The absurdity of inflexible sex offender laws
A couple of months ago, the hot topic here in Florida was emergency preparedness during a hurricane. With a category 4 storm approaching, Florida sex offenders who were homeless or in evacuation zones were scrambling to find shelter – only to discover that they were banned from most County shelters.
We argued the absurdity of certain sex offender laws during periods of natural disasters or declared states of emergency. What sense does it make to enforce a buffer zone around schools during times when they are closed because of a hurricane? Polk County and Broward County expressly barred sex offenders from their emergency shelters. They would rather see a person risk their lives in the elements than offer shelter!
And that is inflexibility in the face of a potential emergency. But what about an actual emergency?
I thought I’d seen it all until I read this story out of Illinois titled, “Sex Offender Charged with Entering a School Zone in Plainfield“. Based on the title, one would think the charges arose out of something nefarious, but as I read the first sentence of the article, I had to question the motives of the writer and the Plainfield Police. It begins, “A registered sex offender was charged with entering a school zone after he sought medical attention Oct. 25 at Plainfield East High School.”
Seeking medical attention?
“According to a Plainfield Police Department news release, Sullivan approached a Plainfield East faculty member in the parking lot asking for assistance for a medical problem…Sullivan then entered the school building and was met by other faculty members who called an ambulance. He then was taken to a local hospital.”
Even though the article confirms he did not have any contact with students and he did, in fact, have a medical emergency, he was charged for violating the school buffer zone and his bond was set at $100,000. He remains at the Will County Detention Facility.
How absurd and inflexible are these sex offender laws, where someone suffering a medical or other life threatening emergency cannot seek help at the nearest available facility? From the images on google earth, the neighboring land to the high school are all farms. Was he supposed to keep walking until someone came to him or he died?
Both scary and sad!
It is clearly evident that he acted without any criminal intent to break the law. That is his defense and his basis to sue them once he is cleared for unjust prosecution. The state has to prove “Mens rea”. Is there anyway to get this knowledge to this guy so that he can defend himself?
I’m so glad this man survived his medical issue but this also sounds like the perfect case to challenge these idiotic laws. If the surrounding area is as you described I can’t see how anyone could rule against him. After all isn’t self preservation first and foremost of all human conditions
Most Sex Offender Laws are “strict liability”, meaning you don’t have to have the mens rea (criminal intent) to be convicted – just the actus rea (act).
For example, sleeping with someone who is 17 gets you a conviction, even if you thought she was 19 and she showed you an ID.
Similarly, there’s no “intent” element to most of the sex offender restrictions. He could have has his tire blow out and swerved into the parking lot and been convicted (as if that illustration was any different than a medical emergency).