ID: Case brought to challenge laws outlawing anal and oral sex.
The legal challenge involves an anonymous man who was convicted in another state under a law outlawing oral or anal sex. Lawyers for the man say he performed oral sex on his wife more than 20 years ago. In Idaho, that crime requires registration as a sex offender for life.
The ACLU of Idaho represents the man.
Too many questions here. HOW did anyone know he and his wife did this private deed? Were they in a public place? Did they post it on a porn site? Did the wife divorce him and later say that was against her will???
How, exactly, would law enforcement have become privy to such an ambiguous act as an oral encounter with his wife? Even worse….why is that a crime, besides the persecution of LGBTQ.
Meanwhile:
https://www.google.com/amp/s/www.foxnews.com/us/california-sheriffs-deputy-sentenced-to-jail-for-having-sex-with-teen-boy.amp
This female deputy got just 6 months in jail for having sex with a child. I got 10 years in prison for pictures of females without the feds proving their ages. This is outrageous!
My son was sentenced for “online solicitation of a minor.” after responding to a police entrapment series of online chats.
He took a plea, not willing to risk a 20-40 year sentence -the then current average sentence being handed out by juries.
He was sentenced by a judge to 9 years in TDC [now known as TDC[J] but there is no justice in that place. Plus he now has to register for life.
A week or so later, the same female judge sentenced a woman who had a six-month-long affair with her 13 yo next door neighbor to probation + a requirement to register.
Frogs are green, but life is not fair.
It often also depends on the judge. I had a hanging judge. I sat in on another case that was 100 times worse than mine. I got 25 years, that guy got 11 years probation and he had 12 victims that they knew of, one was only 11 years old.
I did go back on a modification of sentence after serving 10 years of the 25 and got an appeals judge to toss the remaining 15 years.
It also helped that my Probation officer was not a jerk. She was tough but always fair and gave you a chance to explain any issues before passing judgement.
One time she called and said she was at my house and where was I . I was at Disney with a friend and told her so. WOW she went completely ballistic. She said to report to her office the next day. I got my head chewed off and my reply was show me anywhere in the rules that I could not go to the theme parks and she replied I should know better???
Anyway she let it slide and I waited to return to theme parks once I was off probation. Ironically, we are now banned from ALL theme parks in central Florida now if we have a sex offense even if you did all your time.
I was able to get around that for a while by buying a one day pass somewhere else. Now you have to make a reservation in advance to get into theme parks so they know who you are long before you arrive. Don’t know a way around that one LOL
It is ok for me though since I no longer have the money to spend $120 for a one day theme park I have been to a million times anyway.
So no more disney at all now? Not even a day pass? Anyone confirm?
JM
According to wftv.com, Walt Disney World has been cracking down on keeping sex offenders out of their parks. The site’s investigative reporter spent six months reviewing trespass reports from the Orange County Sheriff’s Office and found that over 75 warnings had been issued to registered sex offenders since August 2012. The reporter was able to interview 20 of these individuals who were asked to leave the Disney parks, sometimes for good. One of the sex offenders named Mike agreed for his interview to be released as long as his identity was kept a secret. He said he was told by Disney, “We don’t want you at our park.” He and his wife had season tickets and when he tried to obtain his pass, he was pulled aside and issued a trespass warning from the Sheriff’s Office stating he was “never allowed on any Disney property again.”
The reports list the people as “registered sex offender,” “on the sexual offender list,” or state the problem as “conduct not welcome” or “behaviors not meeting Walt Disney’s standards.” Because Disney is a private company, they are allowed to check guests’ names and run them through the sex offender databases, removing those whose names show up. A statement from Disney read, “While we do not share specific details of our security procedures, we are constantly strengthening our efforts so we can promote a safe environment for all our guests.”
NOW you have to make a reservation EVEN to enter the park for ALL guest. THEN you have to show ID and then you are trespassed for life
I applaud you for not believing me or the news so call them yourself.
Can I assume that if you are a drug dealer, thief, drunk driver, etc, you would be welcomed on Disney property?
The answer (I am just guessing) is yes because they admitted they are using the registry to reference sexual offense. Since there are no other registries (I heard there was murder registry but not public) they rely on that to discriminate and eliminate.
