Victoria should be careful with sex offender rules
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Editor, the Advocate:
Our law firm has successfully sued the Texas Parole Board four times in the last two years over issues related to sex offenders released on parole.
We have won all four law suits, and actually won individual damages against the chairman of the Parole Board for due process violations of one of the parolees. We have won attorney fees in several cases. We have also obtained the actual innocence release and pardon for one convicted child sexual offender who, after 12 years in prison, we were able to prove did not commit the crime. He was awarded $600,000 in damages for the 12 years of his life that were wrongfully taken.
The Texas public does not understand that many sex offenders were convicted based on facts that in no way indicated they were predators nor into power and violent crimes such as rape. These are people who in most cases were just caught up in unfortunate circumstances, and have no prior or past illegal sex related events in their lives. To put these people in the same pot with predators and rapists should never even be considered.
In fact, predatory offenders and serial sex offenders should never get out of prison in the first place. The others are rarely ever a threat to anyone. Overall, the recidivist rate for sex offenders in Texas is extremely lower than the average crime.
Currently there are three major sex offender civil rights cases pending at the U.S. 5th Circuit Court of Appeals in New Orleans. Your city taking any action regarding residency or anything else that discriminates against those with a sex conviction may want to wait to see the outcome of these cases before they put their city in legal harm's way by passing some stupid residency limitation against sex offenders.
Bill Habern, Huntsville
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Ktfootball, the reason you don't see much on here by people whose children have been molested is that the great majority of those molestations were done by fathers/brothers/cousins/uncles/community leaders/church workers/trusted friends, neighbors, co-workers, people who were never on a sex offense registry. Do you know how rare "stranger" molestation is when it comes to children? Please do some research; start with www.txvoices.com. Google the subject, but be sure you are reading articles that are backed up with research and are published by reputable sources and not just people ranting about what they believe to be true. The greatest number of people on the registries are those who have never molested a child or raped a woman, those who are not a danger or threat to the community. While you are doing research, you will find that, even with those who have committed some form of sexual offense, the chances of them re-offending is the lowest of any other crime. Good luck to you.
October 31, 2009 at 10:21 a.m.ktfootball- how funny can you also give me the wining lotto numbers? because what i see here is that you know the future!!And also please let me know when did GOD quite his jod and passed it down to you? because with what "Power or Authority" do you have to pass judgement to this person for something that he has not done yet after his release? but i will pray that when your judgement comes, that my Lord God do not pass the same judgement that you have passed on to this person....
October 30, 2009 at 1:04 p.m.please open your bible to MATT:7:1-5
IT IS TOLD BY GOD HIMSELF!! (STOP JUDGEING OTHERS AND YOU WILL NOT BE JUDGED.FOR OTHERS WILL TREAT YOU AS YOU TREAT THEM. WHAT EVER MEASURE YOU USE TO JUDGE OTHERS, IT WILL BE USED TO MEASURE HOW YOU ARE JUDGED. AND WHY WORRY ABOUT A SPECK IN YOUR FRIENDS EYE WHEN YOU HAVE A LOG IN YOUR OWN?
HOW CAN YOU THINK OF SAYING. LET ME HELP YOU GET RID OF THAT SPECK IN YOUR EYE? WHEN YOU CAN SEE PASS THE LOG IN YOUR OWN EYE? HYPOCRITE!! FIRST GET RID OF THE LOG IN YOUR OWN EYE. THEN PERHAPS YOU WILL SEE WELL ENOUGH TO DEAL WITH THE SPECK IN YOUR FRIENDS EYE!!!!now i dont know about you but im a GOD fearing woman and if this is what makes my GOD happy with me this this is the way i'll judge
because GOD IS ABOVE ALL!! and his LAW STANDS!!
Wow kt, I WAS ALWAYS TAUGHT THAT WITH God anything is possible, but now you are telling us that there are some things God is not able to do if a person will let him. hmmmm, I just don't know
October 30, 2009 at 12:16 p.m.justamom, sicko petifiles don't get cured. He molested kids before prison and he will do it again. There is NO HELP for him. Some situations are different. The one I am talking about is dangerous to Victoria.
October 30, 2009 at 11:55 a.m.this is for KTFOOTBALL i read your comment and well im a law Abiding Citizen and honestly are you for real? WHO CARES WHAT HE DID NOT DO IN PRISON!!!
October 30, 2009 at 6:22 a.m.IT'S WHAT HE DOES OUT HERE THAT WE THE PEOPLE CARE ABOUT!! HELLO IS ANY ONE HOMW!! and yes im a MEMBER OF TX voices!!AND I BELIEVE ITS TIME FOR A CHANGE BECAUSE THE PAST CANT NEVER BE CHANGED BUT THEY CAN CONTROL THERE FURTURE IF WE GIVE THEM A HALF FIGHTING CHANCE TO PROVE THEM SELFS.....
