WHAT CAN AND SHOULD WE DO TO PROTECT OUR CHILDREN FROM THE THREAT OF RECIVIDIST PEDOPHILES?
As a result of the horrific events unfolding over this Christmas holiday regarding young Sarah Foxwell I have been inundated with calls, E-mails and comments asking what can we do to protect our children.
I, like everyone else who hears the details of this child awaiting to open her Christmas presents and finding herself the victim of a warped, depraved pervert, am seething with anger.
Why, was this man let loose on society if he had been convicted of raping a child in 2002? How could he be on two State’s Sexual Predators lists and still be able to associate with children?
The first thing I started hearing from folks was a call for longer sentences for pedophiles. I am not sure this is the problem. It does not matter if we have a 25 year sentence or a 100 year sentence if the prosecutor is only asking for 15 years and the judge is only sentencing pedophiles to 5 years. Obviously, if prosecutors are asking for the max and the judge is giving the max then we need to legislate longer sentences.
I prefiled a bill over a month ago (HB-24) which will prohibit concurrent sentences for Child Sexual Offenses by a prosecutor. (ie if you molest multiple children the plea bargain can not allow the plea to be for concurrent sentences) The judge would be able to give a concurrent sentencebut the prosecutor could not make it part of the plea.
Part of the problem, according to Prosecutors, is some children are too young, afraid or unable to assist in the prosecution and if the ability to plea bargain is taken away, Prosecutors claim, they will not be able to get convictions in many cases.
Perhaps we need the judge to make a finding on the record that in fact she or her finds it is the case that the child is too young or unwilling to testify before a plea bargain can be accepted.
I have heard from parents who tell me they were never even consulted before a plea involving their children was made. This has to be prevented, entering a plea-bargain just to get a conviction, which you would not otherwise get, needs to be the rare exception and not the norm. I will work on tweaking this abuse of the use of plea bargains but I do not want to jeopardize the ability of prosecutors to be able to put away those who would otherwise walk away. I am sure there are many aggressive prosecutors who can assist the legislature in drafting a bill that will still allow the prosecutor the necessary room in which to operate effectively.
Another complaint I am hearing is about judges who are too lenient.
The group known as ”MADD” (Mother’s against drunk drivers) who watches what happens with drunk drivers and reports to the public is a good example of one way to address those judges who are too lenient with sentencing pedophiles. We need a group that notifies the public of which prosecutors and judges are allowing these predators to walk amongst our children.
I have put in a bill each year for the last few years to allow cameras in the court rooms so we could hold judges accountable and it is opposed by the judiciary each year. I don’t know why we can have camera’s invading our privacy everywhere in society so the tapes can later be played in court but the courts do not want the public to have access to seeing a recording of what happens in their halls of justice.
Some have suggested we set up “civil incarceration” camps where those who have finished their criminal sentences can then be housed for the rest of their lives or at least until they are no longer deemed a threat to society.
As a civil libertarian, I have a problem with setting up “civil incarceration” camps and would prefer to keep pedophiles locked up under a criminal setting. Additionally,once you open the door for civil incarceration, who’s next for these “civil” incarceration camps? In Annapolis, we often refer to these types of actions as “slippery slopes”.
Most of the experts who come before our committee tell us that pedophiles are incorrigible, that they can not be rehabilitated. If that is the case, then we need to do what we can to keep them away from our children as long as possible. One idea is to eliminate the good time credits which can take a 25 year sentence down to a 17 year sentence. The argument that the good time credits are needed to control the behavior of prisoners.
First, deprivation of benefits such as recreation, tv, association with others etc. can all be used as behavior modification techniques.
Second, most pedophiles are not behavioral problems in prison because they just want to get out so they can molest again. A sentence of 25 years should mean 25 years.
As part of any sentence, in addition to being listed on the Sexual Offenders website, the convicted pedophiles should be subject to tracking through the use of latest technologies, such as GPS. Parole and Probation Officers would be able to either see live time where a pedophile is located or to track where they have been throughout the day or week.
