( New McCarthyism?Many feel the
those persons considered truly dangerous not only toblacklisting of sex offenders is reminciscent of the
children but also, to women and the elderly.RecentMcCarthy era during the nation's anti-communist
Court RulingsRecently, the 11th Circuit Courthysteria. From the moment in a 1950 speech when
unanimously struck down part of a federal lawSenator Joseph McCarthy waved his infamous (and
prohibiting the offering or advertising of materialnever-identified) "list of 205 communists working in
presented as child pornography, saying the provisionsthe State Department," the senator exploited the
were too broad and vague. (April 2006). The casecountry's Cold War paranoia, relentlessly pursuing
U.S. v. Michael Williams 04-15128 challenged the 1996those he deemed communist sympathizers.Edward R.
Child Pornography Prevention Act, which CongressMurrow, American journalist, took on McCarthy
expanded the definition of child pornography again tothrough a series of television news broadcasts which
include "any material or purported material in aeventually led to the censure of the Senator. Murrow
manner that reflects the belief, or that is intended toindicated in his famous October 15, 1958, "Wires and
cause another to believe" that the material containsLights" speech, "There is a great and perhaps
illegal child pornography. The 11th Circuit Court citeddecisive battle to be fought against ignorance,
that "advances in photographic and computer imagingintolerance and indifference."It is our duty to question
made it possible to produce and distribute childauthority, because without scrutiny, authority remains
pornography without employing actual children."unchecked and corrupt.Sharon Wilson is a free lance
Although the Court "recognized that Congress has awriter and member of SOhopeful International. Her
compelling interest in protecting children and, to thatpersonal quest is to educate the American public of
end, may regulate in interstate commerce settingsthe grand scheme created by politicans known as
the distribution or solicitation of the materials. ..."The Sexual Offender". It ain't pretty! Ms. Wilson
However, the pandering provision goes much fartherrants and raves via her political blog, Smashed Frog,
than that. The provision abridges the freedom toGet Smashed! Join the online discussion regarding the
engage in a substantial amount of lawful speech ...absurdities of government.
and the reasons the Government offers in support