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Janice's Journal

Janice’s Journal: Worse Than Murder?

As Executive Director of ACSOL, I listen every day to concerns expressed by registrants and/or their family members.  Many of those concerns are focused upon challenges that registrants face in employment and housing.  This column does not address those challenges.

Instead, it addresses the overarching issue that registrants are often treated worse than individuals convicted of murder.  Regardless of the sex offense for which they have been convicted or the number of years that have passed since that conviction.

I have known this fact for many years.  The most obvious difference, of course, is that a person convicted of a sex offense in California must register at least annually and his personal information is often posted on a public website.  By comparison, there is no registry for murderers in California and their personal information is not posted on a public website.

Please understand that I am not advocating for nor would I support a registry for individuals convicted of murder.  Instead, I am advocating for the end of all sex offender registries.

A glaring example of how registrants are treated worse than those convicted of murder came to my attention during the past week.  The wife of a registrant called to let me know that her family has now been reported to Child Protective Services.  Not because her husband, who is a registrant, has harmed their children.  Instead, it’s because a third party discovered that her husband is a registrant and thought their children were at risk of harm.

As I told this woman, I am not a family law attorney and therefore I referred her to someone who is.  Having said that, I decided to look up the family’s situation in California’s Family Code section.  I could hardly believe what I found there — a legal presumption that the children of a registrant who has a felony conviction involving a minor are considered to be “at significant risk.”  As a result, such registrants are not allowed to have unsupervised contact with their children.

What!  That means that a registrant parent could be forced to move out of the family home.  Forced to abandon both his spouse and his children.

And it gets worse.  That is, a person convicted of first-degree murder can have custody of their children if either the court determines there is no risk to the child’s health, safety and welfare or the children choose to live with that parent.  Neither of these options is available to a registrant.

What!  How is it possible that a person convicted of a non-contact, non-violent felony sex offense such as possession of child pornography is not allowed to live or even have unsupervised visitation with his children while a person convicted of first-degree murder can?

When this happens, it creates a Sophie’s Choice for the registrant’s wife and the mother of his children.  The wife must choose to live with either her husband or her children, but not both.  And regardless of the decision she makes, the family is destroyed by a law that makes no sense and fails to protect children who need both parents in their lives.

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And, if you’re not married to the mother of the child, all of this goes away. Just further proof, that marriage as it exists today is merely another extension of the patriarchy.

Exactly. When my daughter was born a hospital social worker tried to have my daughter adopted out from under my wife through fraud (tried to forge documents adopting my daughter) when that failed due to administrator & nurses asking my wife. She tried the CPS route. The worker came out and talked to my wife, then told her since we were married and I was the bio dad I have parental rights they could do nothing and closed the case.This happened while I was still in prison, now Im home and live with my wife and daughter. This was before… Read more »

Please tell me the hospital social worker was held accountable for forgery, fraud, human trafficking, etc.

Do getting a verbal warning count? She was not fired or arrested only forced to abandon all further attempt to take my child.

I am in Illinois, Been on the registry for more than 20 years and am for lifetime. My conviction was for a non-contact offense that the judge said “in this case there was no victim”. During parole/probation, the judge specifically ordered that there was to be no restriction on me being around children, my children, my grand children, or their friends. But when probation ended the police took over and informed me that I had to stay away from children, could not go to a McDonald’s that has a play area, could not go to a park, could not use… Read more »

Last edited 22 days ago by Chuck

While I can understand this if the child in question is a result of the crime, I question the constitutionality of it otherwise. Utah has such a provision, but the “mother” can agree to the contact and the Court will allow it. Such happened in my case, where the State attempted to interfere. Once I beat the State on the “dangerousness to the child” aspect they left the case, and the judge asked the “mother” if she agreed to me having rights, she said yes, and the parentage order was signed. Joint legal custody and above standard visitation rights, this… Read more »

“Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.”

It seems some victims or sex assault are having to live with the recourse or fate as a result of actions of others and out of their control. The loss of dignity is the worst of it i believe, the self talk. While scarred and scared, they still breath. Raised penalty has the effect of the second kick from a mule, from which absolutely nothing new is learned. Family separation has far too often been occurring in WI since 1993-5 timeframe based on personal knowledge of other men on the list. i know of a peculiar offender suicide that’d in… Read more »

What about the cases were the wife was the “victim” during their teenage years and got together? These situations should be left up to families without an emotional social worker or CPS. How many children have been removed from decent homes all because a person’s past decades ago? CPS is as useless as the registry, however both are used as vengeance to harm children.

As long as the marketing masterminds keep using “victim oriented” sales pitches to push tougher laws the system won’t get better.

You can watch shows and play videogames where characters get chopped and dismembered but I doubt there will ever exist any “pro-sex offender” mainstream movement. Take that as comedy if you want, lol. It just goes to show you they knew what they were doing when the created the whole scheme.

Marketing.

