Rep. John Atkins Takes A Tough Stand On Sex Offenders
Jan 1st, 2010 by thatsElbert
This is a reprint of a letter from State Representative John Atkins (D-41st) sent to Judson Bennett. Rep. Atkins proposes making Delaware the toughest state on sexual offenders. This is reprinted as it was received.
Proposed Legislation for Sexual Offenders
Background
a.. Recently, there has been a lot in the news about child sex offenders and their victims.
a.. Dr. Earl Bradley at BayBees in Lewes may have molested up to 100 children in a 10 year period.
b.. Dover sex offender charged with molesting a 7 year old.
c.. Sarah Foxwell’s body was found Christmas Day not far from the Delaware border.
b.. These stories are very tragic, and as a State Representative, I want to ensure that all children in Delaware are safe from sex offenders.
c.. Ultimately, I would like Delaware to be the toughest state in the nation on high-risk, repeat sex offenders.
d.. I am currently drafting several pieces of legislation that will affect high-risk, repeat sex offenders and will make Delaware a safer place for all of us.a.. Proposed Legislation
b.. All high-risk, repeat sex offenders should receive truth in sentencing when serving time for a sexual offense.
a.. If a sexual offender is giving 20 years for molesting a child, that person should serve 20 years of jail time, not 8 or 9.
b.. Any sexual offender who is convicted of a second sexual offense will be served a mandatory life sentence.
c.. We need zero-tolerance sentencing for child molesters and other sex offenders.
c.. For all high-risk, repeat sex offenders, their driver’s license (or state ID) will be stamped with the words “sex offender.”
a.. This tool will allow law enforcement officers to better protect the public from repeat offenders.
b.. For example, a police officer in a routine traffic stop will remember a license stamped with “sex offender” and that memory may come in
handy if a child is hurt or kidnapped from the area.
c.. Also, in places with large crowds like the state fair or a busy park, law enforcement officers do not have access to a computer. A stamped driver’s license will alert the officer to the presence of a high-risk, repeat sex offender.
d.. For all high-risk, repeat sex offenders, a special license plate to be designed by the Department of Motor Vehicle that must be registered and displayed on the offender’s vehicle.
a.. For too long child sex predators have been stalking our children, it’s now time we know where they are.
b.. An easy identifiable license plate will not only be a red flag for parents, but we can teach young children to avoid these vehicles and drivers at all cost.a.. Wisconsin, Ohio, and Alabama have considered legislation requiring sexual offenders to have special license plates on their car denoting their sexual offender status.
a.. All high-risk, repeat sex offenders must register all Internet domain and chat room names with the authorities.
a.. Law enforcement officers can then monitor those domain and chat room names to ensure that the sex offender is not committing another crime through the Internet.
b.. Failure to register domain and chat room names would result in [fine? imprisonment?]
b.. Before leaving prison, all male, high-risk, repeat sex offenders that are older than 21 and have targeted a child younger than 12 would be chemically castrated.
a.. Castration may prevent these sex offenders from harming more children.
b.. For the liberal groups that will claim that this is cruel and unusual punishment; I say so is the rape and victimization of our young children. It is my job to see that children have a safe environment.
c.. Ten states have enacted or are considering enacting similar legislation. Louisiana enacted this legislation in June of 2008 and Europe is also debating this concept.
c.. It will be an additional penalty for a sexual offender to provide a cell phone to his or hers victim without the victim’s parental consent.
a.. Sexual offenders that target pre-teen and teenage girls often hook their victim by giving the girl a cell phone.
b.. There is no reason why a child should have a cell phone given to them by a non-family member that the child’s parents know nothing about.Miscellaneous
a.. Sexual offenders, especially those involved in child molestation, often have a high recidivism rate, and are never rehabilitated. Their sex
crimes often escalate to include murder.
b.. Sex offenders often target children under 2 years of age because they can’t talk very well, making it less likely for the offender to be caught.
c.. Lawmakers must stand up for kids who are victims of sexual offences because we have the power to protect them.”Representative John C. Atkins
41st District – Delaware House of Representatives
A couple of thoughts:
Right now you can go on the state’s web site and get a list of offenders in your neighborhood and beyond. Designing a special license plate for a sexual offender might be over the top, although a license plate would make them stand out wherever they are and in whatever state they travel. In addition, there’s a chance that the car he/she drives might not be owned by the offender. The offender may be on the insurance policy only.
I’ve read somewhere that castration doesn’t remove the urge to harm.