I am a mother of 3. I was sexually abused as a child. There was a time I felt every registered sex offender should have a neon sign flashing in the front yard. I had no idea what was going on in Texas until someone I care about ended up a registered sex offender.
One of my daughter's friends, at age 17, had sex with a girl he believed to be 2 weeks from her 16th birthday (not a crime if there is no more than a 3 year age difference.) She lied; she was about to turn 14. Age difference = 3 yrs & 9 months. The authorities found out and my daughter's friend was prosecuted by the STATE of TEXAS. I've spoken with the girl's family and they did not support the State's decision to prosecute this boy. They knew their daughter had been sneaking out at night, behaving promiscuously, and seeking out older boys. Even the authorities knew this! Shortly after my daughter's friend was arrested, a 27 year old was arrested for having sex with the same girl. At that point, the girl's myspace claimed she was 20. And, she looked 20 with her bleached blond hair, makeup, revealing clothing, and big chest.
This boy's risk level on the registry is listed as "high." This is based on his age, the fact he isn't married and several other meaningless factors.
I've researched several hundred sex offender files and I am disgusted to find grown men who have molested kids and have a lower risk level than my daughter's friend simply because they are older, married, have worked at the same job for x number of years, etc.
The public is being duped and lives are being ruined. Ktfootball is proof of what the average person believes to be true about those listed on the registry and the information given to us by the Dept of PUBLIC SAFETY.
Thank you Attorneys Habern, Oneal, and Pawgan for your work and for your sacrifices. I had to chuckle when I read Kevin's comment about "another lawyer making money..." If he only knew the truth.
jan fewell
October 29, 2009 at 2:16 p.m.Kevin, I am with you. The pervert that I know that just recently got out of jail refused any treatment while he was incarcerated. He is labeled HIGH RISK by the DPS. These are the people that we don't need to defend.
October 29, 2009 at 11:54 a.m.Thank you for caring enough to make a difference!
October 29, 2009 at 7:19 a.m.Mister Habern...Please do something about this. I have been stating for years that it is unfair that I have paid for my crime over and over and each year they place more PUNITIVE restrictions on me when the constitution clearly states in the Ex Post Facto clause that NO further punitive actions can be imposed once a person has served his sentence. Why are people just noticing this? Why aren't all of these offenders who are getting trampled by the system suing for infringement of Civil rights until we can get some semblance of a life back! I am so angry! I was never dangerous, and have never reoffended in 10 years, nor would I ever! Why would you put someone into society, take taxes from them but refuse to recognize them as a citizen, and instead treat them like the lowest form of life? Is this fair? Is it constitutional? AND most of all, HOW DO YOU EXPECT SOMEONE TO BE LAWFUL WHEN YOU GIVE THEM ABSOLUTELY NO CHOICES. This is just mindboggling. Please do something, Mr. Habern. Please make people aware of just what a living hell this is. Help us.
October 28, 2009 at 11:58 p.m.justa mom that great. my daughter was also Molested at the age 5. she know 29 and work for the sheriff department. My son was lied from a girl tell him that she was 18 and was 14. she had sex with 2guy that night only my got charge because she had his baby. Mr Habern I wish i had u for his lawyer
October 28, 2009 at 9:59 p.m.Just a mom I hope you are a member of TX voices. Your story is powerful
October 28, 2009 at 9:06 p.m.Just a mom, I agree that it is wrong to characterize an abused child as "ruined." People say that all the time. "He ruined that child's life." Sexual abuse is a terrible crime, which should be severely punished, but children can and do recover from all types of abuse. There are many examples if we care to look. Oprah is a survivor. I'd say she's doing okay.
October 28, 2009 at 8:34 p.m.this is for the one that said that little children never recover well sir im 38yrs and i was a Rape and Molested and sir i stand today as a strong woman and not the scared victim you try to make us look like and its sad to say that your not the only one that thinks that way. But i love life to day and i beleive that not all Situations are the same.
October 28, 2009 at 8:24 p.m.my son was lied to from this girl about her age and when he broke up with her she said she would get even and she did......but im not mad at her im mad at her upbringing......so yes open your book and read the story you just might see that it is soooo diffrent then the front cover....
OMG I THINK MY GRANDPA IS A SEX OFFENDER. He married my grandmother when she was 14 and he was 26. I am sure they had sex before they got married. NEWSFLASH MY MOTHER ALSO MAY BE A SEX OFFENDER. She was 18, my dad was 16. Please don't tell the cops, she is 72 now and should not go to prison for giving birth to me. WOW, I THINK MY HUSBAND IS AN OFFENDER TOO. He is 8 years older than I am. There will be noone left in may family if the news gets wind of this.
