Spring has begun and the flowers of justice are blooming. One of these flowers, which is especially beautiful and fragrant, is a decision issued today by the Massachusetts Supreme Court that significantly limits the use of GPS devices for those convicted of a sex offense even if the registrant is on probation. In its decision, the Court determined that GPS monitoring of an individual convicted of possessing and distributing child pornography constitutes a violation of the Fourth Amendment which protects against unreasonable searches. Specifically, the court stated that “(t)he government’s…
Read MoreTag: Massachusetts
MA: Mandatory GPS monitoring of some sex offenders violates privacy rights
Convicted sex offenders retain a constitutional right to privacy, and those rights are being violated by a state law mandating that everyone convicted of some sex crimes wear a GPS monitoring bracelet as part of their sentence, the state’s highest court ruled Tuesday. Full Article
Read MoreMA: More Than A Quarter Of Boston’s Registered Sex Offenders Are Homeless
The purpose of the Massachusetts Sex Offender Registry is to keep track of where dangerous sex offenders are, but what if they have no address? That’s the case with ____ ____, who was arraigned Tuesday, accused of kidnapping two twelve-year-old sisters in Cambridge before they were able to break free. He’s listed on the Sex Offender Registry as “homeless” in Boston. Full Article
Read MoreShould we show compassion?
The story of a couple who were found dead inside of a tent at a homeless encampment has led to questions in the community: What rights does a twice-convicted sex offender have and how much sympathy does he deserve? Full Article
Read MoreMA: Sex offenders have access to kids on Halloween
[bostonherald.com – 10/7/18] Sex offenders are forbidden under state law from driving an ice cream truck, but they can hand out all the candy they want on Halloween in what one child advocate is calling a risky oversight. “Halloween is like Christmas for sex offenders,” said attorney Wendy Murphy. “They know they’ll have lots of access to kids and that they can’t get in trouble even though they’re required to stay away from children.” Missouri, North Carolina, Ohio, Tennessee and Texas all have “no candy” laws that ban sex offenders…
Read MoreMA: The Case for Dismantling the Sex Offender Registry with Dr. Emily Horowitz [presentation]
[sopri-ma.org – 10/25/18] with Dr. Emily Horowitz, author of Protecting Our Kids? How Sex Offender Laws are Failing Us Thursday, October 25 @ 7pm Cambridge Friends Center, 5 Longfellow Park (off Brattle Street coming out of Harvard Square, Cambridge) Emily Horowitz, Professor of Sociology and Criminal Justice at St. Francis College (Brooklyn, NY), will review some of the research and evidence about sex offense registries and the harm they cause. She will discuss recent efforts to challenge these popular but ineffective and damaging policies. “The sex offense registry is essentially…
Read MoreMA: Court Recognizes Harm to Registrants, Rules in Their Favor
The Massachusetts Supreme Judicial Council, the state’s supreme court, has ruled in favor of registrants who were trying either to terminate their duty to register or to change the tier level on which they were situated. In doing so, the Court recognized that there are significant challenges facing registrants including stigma and legal restrictions that make it more difficult to find stable housing or employment. The Court also recognized that the effects of registration are “continuing, intrusive, and humiliating” and could lead to threats of physical harm. Further, the Court…
Read MoreMA: Court: Board needs proof in sex offender reclassification
[thesunchronicle.com – 8/1/18] BOSTON (AP) — The Massachusetts Sex Offender Registry Board has the burden of proof when determining whether a sex offender should not be moved to a less dangerous classification, the state’s highest court ruled Wednesday. The Supreme Judicial Court also ruled in separate cases that indigent sex offenders have a right to legal counsel in reclassification hearings, and that those hearings must be held within a “reasonable” period of time. The board already is required to provide “clear and convincing evidence” when initially determining which of three…
Read MoreMA: Board wants Cosby deemed a sexually violent predator