I hear talk of wanting to use chemical castration to stop pedophiles from attacking children but I am told by the experts that while actual or chemical castration may prevent the actual sex act, it will not prevent pedophiles from attacking children because it is an act of aggression and not necessarily a sexual act. There are also concerns that a mandatory castration, chemical or otherwise, may violate the 8th amendment prohibition against cruel and unusual punishment. In answer to this concern, some suggest make the castration alternative a voluntary option which prisoners can choose as an alternative to longer incarceration. (A sort of good time credit for castration participation)
Another idea I floated a few years ago was to designate one prison in the State as the sexual predator’s prison. We would not have to build a new prison just pick one and move everyone out who is not a sexual predator and move everyone else who is a sexual predator incarcerated elsewhere in the State into that Prison. That way if there is any such thing as rehabilitation we could focus all our resources in one location at much less expense. Why have a psychiatrist who works with pedophiles traveling around the State when they could be located at one facility and everyone from the janitors to the Warden could be working together trying to rehabilitate the prison population. It would also be less likely that the State would prematurely release a sexual predator into society if they were located at one site.
The bill did not pass, but perhaps it is time that we look at that idea once again.
Last month I prefiled two bills dealing with sexual predators (the bills are here and here) and have since filed a request for a bill making it a Capital offense to be responsible for the death of a minor as a result of or in conjunction with a sexual offense being committed against the minor.
I know there have been calls for the death penalty and I hope there is DNA evidence found during the autopsy that will make the crime subject to Capital punishment. I do not believe there has been a confession because the reports have been that the suspect has been uncooperative. We will have to wait and see if the evidence is available to fit the strict limitations of the current death penalty law in Maryland.
If you have any ideas of what we can do to further protect our children please share them with me on this website and or call your legislators and ask them to help out. I will publish and discuss the ideas my readers share and hopefully be able to incorporate some or all into next session’s legislation.
For now, our prayers and thoughts will be with the family of Sarah Foxwell.
I support making the death penalty mandatory for first-time child molesters that are unquestionably guilty of sexual intercourse or sexual penetration, provided that the victim has not yet reached his or her thirteenth birthday, and the defendant is twenty-one years of age or older. Currently, in Delaware and Maryland, the harshest sentence for this kind of crime is life imprisonment, which is simply not harsh enough considering the nature of the crime.
“Most of the experts who come before our committee tell us that pedophiles are incorrigible, that they can not be rehabilitated.” Response: most financial experts failed to see the credit bubble and the current recession. You need to consult experts who know what they’re talking about. I know validated cases of completely rehabilitated pedophiles. What you’re saying is equivalent to saying that all heterosexuals should be locked up and the key thrown away because a handful are rapists.
“First, deprivation of benefits such as recreation, tv, association with others etc. can all be used as behavior modification techniques.” Wrong and extremely naive. Socialization, not deprivation, is the tool that successfully bring social outcasts into society to the point of changing their behavior and outlook.
“Second, most pedophiles are not behavioral problems in prison because they just want to get out so they can molest again.” Most pedophiles are not behavioral problems in prison because they do not have a classic criminal mentality.
Here are some suggestions that actually can make a difference:
First – provide resources that pedophiles can go to and get help before they offend. Market these resources aggressively like AA and others are now marketed. Do not make it a stigma to seek help.
Second – repeal reporting requirements that hound pedophiles, make them feel marginalized, and drive them underground. These requirements only cause offenses, they do not solve them. Specifically, stop violating patient-client rights.
Third – educate the public that there are a high variety of different types of pedophiles, some of whom are highly able to be rehabilitated. Some are able to change their orientations while others learn effective avoidance strageties and develop deep support networks.
Fourth – challenge those who maintain political careers by playing on people’s fears and prejudices.
Zaphod, If you know of any recognized experts who say that pedophiles can be rehabilitated please write back and tell me their name, the prestigious institution they are affiliated with and the name of the program which has been found to be effective in rehabilitating pedophiles. I will gladly review any such information you provide. Your statement that what I have been told by experts who come before the judiciary committee that pedophiles are incorrigible is analogous to saying that all heterosexuals should be locked up and the key thrown away because of a handful are rapists is a non sequitur. The correct analogy would be that all rapist should be locked up if they act upon their urges to rape. It is the act, not the sexual persuasion that is to be punished.
Talk about naive! Your argument that socialization is the tool that will successfully bring social outcasts into society to the point of changing their behavior is totally naive!
The context of my discussion of the use of deprivation of benefits was in answer to the question of whether the prison system had to offer “good time credits” to convicted pedophiles as a means of controlling the population while in prison. I suggested that was a weak argument for releasing pedophiles sentenced to a 25 year sentence early, that in fact, deprivation of benefits would serve the purpose of controlling their behavior while they are behind bars. I have toured prison and I can tell you socializing convicted pedophiles in prison will do little to change their behavior but may change their outlook as to whether they wish to be cooperative while in prison.
