Court: 4X Rapist Not A ‘Violent’ Perv

17 comments on this post so far. Add yours!

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  JeanieSpokane on February 12 at 8:22 a.m.

  I think once is violent. More than once is vicious, predatory, and a guarantee it will happen again. I think the decision makers should have their little intimate parts cut off along with the “nonviolent” repeat rapists.

• 

  Kibby on February 12 at 8:35 a.m.

  I’m with you Jeanie. What part of rape do they not understand? Psychologists & criminologists have long contended that rape is a crime of violence and control and not about the sex itself.

• 

  scootermom on February 12 at 9:14 a.m.

  The Court found the process used to designate someone as a VSP was infiirm. They didn’t conclude that the guy was harmless.

  Here’s what the Court said:

  “We begin by acknowledging the obvious: Smith’s history of violent deviant sexual behavior is such that the Board’s designation as a VSP may well be warranted. The important question presented by this appeal, however, is not whether he deserves that label. Rather, the question that is the focal point of this Court’s inquiry is whether the State of Idaho has labeled Smith as a VSP in a fashion that comports with his constitutional right to due process.

  The statutory scheme violates the offender’s procedural due process rights when he is denied meaningful notice and an opportunity to be heard before designation as a VSP.”

  The problem was that some of the evidence (psych. evals., etc.)used to determine that he was a VSP was not made available. In other words, the Board and the lower court relied on secret evidence that he had no opportunity to challenge. That’s a due process problem. It can be fixed. And hopefully, it will be fixed immediately so this guy can be classified appropriiately.

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  JamesBond on February 12 at 9:25 a.m.

  The Court held the statute unconstitutional. In this country, when the government goes about its business to punish you and take something away from you, it must give you what is known as “Due Process.” Due process requires notice of the charges against you, the information supporting those charges, and an opportunity to respond in a meaningful way. It’s not hard to comply with Due Process. Here, the statute actually prevents the defendant from having access to the very information that is the crux of the entire matter, which is a blatant violation of Due Process.

  In this case, the Court in no way ruled that this man is not a violent sexual predator. Moreover, he will continue to be listed as a “registered sex offender.”

  The fix in this case is quite simple. The Legislature can act by passing a constitutional statute that gives the defendant the right to see the information that is being used against him. If they do that, then this man can go through the process again and receive the label of “violent sex offender.”

  I would implore everyone to be careful about calling for punishment that violates the Constitution. It’s easy to do that with many criminals, whose acts enrage us. We must not allow emotions to drive us to toss out fundamental constitutional guarantees.

  By the way, he served his entire sentence. The Legislature could also increase the minimum and maximum sentences served by sexual offenders.

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  Escapee on February 12 at 12:32 p.m.

  Aren’t all rapes Violent?

• 

  scootermom on February 12 at 1:11 p.m.

  No. Not all “rapes” are violent. In Idaho, consensual sex with a female under the age of 18 is rape. Even if her partner is the same age.

  Sex that is not consensual is violent.

• 

  hhuseland on February 12 at 11:17 p.m.

  Along the lines of Scootermom, I have a gripe that has been bugging me for some time. It seems that once you are on the offenders list, there is not statute of limitations. While a man can commit a murder, and get out on parole, once he finihes his/her probation or parole, nothing more is said, unless the person re-offends..

  In my neck of the woods, and I do check out new arrivals that we have been warned about, most of those are not even close to being level three offenders. Most of the time, alcohol + a willing young lady + opportunity results in poor decisions The last three that hit the Bayview/athol area, were men in their fifties that were originally arrested and convicted of what is commonly called statutory rape, or even just putting your hand where it doesn’t belong.

  To make that even worse, most of these people that will be on these lists for the remainder of their lives, were convicted only once, and then back in the early eighties. a crime of passion. not forceable rape, after time served should not have to follow a person to their grave. No other crime allows that, why non-violent rape does is beyond me..

• 

  Bob on February 13 at 4:37 a.m.

  Herb typed, horrifyingly:

  “In my neck of the woods, and I do check out new arrivals that we have been warned about, most of those are not even close to being level three offenders. Most of the time, alcohol + a willing young lady + opportunity results in poor decisions The last three that hit the Bayview/athol area, were men in their fifties that were originally arrested and convicted of what is commonly called statutory rape, or even just putting your hand where it doesn’t belong.

  To make that even worse, most of these people that will be on these lists for the remainder of their lives, were convicted only once, and then back in the early eighties. a crime of passion. not forceable rape, after time served should not have to follow a person to their grave. No other crime allows that, why non-violent rape does is beyond me..”

  Herb, I’m not sure I’ve ever seen a post in here that bothered me more than this. I’ve seen plenty of nonsense by our latest crop of trolls and sadly mistaken bantam roosters crowing about the place, but what you typed is so full of cognitive distortions it could have been written by an actual sex offender.

  Don’t take me wrong, your attitude was once shared by a lot of men back in the day, but most halfway enlightened persons don’t believe that kind of silly excuse making for sex criminals.

  Couple of things, instead of listening to sex offenders spin their crimes into crimes of “passion” and trust me, men in their fifties having sex with young teenaged girls or pre-teens isn’t “passion” it’s “victimization.”

  You apparently don’t understand what consent means and that children under a certain age are, by law, deemed incapable of forming consent for sex. Or that what you might think is consent is only compliance. Compliance can be achieved many ways, threats, drugs, alcohol, fear, confusion, a child’s dependence on a parent, etc. It is NOT the same as consent.

  There are many highly prolific child molesters and child rapists who don’t use direct physical force but gain compliance through hosts of manipulative behaviors. They leave behind trails full of traumatized and damaged child victims.

  So, your depiction up there of “willing ” young ladies who some older male has gotten drunk as nothing much to get upset about concerns me. As does the whole minimization of child molestation or indecent liberties as putting one’s hand where it doesn’t belong. Herb would that include an adult male putting his hands inside the diaper of a one year old? Exactly what is your definition of putting your hands where they don’t belong?

  Herb, I like you and enjoy reading you most all of the time, we haven’t bickered in ages. But man, there’s some messed up thinking behind that post unless you were trying to be provocative and engage a discussion by using the minimization and rationalization thinking that fuels illegal sexual deviance.

  Somehow I don’t think that’s what you were doing. Please, until you get some education, don’t ever place yourself in the role of being some sort of formal or informal chaperon for one of these guys in Bayview. Read police reports of their crimes. Don’t believe what these guys tell you unless they are obviously taking full responsibility for their illegal behavior.

  Man, your post was better than coffee for waking me up this morning. Nothing like a big steaming mug of outrage.

  Anyway, I’ll return to my regular programming soon and quit being serious.

• 

  Bob on February 13 at 4:51 a.m.

  Sigh. I’m still upset.

  Herb, please don’t buy the bullcrap these guys shovel when you’re having beers with them. I’ve heard sex offenders describe how they were sexually seduced by infants and toddlers. How a 3 year old “wanted it.”

  Read the police reports. Read the court transcripts.

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