Thoughts?
About time. I have been advocating stronger laws for years. In my world 25 years for the first offense against a child 11 or yonger and life without parole the second time.
Every study ive seen, it reduces the urge to re-offend by over 75%
Execution reduces it by 100%.
Your point about the licence plate thing being ineffective is spot on. I subscribed to the Sex Offender updates because of my role in our neighborhood watch program. I have yet to see a sex offender with a vehicle listed in their name on the updates. Either it is impractical for them to own a car, or they are smart enought to put the car they in someone elses name that has a clean record.
your nuts if you think the 3000 sex offenders in our state, and not one of their names is not on the vehicle registration.
I didn’t say that, I only said that of the ones I have recieved email notifications for, none of them have a vehicle registered in their name. The licence plate thing would have a very limited effect because a rather limited number of sex offenders have vehicles registered in their name.
I would not be surprised it it were less than half of the registered sex offenders that had licensed automobiles. If they required the special license plate then the number of owners would plunge.
Here’s a question that popped in my mind this afternoon. What are the existing laws on the books regarding sex offenders? Are they being enforced properly? If any of these ideas were turned into law, would they be repeating what is already on the books?
Remember all sex offenders are not equal. The term is used way too broadly. Out of the 3000 only a fraction are a threat and even fewer to children. Someone who was guilty of offensive touching or indecent exposure should not be treated like a rapist. In our current system, a girl who sends her naked picture to the wrong person is treated the same as someone who rapes women and children. Atkins is proposing that we proritize our resources.
“Sex offenders” is a term used way too broadly. A strengthening of the laws should also include a clarification of the term.
Atkins is facing reelection, and he is striking now before his opponent announces. It’s obvious since he press released a draft of a bill because of the timeliness of it.
The whoring out to the electorate has begun. Election season is upon us.
Gee Brian, wonder if the R’s are guilty also when they send out press releases?
Youre not only a m***n, but also a ****!RSC357, I think your name-calling was harsh. The first sentence was enough. Being that Brian is involved in the Libertarian Party, I don’t think he’s taking up for D’s or R’s.
Elbert, I dont know or really care what party he belongs to.
A. Catcart and friends proposing new laws and press releases for the state psychiatric center= good.
B. Cathcart and Copeland and friends crying out for prison health care reform through press releases= good.
C. Atkins trying to do something stop the brutal and violent rape of our children with a press release= bad.
Do you see a pattern here? Lets be honest, is it really the press release or the fact that he is a democrat that bothers Brian? For him to make such a statement that people dont care about these ongoin, everyday sex crimes (either a D or a R) is pathetic!
We don’t need personal attacks. Thanks.
I will agree that a public official’s job is to get public support for ideas that he/she thinks will improve our lives. One way to do that is through the press. It is called doing his job. The man has children. He cares about this subject regardless of its political implications.
I think Brian’s point was that issuing this release which directly mentioned the incident seemed to exploit the timing of it. The legislature is not in session for a couple of weeks. Unlike the examples that you mentioned, it is not possible to hold hearings currently. I think that your point is valid (not the partisan angle–I have never seen Brian spend a lot of time praising Republicans either; I think that you are making the same type of motivational assumption that he did about Rep. Atkins.) that he is doing his job. He is trying to seize the attention of this tradgedy before it is forgotten to make real changes before we have another one.
Carry on, minus the name calling.
agreed
You praise this man yet he himself was pulled over given a breath test and blew .14, (which is over the legal limit) yet he was let go. Further, there were allegations of domestic abuse. He is the devil saving his own a** and you all bow at his feet.
wow – I’m not sure anyone here is “bowing at his feet” but regardless of who he is, the ACT was probably the right thing to do. The rest of it is while disturbing (and completely par for the course here in Delaware) is immaterial to this particular case.
@Evan Q
You state, “the ACT was PROBABLY the right thing to do.” (emphasis added). May i suggest you research the issue before offering an opinion. Many lives, not just those of the offender, but innocents such as their children, wives and parents are all being affected by such laws. If you would like the most recent research (the real ones, conducted by folks such as the NJ Dept. of Corrections) please post and i will be happy to oblige. After years of looking at the data my opinion is empahitically that the “ACT” nor presents laws work or will ever work.
@Evan Q (addendum)
Therefore, it is material, as data shows present laws do not work (which the “act” is more of the same). He is merely trying to save himself by handing citizens a false sense of security. Once again, if you would like the research please let me know.