What psychological or criminal philosophy are you referring to as the basis for your statement that “Pedophiles…..do not have a classic criminal mentality”.
In what world is raping a child not a classic criminal mentality?
I will agree with you on the points of making assistance available to help pedophiles from acting on their perversions. I also understand that some efforts are counter productive such as overly restrictive living prohibitions. Where imposed it has driven the pedophiles underground and clustered them at cheap hotels on the outskirts of town. As far as patient -client rights being violated, we already allow professionals to violate the right if a patient states an intent to do harm to another individual. In weighing the cost benefit analysis I believe the protection of a child from a predator is of a higher social value than protecting the confidentiality rights of a sexual predator, especially when there is an indication that they will offend.
As for your suggestion that we educate the public that there are different varieties of pedophiles some of whom are highly able to be rehabilitated. Again, I have not seen the evidence that this is true and I welcome you to provide it to our committee when we meet in Annapolis this next Session.
I assume your last statement that people should challenge those who maintain political careers by playing on people’s fears and prejudices, is a shot at me? In the first place it appears you failed to even read my Article or you would have seen that I tried to address many of the misperceptions that were out there. Such as the suggestion that we can just impose civil incarceration and keep everyone locked up once their criminal sentences are over. I explained why this is a bad idea and that we need to keep criminals locked up within the criminal system. I also addressed why castration may not be appropriate.
I spent the last two months working with the children and families who were victims of a serial pedophile. I know the pain those children are going through and how the whole family is affected by these acts. I do not consider trying to see that it happens all less frequently and that when it does the criminal pervert is put away as long as possible, as playing on fears and prejudice. If you don’t like my positions, don’t vote for me and support someone who agrees with you. I don’t decide what positions I am going to take based on whether they are popular I decide based on what is in the best interest of the law abiding constituents I represent.
Addressing your points. Note that I am in no way supporting or justifying the actions of the rapist and murderer who sparked your blog post in the first place. You widened the discussion through generic use of the term “pedophile,” so my responses are to the wider discussion.
> Zaphod, If you know of any recognized experts who say that pedophiles can be rehabilitated please write back and tell me their name, the prestigious institution they are affiliated with and the name of the program which has been found to be effective in rehabilitating pedophiles.
What I know of locally experience:
1. Kathryn Thomas; Johns Hopkins University; private practice in Baltimore. You can engage her in what you will find to be a really useful discussion. I will try to provide contact info in a separate e-mail.
2. The late James Olson; University of Maryland Medical School; clinic at University Hospital. Check their records for the 1990′s before they were administratively interfered with. Their success rate was VERY high. They worked hand in hand with the parole and probation system.
3. Dr. Fred Berlin; Johns Hopkins University; clinic in Baltimore.
> I will gladly review any such information you provide.
Please do; you owe it to the community to start to cut through the ignorance that’s out there.
> Your statement that what I have been told by experts who come before the judiciary committee that pedophiles are incorrigible is analogous to saying that all heterosexuals should be locked up and the key thrown away because of a handful are rapists is a non sequitur. The correct analogy would be that all rapist should be locked up if they act upon their urges to rape. It is the act, not the sexual persuasion that is to be punished.
A pedophile is someone with a sexual interest in children. A heterosexual is someone with a sexual interest in the opposite sex. Some pedophiles act out as rapists. Some non-pedophile heterosexuals act out as rapists. The analogy is on the mark.
> Talk about naive! Your argument that socialization is the tool that will successfully bring social outcasts into society to the point of changing their behavior is totally naive!
Well, it totally worked in my case. I was poorly socialized and had a number of issues. After the proper treatment, much of which was about socialization, I can tell you that I am a completely law-abiding, productive member of society, highly respected in my areas of work. Relatives and close friends can verify that easily and with certainty. I have done a heck of a lot more good in my life than harm – a LOT more. I was fortunate to have found the right therapist. Because of the lack of research and effective treatment, most clinicians are the wrong therapist, so why should good results be expected?
The context of my discussion of the use of deprivation of benefits was in answer to the question of whether the prison system had to offer “good time credits” to convicted pedophiles as a means of controlling the population while in prison. I suggested that was a weak argument for releasing pedophiles sentenced to a 25 year sentence early, that in fact, deprivation of benefits would serve the purpose of controlling their behavior while they are behind bars. I have toured prison and I can tell you socializing convicted pedophiles in prison will do little to change their behavior but may change their outlook as to whether they wish to be cooperative while in prison.
> What psychological or criminal philosophy are you referring to as the basis for your statement that “Pedophiles…..do not have a classic criminal mentality”.
