Being labeled a “sex offender” is not a punishment?
An interesting case was filed in Massachusetts, where a man sued a background check company for incorrectly labeling him as a sex offender.
The man, who was single and used dating sites to meet woman, was one day kicked off a couple of popular dating sites. When he dug into the reason, he discovered that Backgroundchecks.com incorrectly flagged him as a registered sex offender. Two sites that used the service to screen users, Plenty of Fish and OK Cupid, banned his accounts.
As it turns out, the man is not required to register anywhere. He just has a similar name to someone on the opposite side of the country who does. But, apparently, you don’t need to be a registrant, be married to or a child of one, employ one or simply be friends with one to suffer consequences, now being misidentified as one is also grounds for punishment because the dating sites refused to restore his account.
The Plaintiff claimed that as a result of him being erroneously flagged as a “sex offender” he “was understandably distraught at the thought that his online and/or offline reputation would thus be permanently befouled. Plaintiff suffered embarrassment, anxiety, sleeplessness, emotional pain, and mental anguish. ”
Now being registered as a “sex offender” is not supposed to be a punishment, right? It’s merely supposed to be a status. The fact that it comes with a boatload of punitive consequences somehow (in the mind of lawmakers) doesn’t change its effect, right? If that is true, this person should not have a claim. However, if his lawsuit is allowed to proceed to to the point he collects punitive damages, it sure looks like even being mislabeled as a registrant has some pretty strong punitive effects.
Ultimately the lawsuit hinged on the Fair Credit Reporting Act and will have no impact on the registry, it’s just very interesting to read the facts of the case and note yet another situation where something claimed to be “not punishment” has such devastating effects on someone.
If he succeeds it will still be an arrow in our quiver.
Well, even if it’s not considered punishment, it would still be considered “slander” to call him a sex offender when he has never been convicted of a sex crime or listed on any Registry. Whereas, with our convictions, it wouldn’t be considered slander for us. 🤷🏻♂️ Besides, he just got his named mixed into a “civil regulatory scheme”, right?
(No big deal.
What’s he crying about? 🤷🏻♂️
Wait ’till he loses a job or can’t find housing or he gets funny looks at church. 😒🙄)
Maybe he would like to become an advocate once his lawsuit is done. While I wouldn’t wish it, I Wonderware if he’d lost his job, or housing, or the DMV labeled his driver’s license or best yet sheriff’s office shows up at the front door.
This is certainly a case to follow. I hope he gets paid very well, even though no payment amount will ever make him whole because being labeled or mislabeled as a sex offender is the worst label anyone in our society can carry.
Not True…
Being labeled anything you are not is called libel. Being labeled a sexual offender is a label used nearly a 100 years ago to label sexual deviates accused and convicted of heinous sex related crimes. Being labeled a sexual offender or predator is Society’s way of saying beware of the monsters among us even though the politicians making up these crazy laws are worse monsters. Murderers, rapists, bad cops are 1000 times worse than any non violent labeled sex offender.
Once again on a dating site.To point out how do anyone get to meet if on adult site then all of a sudden someone gets label officers use these sites. Government needs to stop how many more people are going to be label but yet you have government official that have victims and slap on the wrist Just like the other day high powerful man was seen rubbing a child arm should etc in public nothing if that would of been a regular person would of been arrested and label for life.
Here’s a thought; If one is misidentified, mislabeled, mistakenly added to “The List” then by all intents and purposes that person is concerned to have been punished without cause considering the negative effects of “The List”, however, if a person meets any or all the requirements of being placed on “The List”, that person is not considered to have been punished by the negative consequences of “The List”.
Got it. Thank you sir, may I have another?
You only have to be attached to a Registered Individual to be labeled as a miscreant. My Mom died a few months ago and I was named as Personal Represrntative. Florida Statute says I am disqualified. My attorney asked the court to name my wife the pers rep and the court said yes, but opposing counsel wants 50k bond.
No problem. My wife applied and sent along the court order as required.
An assistant to the insurance saw the order and that I was disqualified and went snooping.
My wife has no rap sheet anywhere, but she may not get the bond because she is married to me.
I can see how this guy was caught up in this. Plenty of Karen’s out there!
NotPleased, sorry to learn of your mother’s passing. I recently contacted an estate attorney in Florida for a similar matter. I specifically asked if I could be the personal representative as nominated even with being designed a SO. The lawyer told me that would not be a problem.
https://reason.com/2017/07/20/pennsylvania-supreme-court-recognizes-se/
Thought I would share this with you guys
Great sharing, Tereto! One would think this is good persuasive precedent for us here in Florida.
True Confessions
Its not only a punishment, its being banished from Society! Registrants are being treated as if they have all been permanently imprisoned with a life sentence even though you have been released from the courts.
I’m going on nearly 30 years of the harshest Florida Registry.
Even with Adjudication Withheld in my case and no felony record, I have been accused of being a abuser of children and worse. My case had nothing to do with that.
In my case its a “Prison without Conviction”
So the word punishment is laughable as your whole life in paranoid and violent America is turned upside down and ruined by overzealous politicians and a Society that’s totally misinformed. JEV