The Alliance for Constitutional Sex Offense Laws (ACSOL) filed a lawsuit today challenging the early release plans of the California Department of Corrections and Rehabilitation (CDCR). The agency plans to begin releasing from prison on July 1 anyone convicted of a non-violent offense who has a release date no later than December 31. The agency’s plans, however, exclude anyone required to register as a sex offender. According to a press release issued by CDCR, prisoners will be released early in order to reduce the possibility of their infection by COVID-19. The…
Read MoreDay: June 23, 2020
Sex Offender Registries Are Fueling Mass Incarceration — And They Aren’t Helping Survivors
[jacobinmag.com – 6/22/20] The “sex offense legal regime,” which has developed alongside mass incarceration over the last forty years, has failed. US sex offender registries now list nearly one million people. Federal, state, and local ordinances prohibit convicted sex offenders from living within a certain distance of schools, parks, day care centers, and other spaces where children might congregate. In places like Miami–Dade County, these restrictions have rendered hundreds of individuals effectively homeless. Only by building and inhabiting makeshift encampments in sparsely populated areas can offenders comply with such residency…
Read MorePA: Commonwealth v. Torsilieri
Nature of Case: Mr. Torsilieri — the Appellee in this case — was convicted of a sex offense and, as such, was required to register as a sex offender under Pennsylvania’s sex offense registration scheme. He brought a post-conviction challenge alleging that, because Pennsylvania’s sex offense registration law essentially used an irrebutable presumption of dangerousness that if violated several constitutional provisions related to punishment as well as state constitutional provisions protecting reputation. The trial court agreed, and and held that based on expert evidence adducing that re-offense rates were lower,…
Read MoreUT: Supreme Court strikes down law allowing sex abuse lawsuits
The Utah Supreme Court has struck down a state law that allowed victims of sexual abuse to sue decades later, siding against a woman who alleged a former federal judge raped her when she was a teenage witness and he an attorney prosecuting a white supremacist serial killer. The state’s high court ruled the 2016 law unconstitutional, finding the Utah Legislature did not have the authority to effectively erase statutes of limitation after they already timed out. “The problems presented in a case like this one are heart-wrenching. We have…
Read More