People who have pedophilia are not looking for angles to scam people, break into their houses, shoot bystanders, or rip off merchadise from their local drug store. They don’t think like other types of criminals. That is why their behavior in prison is good, not because they just can’t wait to get out and reoffend.
> In what world is raping a child not a classic criminal mentality?
Raping is, as it’s an act of aggression. In our world, a fourth degree sexual offense is not the result of a classic criminal mentality. Suppose a 23 year old female has an encounter with a 17 and a half year old male. Under our law, that is a “child sexual offense.” Do you think the 23 year old female has a classic criminal mentality?
> In weighing the cost benefit analysis I believe the protection of a child from a predator is of a higher social value than protecting the confidentiality rights of a sexual predator.
MANY more children are killed by drunken drivers than pedophiles. Should we make known alcoholics wear armbands that say, “I’m a drunk”?
> … I welcome you to provide it to our committee when we meet in Annapolis this next Session.
Well, I ain’t coming to your committee, because (1) I ain’t identifying myself in order to satisfy your constituents who call me an animal and want me dead because of something that happened 30 years ago, and (2) the committee members would just call me not credible anyway, and (3) legislators know how to play on irrational fears to get re-elected, so they have no stake in listening.
> I assume your last statement that people should challenge those who maintain political careers by playing on people’s fears and prejudices, is a shot at me?
Not necessarily. You seem to be surprising thoughtful on the subject, given the overall level of disinformation in our society.
> In the first place it appears you failed to even read my Article or you would have seen that I tried to address many of the misperceptions that were out there. Such as the suggestion that we can just impose civil incarceration and keep everyone locked up once their criminal sentences are over. I explained why this is a bad idea and that we need to keep criminals locked up within the criminal system.
Yeah, lock ‘em up and throw away the key.
> I also addressed why castration may not be appropriate.
> I spent the last two months working with the children and families who were victims of a serial pedophile. I know the pain those children are going through and how the whole family is affected by these acts.
In the context of decision-making, a huge generalization. Rhetorical questions: how old are these children? 4? 17? How aggressive were the acts? Is the pain related directly to the acts themselves, or more highly related to social stigmas due to our society’s view of sex, or by the trauma many children are subject to by the system? And add in: how much outreach did the serial pedophile receive from potential help systems prior to his acting out? I’d bet none.
> If you don’t like my positions, don’t vote for me and support someone who agrees with you.
Or try to begin to educate you. But your statement indicates that your positions are fixed.
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Dear Zaohod
I thank you for providing the information on those you say have methods to rehabilitate pedophiles. I will ask the experts who come before our committee next session for responses on their work and ideas after I have had an opportunity to review them. The idea is to protect our children and I am sure any proven methods will be welcomed.
Your analogy of heterosexuals likened to rapist is still flawed. There are heterosexual pedophiles who like children of the opposite sex and there are homosexual pedophiles who like children of the same sex. The heterosexuality is not the problem, it is being a deviant heterosexual, a rapist or pedophile that is the problem and what should be punished.
If as you claim you are a rehabilitated pedophile then what you have to say about how you were changed is important information for the public discourse on this subject. We have had people who are convicted pedophiles come before our committee and testify in the past and they have been treated with respect.
The only time I know when there was a problem was when one man kept referring to himself as a “minor attracted adult”. I actually stopped the proceedings to assure him we would not be using the less offensive term of “minor attracted adult”. We need to refer to pedophiles as such so there is no mistake about the extent of the perversion. Certainly as a person who claims to be a rehabilitate pedophile you will agree that those who are not rehabilitated and are acting out their pedophile desires are perverted threats to our children who need to be identified and kept away from our children.
You write that “people who have pedophilia are not looking for angles to scam people”. I disagree, the pedophile acting on his or her sexual urges to molest a child does everything they can to fool, trick, threaten, coerce or otherwise find an angle to scam the child and their family so as to get close to the child for an illegal immoral purpose.
The fourth degree sexual offense you use as an example is hardly the example of pedophiles engaged in the “classic criminal mentality” while raping a child that I referred to. That is why we have four degrees of sexual offenses, so the boy slapping a girl on the butt on the beach, is not charged with the same offense as the predator pedophile who sexually molests a child.