My wife’s best friend and her son needed a place to stay for a little while no big deal she was like family to us we’ve all known each other since high school. One day she went down to Social Services and applied for welfare assistance when filing out the application she put my address and when ask who all lives in the home she put me my wife and my kids names on the application with my wife’s permission. About 1 month later I get a knock at the door I look and its 2 lady’s a young black… Read more »

Too bad they weren’t as protective of Anthony Avalos, Gabriel Fernandez, Noah Cuatro and so many other innocent little kids allowed by social workers to continue living with known, verifiable monsters.
I’m glad you got out there.

I did not see anything in the journal about what ACSOL is going to do about this issue in CA?

@Brett and others – Yes, this issue is on our list of laws to challenge. Having said that, ACSOL can only do that for which it has resources. Please donate now so that ACSOL can challenge more laws. Thank you.

My wife and I brought this to you years ago. I sent you links to this horrifically unconstitutional law, and even cut and pasted it directly into chat and Emails I sent you. My wife and I even drove up to LA to see you in person. Every single time we were simply dismissed with a “Sorry, I don’t do family law” and I tried to explain that I wanted you to challenge the law itself, not go to family court, and was met with silence. I signed a plea deal in 2009, got out of prison in 2010 and… Read more »

And for anyone interested, the law she is referring to is “Family Code: 3030” which can be found here.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3030.

Jon wrote “If you want capitol to start your fight against this case, we have it, just like we offered to pay then.” Have you heard from ACSOL after your post Jon?

Nothing yet, I will let you know once they do. We have been stuck in this nightmare for 7 years now. Justice is long overdue. We will certainly pony up our share, I know with Janice going after it we have a good change of victory. Maybe if we can get the law ruled as unconstitutional, we can challenge the termination of our parental rights and the adoption that should have never happened. We have never given up on our daughter and never will. She will always be loved by us, her real biological parents.

My wife and I brought this to you years ago. I sent you links to this horrifically unconstitutional law, and even cut and pasted it directly into chat and Emails I sent you. My wife and I even drove up to LA to see you in person. Every single time we were simply dismissed with a “Sorry, I don’t do family law” and I tried to explain that I wanted you to challenge the law itself, not go to family court, and was met with silence. I signed a plea deal in 2009, got out of prison in 2010 and… Read more »

I see nobody replied to your post, I think I know why Jon. I’m no legal expert but I’ve seen this happen to some in my state. This issue is more complex than just a registry issue. It’s a Child Protective Services issue as well. The only way to have a fair trial for you and your wife’s parental rights is to take the case to a new jurisdiction that doesn’t take the label as an immediate admission of guilt and requires proof of actual provable wrongdoing concerning the situation (provided there is none because even a simple charge as… Read more »

I appreciate the reply and the advice you are trying to give. You also have my deepest condolences for the loss of your daughter. There were a lot of things wrong with our case. The way the law is written, if someone who has to register is alone with a child (even their own). That child is automatically considered to be at great risk of harm and can be taken away by cps or police ect. And from that point you must go to court and try to prove to the court that you are absolutely no threat to your… Read more »

Jon, I see you and your wife really fought diligently. This is sad for me. I wish the stories were different that I looked up, just average people that have lost their children to bogus accusations or some family member calling in bogus allegations. It’s horrible how much power the CPS has now. One story I was reading said CPS or DCFS seems to supersede even police powers now. That means any person, anywhere can become a victim of the same trouble your family has suffered. My big issue with that is the training those that are involved in those… Read more »

Jon – I am so sorry for everything you and your wife have had to endure from CPS…I myself have been through this and It is truly a nightmare. Yes the law needs to be struck down and timing is everything. God speed Janice… go get them (CPS).

Hi everyone: Janice is right.
Your donations are needed.
I donate, automatically, every month through my credit union’s “BillPayer” service. It’s easy and I don’t even have to think about it! Please consider doing the same. Rest assured, all donations will support ACSOL’s Mission.
– David

Thank you👍👇👇👇

“Please understand that I am not advocating for nor would I support a registry for individuals convicted of murder. Instead, I am advocating for the end of all sex offender registries”

https://chicago.suntimes.com/2021/3/25/22334208/sex-offenders-englewood-apartment-sawyer-aclu-editorial

But alas, as Janice points out, no one seems to have the least concern about where a convicted murderer might live, do they?? 🙄

Nope, Registry Supporters/Terrorists don’t even care if murderers live next door to schools. They are fine with murderers in schools. Know why? Because the Registries have nothing to do with protecting anyone. They are for harassment and growing big government’s carceral businesses. You would think they’d want more Registries and thus customers. But I don’t think they can demonize the others enough to justify their harassment. But why don’t they try? Afraid it will expose the idiotic Hit Lists and erode support for them? Or how about just regular shooters and other Gun Offenders? Those people are obviously more dangerous… Read more »

Will said “I have zero fear of child molesters being around my children and grandchildren. Others are a lot more dangerous.” You are so correct. Children are 20 times more likely to be sexually offended by someone who is not on the list, than to ever be touched by someone on the list.  See: A study conducted of sexual crimes in New York by Jeffrey Sandler, Kelly Socia, and Naomi Freeman in 2008 found more than 95 percent of registerable sexual offenses and more than 94 percent of sexual offenses against children in the state are committed by first-time offenders. The researchers reviewed… Read more »

Mothers are dangerous. There should be a registry, and there is one in California.