Stop it. Rep. Atkins own wife has consistently mantained there was no domestic abuse. She was never harmed nor struck. The allegation was that he made her “uncomfortable” when he touched her during an agrument. There was no injury, threat, or anything else. That does not make him ” a domestic abuser”. There were also allegations of her doing the same. The truth is Rep. Atkins was a jerk for calling the police on his wife. That got turned around on him. He paid druken decision for that with his office, his reputation, and public ridicule. He almost blew it permanently by lying afterward. We get that. The voters believe that he learned his lesson. It is over. Now tell me what an offensive touching incident has to do with protecting children from predators. Focus. I understand that you don’t like him, but that has nothing to do with the issue.
Statistically, we know what works. Keeping them out of the public once we find them. Why would you oppose that?
Dave, I see the lunatics from RSOL (REFORM SEX OFFENDER LAWS) have found our blog. This is a group of convicted sex offenders that target lawmakers or anyone else that want to toughen sex offender registry through legislation. They do this through harrassing phone calls and emails. They believe all sex offender laws should be repealed because they say they are unconstsitutional. Check out there website for yourself.
Also check out http://www.absolutezerounited.blogspot.com
Be careful
There memebers are affiliated with NAMBLA
Correction. the website I posted is the online website that fights them.
The website for RSOL is
http://www.reformsexoffenderlaws.org
@Dave Anderson
You say, “Statistically, we know what works.” I would venture a guess that you dont even know the statistics. If you desire to educate yourself i suggest that you take a look at the report that the New Jersey Department of Corrections released in December 2008. Oddly enough, in their “Executive Summary”, they stated “Megan’s Law showed no demonstratable affect in reducing sexual recidivism.” So Dave, if you are refering to present sex-offender laws as “what works”, you are sadly mistaken. http://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf
@lock em up
Your entire comment is based on the allegation that im associated with RSOL, which i didnt even know existed. You have maliciously attempted to demean me with such. The difference between you and i is that i speak facts and you speak fantasy.
I talk about locking people up and you talk about Megan’s law. Is there some disconnect? You know as well as I do that this type of crime drops when mandatory sentencing is applied. In fact mandatory sentencing worked so well here, that legislators tried it everywhere and over did it. This works because there are so few people who do this relative to the population. They should be segregated from the general population for a couple of decades and rehabiltated. If that does not work, keep them away for life,(or execute them) No third chances.
Tell me how that would not reduce the incidents. Show me how that does not work when so many of the crimes are by repeat offenders. Give me the stats that you keep banding about. The drop in crime in the nineties was documented by the US DOJ and credited to stricter sentencing. Where are your sources?
WOW – New Jersey has done such a wonderful job with their corrections system that I’m just DYING to see THEIR best practices. *rolls eyes*
I say we need to review the laws because like David said, all the crimes we know as sexually based offenses are not the same. Huge difference between offensive touching and rape. We need to determine which of these crimes can be identified as gateway crimes and beging the process of rehabilitation BEFORE they snatch a 6 yr old off the street corner.
@Dave Anderson
Nice to see we agree on something, 2nd offense we’ll see ya at your funeral. However Atkins’ proposal calls for chemical castration. This will not protect our children. There has been much research on what triggers are involved in sexual offenses and it is not testosterone. If you desire, Professor Chrysanthi Leon, Assoc Proffessor of Sociology and Criminal Justice at UD has this to say about the “ACT”.
http://www.delawareonline.com/article/20100118/OPINION07/1180304/1004/OPINION
I’m not saying that something should’nt be done, but it is my belief, based on much research, that the present system does not work. Since 1993, which is the data that i have found, there are approx. 33,000 sexual offenses comitted per year, of that approx 3,000 are reoffenses. Now im not sure how many of those are perpetrated against a child, but the point is this. 30,000 new offenses as oppossed to 3,000 re-offenses. Which is the bigger problem here? The fact of the matter is, that the vast majority of offenses against children are perpetrated by a family member or someone known by the victim. Not by a registered sex-offender. How about we take a look at Indiana, the state with the lowest reoffense rate, and implement laws similar to theirs. I’ll tell you why we dont do it, which i my original point, you have a criminal that wants to save his job. This is an election year you know and what better way to keep your job than proposing a bill that hits right at the heart of citizens. The only thing is, IT WONT WORK. What we need to do is educate ourselves and force our legislators to implement what works. Which is not what is occuring. We are relying on the media and poloticians to tell us what works.