Again I don’t understand the analogy you use when referring to drunk drivers killing more children than pedophiles. I have not been discussing murder, I have been discussing molestation of children. Furthermore, I don’t know of any pedophiles that are being required to wear armbands saying “I am a child molester”. If you are talking about the registry, then the difference is that we can take away the drunk’s license and car. We also know that alcoholism can be treated. There are many differences, you can sit at home alone and be an alcoholic and not be breaking a law. You can not practice pedophilia without breaking the law. When you set out to drink and drive you do not intend to kill a child. When you set out to satisfy your pedophile urges you are setting out to steal the innocence of a child and to destroy that child’s life.
Your argument that I have written to lock them up and throw away the key is just flat out wrong or I would have been arguing for civil incarceration and castration.
My position is not “fixed”, I try to learn from the credible information available and then to decide how best to apply that information as a solution to the problem at hand. I don’t know all the answers, I only know that what is currently being done is not effective and we need to find ways to keep those who can not control their urges from getting to our children.
Thanks for your considered responses. We still disagree over a lot. Some of it reduces to semantics and some of it has to do whether we are talking about a rapist or someone more benign. I do in fact agree that a truly violent offender, especially a repeat offender, should be kept from again reoffending.
Just one point in response to your most recent post: I did not undertake any of the coercive actions you point to above, which amounts to a stereotype. There are many different situations. In fact, as I understand it, a large number of offenders have problems only within their own family. They never had problems with anyone outside their family, and they never will. But they are on lists and are subject to harrassment, reporting, job discrimination, and social discrimination the rest of their lives, which does nothing to help them, only hurt them as they attempt to get well past their problems.
I will indeed consider testifying before your committee – I’ll talk it over with some contacts. You can understand my reservations on that matter.
If you do nothing else, please do consider the outpatient program run in the 1990′s by Dr. James Olson, which was a State of Maryland program connect to the Department of Parole and Probation and was located at University Hospital. It was more successful when it contained more treatable patients. After about 1998, the courts remanded more and more sociopathic people to the program.
This website really keeps on getting bigger every day. You should honestly be pleased.
I couldn’t have said it better myself.
There are different types of sexual offenders, including different types of child sexual offenders. Not all child sexual offenders are pedophiles. I believe that is the actual basis for the above arguement that Zaphod presents (that “pedophiles” can be rehabilitated.) Simply choosing to have sex with a child does not make a pedophile; it only makes an offender.
A pedophile fits certain characteristics and does not have to have crossed the line in order to be diagnosed with the sexual paraphilia. Many people simply assume that all child sexual offenders are pedophiles. In some cases, the offense had more to do with opportunity and other motives than actual sexual attraction to the child victim(s).
I do not agree with Zaphod or other sources who claim an actual pedophile can be “cured.” Or that an offender motivated by power and control can be “cured.” I do believe they might learn to control their behavior with enough incentive, but, that may only be in certain cases. Some offenders will escalate- in the worst case scenario move from simply fantasizing, to minor abuse, to major abuse, to, finally, murder.
One of the statistics that is jumped on to “prove” child sexual offenders are “better” than other criminals is the recidivism rate. There are numerous statistics out there, with a wide range of percentages. Something to remember about the recidivism statistics: they ONLY count offenders who were jailed (many offenders never go to jail, but are go directly abck into the community)and then convicted (not just caught) again later; and that many, many sex crimes, especially with children, are underreported or prosecution is unable to follow through even when there is a high chance a crime did get committed.
Generally, rates seem to vary between 4% to over 50% (based on type of sex crime.) CSOM lists child offenders as having a 13% chance of reconviction for a repeat offense, and 37% for a non-sex related offense. Is a 13% rate low enough?
There is some basis in looking into a particular offenders risk factors to determine the risk of reoffending- which is why (I think) the MD law was passed in 2007.
I do not believe Meghan’s Law is effective. It’s nice to know if an offender lives in your neighborhood- but what if he travels to another neighborhood? Or another state? Plus, the public does not know the details or what the risks are of the person reoffending. Many offenders have numerous victims before (if) they are caught- so the odds are, your child will be abused by someone not on the registry and who has never been caught for any crime.
I also think it’s baloney that an offender accepted and aided by the community decreases risk of offending. These kinds of crimes are commited by pillars of the community as much as anybody else. Were the priests making the headlines spit on and harrassed before they committed their sexual offenses,or were they loved and accepted by their communities? These kinds of crimes are internally-based, not caused by social acceptance issues.
True, someone who seeks “comfort” in the arms of a child has problems with adult relationships- but it’s not the adults around that are the source of that problem. If “stress” causes these crimes, then a whole lot of people are “at risk” of committing these crimes- why aren’t they?
Honestly, these guys scare me more than criminals.