October 28, 2009 at 8:17 p.m.As we together fight unjust laws, let us not tire when it gets hard or walk away when it seems impossible, or scream when idiots speak nonsence. Thank you Bill and txvoices.com for trying to set the scales right. WE ARE WITH YOU.
October 28, 2009 at 7:54 p.m.A very recent 10 year study in CA indicates the recividism rate is between 2.5% and 3.5% and that vagary can be accounted for by treatment during imprisonment and for a time after release. Those figures were monitored for 10 years or better and the participants in the study were followed for that length of time. After 10 years it falls even more.
October 28, 2009 at 7:49 p.m.Conventional wisdom is described as the repetition of an assumption frequently enough tends to suggest the assumption is truth. Conventional wisdom is false. Too many are too ready to believe in those false hoods perpetrated by others with an agenda of their own, not related to any degree of accuracy.
Is there any of us, that at age 17, did something stupid that we not only regret, but would never do again? Look at all the research about the undeveloped teenage brain....
October 28, 2009 at 7:43 p.m.Also understand, a "reoffend" can be a mistaken-identy arrest and release.....the 'arrest' will count as a 'reoffend'.
This is how they get those recidivism-rate numbers up to frighten the public into thinking we need more laws.
Gee...all 'registered sex offenders' in a 5 mile radius of the Florida Girl have been cleared....
Let's say one of those, fit the profile, and was temporarly arrested and then released? He would now be a reoffender!
How is that a fair and just system?
Thanks Mr.Habern.Just wish there were more like you.
October 28, 2009 at 7:19 p.m.We are all in agreement that children must be protected. The disagreement is in how that is best accomplished. Residency restrictions on sex offenders do not protect children. A 2007 Department of Corrections Minnesota Study concluded that residential proximity to schools or parks did not affect recidivism. Rather offenders were more likely to reoffend outside of their neighborhood where they would not be recognized.
October 28, 2009 at 6:17 p.m.In a discussion of recidivism, it is important to note that while some sex offenders do reoffend, they have the lowest rate of recidivism of any type of offense as stated in the U. S. Department of Justice Study of 2003. Sex offenders reoffended at a rate of 5.3%. Those offenders who were child molesters reoffended at a rate of 3.3%. Other types of crimes had a recidivism rate of around 75%. It is a myth that sex offenders are highly likely to reoffend.
Furthermore, there are unintended consequences of residency restrictions. While many think that all sex offenders are pedophiles and rapists, that is another myth. The vast majority pose no threat to our communities. States report that only a small percentage of sex offenders are dangerous. In 2007 Vermont considered less than 1% of the sex offenders in the state dangerous. Thousands and thousands of registered sex offenders in Texas never touched a child or forced a woman. Many are teens or young adults who either consensually touched or chatted online with a slightly too young girlfriend. Others are juveniles caught in doctor play. Some are young people pulling a prank, such as streaking or texting a nude photo to a friend. Any residency restrictions affect not just pedophiles but those whose youthful indiscretions are no worse than those of most adults in their youth.
Another unintended consequence of residency restrictions is the effect on the families of sex offenders. Because a father many years ago when he was 19 consensually touched his 16-year-old girlfriend, his children will be forced to leave their homes and schools, and his wife will be forced to leave her home and job. Why disrupt these lives unnecessarily?
So what is the answer to protecting our children? Common sense laws based on facts are important. Even more important is an educated community. Parents must first educate themselves and then their children. Because 90% of child victims were molested by someone they know, highlighting the idea of stranger danger over the much more likely danger of a friend or relative is counterproductive. No law is as effective as an aware parent and community.
Here, here! Well done, Mr. Habern. My family and I are proud to have someone like you fighting for those of us who have been ripped to shreds by retroactive laws that continuously punish men who made harmless teenage boy mistakes and suffer for them for the remainder of their years.
October 28, 2009 at 6:05 p.m.Mr. Habern, you have my fullest support. Thank you so much for all you do and for having people understanding a violent sex offender and a non violent sex offender. Manny
October 28, 2009 at 6:04 p.m.Kevin, It's okay to be confused...you show a proclivity for it.