Basically, Disney creating their OWN registry, of those blacklisted. Having said that, we have NOT done anything wrong on their property. Just like the registry, they want to try and prevent future crimes we “MAY” commit. PUNISHMENT.
How did you get a federal charge without them proving ages I’m all ears here.
Dram, prosecutors bring specious charges all the time. It is part of how they intimidate defendants into taking a plea. They will then offer to reduce the charges, and potential penalties, in order to strong arm a plea. Most (97% for the feds) will fold under that pressure rather than roll the dice by going to trial.
Sex offenses in particular are almost a sure win at trial where definitive proof means less than emotional appeal. I took a federal plea–life vs 9 years–for two charges. In prison, I wrote a 2255 motion proving that what I did regarding the charge carrying the life sentence was not a crime and was vacated. Too bad, so sad. Prosecutors don’t suffer from bogus charging. They can’t even be sued as they enjoy “absolute immunity” as opposed to police who have only “qualified immunity.”
Our criminal justice system is not broken. It’s fixed.
Veritas
ED C
I use to be a cop and the same police department I worked at arrested me ( I was not working there are time of arrest so did not make the news thank God.
However, I felt stupid for falling for their pressure to confess to things I didn’t do. ( And some that I did ). When I asked for a lawyer ( on 3 different occasions ) they threatened me with going to the news. No one wants that so I confessed to crap I didn’t do. If they had kept me there longer I might have confessed to being DB Cooper and knowing where Jimmy Hoffa was buried.
My point is, I do not feel so stupid now that I folded under pressure hearing from others who were also railroaded into giving a confession when you have the right to remain silent.
There should be a notation. “YOU can remain silent but will pay dearly if you do”. The old adage ” You are dammed if you do and dammed if you don’t” applies here.
I plead guilty to avoid the victim having to be embarrassed for having made up a story. A good bit of my life was behind me but her life was ahead of her. I believe I made the right decision. We have now become close friends. I come from the ‘school’ that says you don’t bilge a shipmate or a family member. Law enforcement is frequently sticking its nose where it does not belong.
Capt
So then, why can’t she as an adult go back to the court and explain she was just a child and didn’t know better and wants to retract her statements? They would fully exonerate you and she should not face any legal issues since she was a child?
I understand the whole ” I don’t want to open old wounds” but worth a try.
On mine, I, by pleading guilty keep the willing participant out of the court and we never saw each other again. I would have been ok with that charge because it is what it is. But when the lying detective added on charges for a so called victim I never touched, that one I wish I had fought harder against. I guess at the time I was so broken and what my family went through, I had no more fight in me.
I did go back on 3 appeals and after 2 judges and serving 10 years got a judge to toss my legal but absurd sentence of 25 years. before my arrest I didn’t even have so much as a traffic ticket.
Now I feel like Rocky, ready to go after the bastards. The problem of course is money. Before I found out about FAC, I could have been one of those who ruined the FAC challenge because a lawyer reviewed my case and wanted to use me as the registry challenge. But who has $50,000 to gamble. And even if it was a sure win, I spent twice than in legal fees and appeals the first go around and 29 years later still feeling the financial blowback.
On a side note he said in Florida you could not be anonymous so ironic I am seeing cases like Doe vs XXXXX.
My daughter and I are doing fine. The toughest part of my repayment to society is over so there is no sense in upsetting our reconstituted family. Going back would not solve any problems. The Bible tells us that a man who puts his hand to the plow and looks back is not worthy of the kingdom of Heaven.
When I read that someone had been convicted of cartoon CP my mind went straight to a courtroom scenario of the prosecution and defense arguing over the cartoons age.
The absurdity reminded me of the scopes monkey trial and whether prime for absurdity cases should be gathered and taken to trial with vested moneys in defense simply for Cinematic value.
After 29 years in the Navy I thought I had heard all the BS I could experience. Then I started getting requests from politicians for donations and a whole new world of BS opened up. Now a man and wife are being condemned over what they do in the bedroom…over 20 years ago. This is a whole new world of BS. When will it ever stop?
