Harper v. Glass – Order and Impact
There is much to rejoice about with this order, but unfortunately this order addresses only the reporting requirements of those who have the label of sexual offender forced upon them, NOT SEXUAL PREDATORS.
It is a bitter sweet victory for some, myself included, as my family member was deemed to be a sexual predator when his only true label was that of having frontotemporal dementia. Florida statutes do not allow for dementia to be considered.
Those of us with someone in our family who has been labeled as a predator do celebrate with “offenders” and their families over this small victory. For who hath despised the day of small things? Over time, these small victories can and will blossom into one huge victory.
Earlier this year, I was set free from the oppressive regime called the sex offender registry as I no longer had to take care of all registry requirements for my family member who had no idea what his offense was, no idea what the registry was, and no idea what the statutes said—a once brilliant man who had very few brain cells left functioning correctly.
I no longer have my home address listed on the registry nor my car and tag number—a car that my husband was incapable of driving. I no longer wake up at 4 am in the morning with the most horrible, gripping fear that I could possibly have forgotten something that would cause my husband to be arrested. I no longer wake up panicking with the thought that I might not have taken him to re-registration and having to quickly look at the documentation showing that I had indeed taken him.
With this new-found freedom, I could walk away from everything, but I have chosen to remain in this fight as long as God gives me the health and strength to do so. I continue with all of you in the fight to remove all people, who do not sexually re-offend, from this oppressive sex offender/predator regime.
To those labeled harshly as a sexual predator, the victory is going to come some day when you too will be able to share the victories found in Harper v. Glass.
Sarah
Congratulations Florida. At least something is getting done in this double standard called the sex registry.
You are truly honoring the memory of your loved one.
Thank you Sarah!!!
For SP’s*, this is also a win, because it establishes precedent. Harper is what Janice would call a Rosa Parks Plaintiff. Harper has paved the way for others.
The question of whether SP’s may register intrastate travel online simply hasn’t come before the court, has it? Yet the court’s reasoning wrt SO’s is persuasive, and really I see nothing in the ruling (or, according to the ruling, even the statute!) that would prevent FDLE from giving SP’s the same online access if they want to.
*Referring to all those mislabeled by Florida statute as sexual predators.
Jacob, that’s correct. The question of whether the requirement to register intrastate travel under 30 days in person is unconstitutional as applied to sexual predators was not before the court. Courts don’t have jurisdiction to strike down laws that are not being challenged before them, so this court could not have invalidated the parallel reporting provision as it is found in F.S. 775.21. Only a person who could benefit from such a ruling would have standing to challenge it. So, we will see…
The real proof that legislators don’t care about protecting children but only continuing to punish people they don’t like is that there is empirical evidence that calling someone a “sexual predator” increases their risk of reoffending, especially if the risk was low to start with. Treating low-risk individuals like high-risk individuals makes them act like high-risk individuals. This is why sex offender advisory boards in multiple states have recommended no longer using the label “predator.” If the people in power really wanted to prevent the victimization of children, they would pass laws that decrease rather than increase the risk of recidivism.
I still don’t under what exactly has changed? What is there to celebrate? I dont get it?
The change only applies to address reporting requirements and procedures. -How did you get out of the registry in Florida?
I thought that there were more issues in the pleadings. No real relief or Due Process in Florida!
My question is out of state travel. If I am going to be gone 12 to 13 days but never any place longer than 3 nights, IE arrive Friday afternoon and leave Sunday morning do I have to report that still? if a temp residence is 3 or more days with arrival date not counting than would I be good?