VISALIA, Calif. (CN) – A man required to register as a sex offender for life for having consensual relations with his now-wife 24 years ago – when he was 19 and she was 17 – asked a state court to remove that obligation so he can get on with his life.
In 1989, police busted ___ ___ ___, then 19, for having “consensual, voluntary relations” with his 17-year-old girlfriend. He pleaded guilty to a single count of oral copulation with a minor. That charge requires mandatory, lifetime registration as a sex offender in the state of California, according to Rivera’s lawsuit in Tulare County Court. ___ and his girlfriend remained together and are now married.
___ registered, but acknowledges that he failed to update his information annually from 1991 through 2011. In 2012, California Attorney General Kamala Harris filed a criminal complaint for failure to register as a sex offender. ___ was arraigned in October.
In his petition for writ of mandate, ___ claims that the state’s demand is unconstitutional. “___’s inclusion in the sex offender registry under the mandatory provisions of the California Sex Offender Registration Act violates his right to equal protection of the laws, as guaranteed by the Fourteenth Amendment of the U.S. Constitution and Article I, Section 7 of the California Constitution,” ___ says in the petition, citing a 2006 ruling by the California Supreme Court in People v. Hofsheier. Full Article
Related: Man Fights to Get Off Sex Offender Registry for Consensual Teen Sex with Woman He Since Married – Reason.tv: How Sex Offender Registries Fail Us (with Video from 2012 – with Janice Bellucci)