That is total Bull S*$& sorry, but what a husband wife do behind closed doors is their business. It’s not like they got caught in a flipping corn-field. My goodness the laws are ridiculous and totally absurd.
William B,
It shouldn’t matter if people got caught doing the “do” in a corn field or any other outdoor/public place. That’s not the reason for the sex offender registry to begin with.
Perhaps the people who kicked off this Schindler’s list (Patty Wetterling and the Kanka family) should have only pushed for it to be about child abductions and kidnappings and not so much about sex. I dunno, just something that came to mind because how did we go from the idea of protecting children from “stranger danger” to “you’re a threat to the safety of the public for giving your romantic partner oral sex in the backseat of a car” ….????
How did we go from “We want to know who the convicted child molesters are” to “You had a consensual relationship with a post pubescent teenager? You’re a threat to the safety of the public!!!” (???)
The sex offender registry has lost it’s meaning along with the words “racist” and “pedophile”.
Maestro
DAMN, you should be on a jury and tell a judge that during a sex offense trial for someone who got busted for making out with their spouse/ GF in a car and the cops busts them.
You are so right. We did go from protecting children to hiring 1000’s of special officers who do nothing all day but do compliance checks on people who haven’t been on probation since Moses lead the people to the promise land.
Jack, come on now. You are talking about cutting into their job security. How cruel!!
Capt.
Not just jobs but untold millions in Federal funding to states to support, enact, enforce, create, promote and modify the registries.
If the registry Nazi’s get their way (and they 99% of the time do) we are all headed for National registry camps where we will have to live out our remaining days. No one can laugh and say that is an exaggeration because if you look back to 1997 when the registries were first coming out to now, it is at least 90% more restrictive in nature.
And with each new add on or modification, it is again retroactively applied to the point you cannot even walk off your own property without violating a non punishment law, rule or ordinance.
NOT a single one of us is asking for special treatment, rather to be released from the ex post facto application of this so called Non punishment scarlet letter we carry.
Perhaps the next thing they will try and do is have us be the test dummies for the mark of the beast? That is when I will just say “Go ahead and shoot me”
No 666 for me.
Ever wonder why the political parties are so concerned about the selection of judges? The law no longer matters. It’s political leanings and personal opinions that set the standards for today’s “justice”. One day we will all be judged and the judge will use one set of standards. There’s going to be some “good” people is serious trouble.
Jesus – i haven’t even had my coffee yet!! If they keep this up i’m going to have to put a Nanny filter on my computer. LOL.
Government filling the loopholes of what Mosas ignored on the 10 commandments lmfao.
A sentence in the article caught my attention:
“Being on the public sex offender registry dictates where a person can live and what jobs they can hold.”
If only that was all it dicktates! Someone should educate this reporter, and the ACLU of Idaho, apparently, on vigilantism, shaming, discrimination against family members, etc. ad nausem.
JZ
We need to make a thorough list of what we cannot do
Theme parks, City and county parks, Be within a 1000 feet of a school ( or whatever each places ordinances are that no one can keep up with ). No Halloween, No going to your kids / grandkids school play, Not able to find a job, housing, being fired as a patient by your doctor ( happened to me ) having a notification on your drivers license, some with stickers on their bumpers and yard signs, being on the registry for life, not being able to to vote, not being able to travel or so restricted it is not worth it. Not allowed on most if not all social media. Having our passports marked and flagged. Not being able to date or make friends. Being a target of threats and vandalism. Having to report all of our internet sites and screen names. having cops show up at our houses even though not on probation. Getting “Special” treatment when/ if pulled over by law enforcement. Not being able to go to a shelter during a hurricane or emergency. I can go on but that should be enough to show that the registry is to help us and not harm us or act as punishment since EVERYONE else in the U.S not on the registry has to do all that stuff as well. Oh wait, no they don’t Hummmmm. Judges, gets some cojones and follow the constitution and give us back our freedoms we were supposed to be guaranteed, at the very least once we have served our sentences. What would Jesus do? Oh right, He would forgive us and not mention our past again.
CJ, your brief list alone should convince the average person that the registry is nothing but punishment and vindictiveness. Since the government can’t outright kill us, yet, they want to drive us into suicide by making our lives not worth living.