“Number of child abuse victims in the United States in 2019, by perpetrator relationship”
https://www.statista.com/statistics/254893/child-abuse-in-the-us-by-perpetrator-relationship/

Child Abuse Central Index
https://oag.ca.gov/childabuse

Looking at those stats of child abuse, all I can say is WOW!

It is a lot different than the general assumptions for sure.

Now mentioning providential justice and even types of rain barrel Justice is just one of many facets. One has Racial Justice, Corporal, legislative Justice, Fraudlent Justice, Vain Justice to name a few. Even Criminal Justice is blind in many ways. Just what is punitive Justice today. As even Janice mentioned in these ACSOL rules and discussions – we believe that the punishment must fit the crime. That right there is what a good constitutional lawyer understanding. Sure we all have attributes. Yes I once said on here I am nobody but we are all somebody with God and true understanding… Read more »

I wanted to chip in my two cents here, since I’ve raised this particular point over and over again when I talk about my experience on the registry (Michigan’s to be specific). I’ve worked alongside murderers and know friends in the government, who also work alongside 1st degree murderers, and I can say with confidence that the punishment inflicted by the registry is the most extreme you can dole out on a person bar life imprisonment or the death penalty. It never ends and it seeps into every facet of your day to day life from your work (assuming people… Read more »

Jack,
Judge Matsch called it ” Cruel and unusual. “

Safety and security are good but promoting for profiting can be a scavenger hunt in many instances for public safety. Letting others know that one has been dabbed by another with the title “sex offender”. Is the love of money is the root of all evil or who is carnal today or who seeks wisdom and understanding in many vain ways in overcoming another whether by physical means or other methods. Now I am in a Commonwealth state so what is common, what is biblical, or what is unethical. Yes California has a mixed variety of people. Florida was indian… Read more »

Speaking of murder, I am sitting here watching the D. Chauvin trial and a Lt is testifying to his development to their intelligence database ( strategic info center)and surveillance systems that he helped develop, write SOPs etc. and it use as it applied to the Floyd killing. Why this evidence is relevant to questions of guilt is beyond me. While i understand bodycams are linked up, how they work is irrelevant, ( how the cam mounts etc.)yet time is used up going over such testimony. The reason i bring it up is during FTR cases ive experienced, most of stuff… Read more »

I have been watching this trial live every day for the 4th day now. There is a lot of evidence introduced/seen. I do not understand why some of it makes a difference too. George Floyds death (seeing him die) made a huge impact on my life as I saw a man die by strangulation/choking while I was in prison. The day I saw the first video of him dying, I paced my house crying and stomping my feet wondering how this could happen; it is embedded in my mind forever. RIP George.

Exactly…2014 my spouse was arrested all charges were behind the screen. When the police raided our home early morning with only myself and our two children 10 and 13, CPS was with them. After CPS interviewed both my children extensively I was told on that very morning by CPS they did not believe my children were assaulted in anyway and they were closing the case and would not proceed further. 4 days later as our extended family came together to bail-out my spouse, which there were no court restrictions placed on him by the judge that he would be allowed… Read more »

Hi Laura. My heart goes out to you ! I am SO sorry that you and your children were subjected to all that they/you were! I hope/pray that, in time, everyone will heal.

Prayers do help and give one peace….Thank you.

Ugh, what a heart wrenching story. My heart also goes out to you and your kids. Mine are now about the same age yours were when this happened and I shudder at the notion of some fascist government hacks or do-gooder civilians sticking their noses into our lives because of my transgression 30+ years ago. I’m constantly thinking I need to move out of the house before my kids are caught in a collision between my past and present, but then think how that could do more harm than good to their young psyches during these, their formidable years. I… Read more »

Thank you for your kind words. Do tread carefully..At 10years old my son was forced to attend weekly therapy where the CPS court appointed therapist interrogated both my kids at every session. Finally at one session I could hear my 10 year old son through the door flat out tell this CPS therapist….”I have told you every week for months now just like I told the social worker that my father never harmed him and never would harm and I don’t want to keep coming here but instead be able to spend my time playing soccer and baseball with my… Read more »

I don’t know if CPS got “better” about trying to protect children, but courts sure as hell didn’t seem to care about children’s well being in the past. At least seemingly in non-sex offense cases. I grew up with a very abusive alcoholic step-father. He used to beat all of us. It all columnated on my 10th birthday when he nearly beat my mother to death with a claw hammer. A few days later our mother finally got the courage to break the abuse cycle and filed a restraining order. We literally had police come to our home to escort… Read more »

Worse than murder.

Especially when the State itself gets away with murder through mandated health care.

How is health care murder?? 🤔
No, forget it. I don’t care to know.

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