I am speaking of first time offenders of many so called sexual crimes, Pedophiles are a different kind of sex-offender and are attracted to pre-puberty children , (to make it simple for you, ones with no hair ) I am speaking of the ones Boyfriend / Girlfriend, Older women with younger teenage boyfriends, or older men with younger girlfriends. Not about a predator or child rapist. Are Americans aware that a VERY large number of Registered Sex Offenders have never touched or raped anyone, let alone a child? But guilt by association on the Sex Offender Registry labels them all as a “pervert” a “pedophile” and a “predator” for life.Please Kevin do some real research and then speak the truth, not the myth!
October 28, 2009 at 5:56 p.m.Mr. Habern is a wise man. The Kentucky Supreme Court has already called residency restriction "punitive and not regulatory" and would not let them apply to any offenders convicted before the law was passed. So only new offenders will be included in its stricter residency requirements and that will be fought also. Why do people think they are safe from predators simply because they know where sex offenders live? If someone wants to molest a child in a school, park or other recreation area, they can certainly drive or walk there. The only safety comes in vigilence on the parents' part. A good idea would be to really find out the truth about what is considered a sex crime these days so that you can inform your own sons and daughters. Otherwise you may be faced to deal with the reality in TX about sex offenders and find yourself visiting your son in Huntsville because he had a chat with a willing -but underage- participant. Just seeing a name on a list does not mean that you know why it's there.
October 28, 2009 at 5:23 p.m.Kevin, please sir, I ask that you do some research into the subject before you make sweeping generalizations that are not borne out by fact. Texas Voices is an excellent resource, but you should also access government sites that offer statistics in the areas that you address. They are available for individual states and at the federal level. It is always best to speak from a position of knowledge rather than ignorance; knowledge, after all, is power. I wish you luck, sir, in your endeavor.
October 28, 2009 at 5:18 p.m.The Dept. of Justice proves that sex offenders are one of the two lowest re-offender rates in the country -- the only other is accidental murder. Kevin, get your facts straight and stop listening to the media. I used to think EXACTLY that way but no more. I've learned exactly what is going on. The states make $$ from every sex offender they convict - whether they are guilty of a heinous crime or a simple misdemeanor type of crime like online chat or kissing their "bit too young" girlfriend when in fact they are older teens or in the young 20's. 3.5% is the re-offense rate - so that other 96.5% NEVER re-offend. Mr. Habern is right, keep the violent scary offenders in jail and leave the rest to live out their lives - they didn't deserve such punishment. (and no I'm not a sex offender)
Do the research, learn the facts - they're going to surprise you just like they surprised me. I no longer "fear" the dreaded "sex offender" because I've met too many that are the nicest people I've ever met who made ONE mistake and are paying dearly for it. Go Mr. Habern, continue to sue sue sue because what they are doing is unconstitutional and if they do place residency restrictions, yep, sue again because it's been proven ineffective, more dangerous for everyone and counterproductive in more than one state. (and lawsuits have been won because of residency restrictions)
October 28, 2009 at 5:17 p.m.Kevin, are you a sex offender treatment provider who is motivated by greed to spread your myths regarding recidivism rates and sex offenders? OR, are you a prosecutor who by nature of the law, enjoys prosecuting teenagers who have consensual sex with another teenager because it makes you look "tough on crime." Or, are you just ignorant?
October 28, 2009 at 5:16 p.m.it happens read some of the stories (that are all public record) on txvoices.com you'd be amazed at the things that can get you into trouble for the rest of you lives.
October 28, 2009 at 4:57 p.m."The fact is that most sex offenders that are released from prison do reoffend. as a matter of fact sex offenders of children are never really cured no matter how much treatment."
October 28, 2009 at 4:37 p.m.This is the most un-informed, ridiculous comment I have ever heard! I almost want to laugh at the stupidity that plaques most un-educated folks concerning people who are labeled "sex offender". My suggestion to all who are quick to pass judgement and participate in the "sex offender" hysteria: Please be careful- what goes around comes around and you or your loved one could be next!
Kevin,
Are you speaking from your own research? Or is it coming from your own troubled past? Or maybe someone said so at some bar, so it must be true? Whatever your situation may be, you couldn't be further off the mark.
October 28, 2009 at 4:34 p.m.That comment was false. The fact is that most sex offenders that are released from prison do reoffend. as a matter of fact sex offenders of children are never really cured no matter how much treatment. Just another lawyer making money suing on behalf of criminals and taking advantage of the system!
October 28, 2009 at 4:16 p.m.Check the facts regarding the sex offender registry. Go to www.txvoices.com. Sex offenders on the registry are not all the same and only a small percentage pose any significant risk of sexual recidivism. According to research on this website and from other resources, residency restriction is NOT an effective method of protecting anyone. It is a cost to the taxpayers with no safety benefit at all. Know the truth, do not assume and base your opinion on myths. Again check the facts!
October 28, 2009 at 10:54 a.m.