[bostonherald.com – 7/25/18] Disgraced comic icon Bill Cosby will have to register as a sex offender in Massachusetts if he returns to his sprawling Shelburne Falls estate — and state and local authorities say they will be watching for him, the Herald has learned. Pennsylvania’s Sexual Offenders Assessment Board recommended to a judge yesterday that Cosby be declared a “sexually violent predator.” But the 81-year-old comedian’s conviction April 26 on three counts of aggravated indecent assault in Philadelphia is sufficient for Massachusetts authorities to require him to register here if…
Read MoreMA: Changing sex offender law needs to be evidence-based
Massachusetts is hardly soft on sex offenders, being one of only 20 states and the District of Columbia that incarcerate people convicted of sex offenses after they’ve completed their criminal sentences based on what they might do in the future. This practice is so antithetical to our Constitution that sexually dangerous person laws require careful calibration. Full Article
Read MoreMA: Child Rapist Bill Triggers Debate Over Punishment, Process
[wbur.org – 6/27/18] Lt. Gov. Karyn Polito appealed to lawmakers Tuesday for new sentencing and civil commitment laws targeting repeat child rapists, but opponents of Gov. Charlie Baker’s bill argued the proposal is unnecessary and would be costly and ineffective. Baker’s proposal calls for changes to the civil commitment process under which sexually dangerous people are reviewed for possible release and for a mandatory minimum sentence of life without parole for anyone who uses force to rape two or more children, or uses force to rape a child after being…
Read MoreMA: Psychologist said serial rapist was not dangerous
[eagletribune.com – 6/13/18] A psychologist who has spoken on behalf of child rapist Wayne Chapman was also hired as an expert in a 2012 case involving the potential release of another sex offender. Dr. Joseph Plaud said he could not diagnose Lucas Ortiz — who had been dubbed a serial rapist and imprisoned for sexually assaulting numerous boys — with any sexual or mental disorders, according to a court decision. He said Ortiz showed no “deviant arousal” in an exam designed to measure sexual response to audio and visual stimuli.…
Read MoreMA: Can there be life after civil commitment?
[narsol.org – 6/15/18] By Sandy . . . Over forty years ago, Wayne Chapman was convicted of raping two boys. He claimed to have had as many as a hundred victims. He was sentenced to thirty years in prison, and when that was completed, under Massachusetts’s civil commitment laws, was confined further in a non-criminal facility where he was to be treated and evaluated and from where he would be released when he was determined no longer to be a danger to society. That determination has been made. Chapman, now…
Read MoreMA: Victims’ advocate wants psychologists charged if sex offenders repeat
[bostonherald.com 6/3/18] A leading victims advocate wants state-appointed psychologists who declare sex offenders can be released from prison held accountable if the predators strike again. Jennifer Lane, president of Community Voices, said charges should be brought against the examiners in some cases. “I’m so sick and tired of this,” Lane told the Herald. “There are more people defending sex offenders than the victims.” Pedophiles and rapists don’t age out of their horrific habits, she said. “It’s a mental issue.” Her comments come as the Supreme Judicial Court is “taking under…
Read MoreMA: From the Capitol: Democrats reject common sense fixes
[journalstandard.com 4/20/18] This last week in Springfield has me thinking about common sense more and more. Democrats on the Judiciary Committee have run roughshod over what I believe are common sense solutions. It certainly seems that common sense isn’t so common, and I began to wonder how the term originated. … The Sex Offenses and Sex Offender Registration Subcommittee voted down House Bill 4318. After a rapist gets out of prison they can move right next door to their victim. You read that correctly. There are no living restrictions for…
Read MoreMA: The New Sex Ed: What Young People Need to Know About Sex Laws
[Keren Goldenberg at kgdefenselaw.com] Like everyone else living in New England, I could not avoid the exhaustive media coverage of the St. Paul School rape trial. From a legal perspective, there was nothing sensational about this case: a 15 year old student claimed that she had been forcibly raped by a senior at her school. The senior claimed that they fooled around but never had sex and the jury ultimately ruled that statutory rape (but not forcible rape) had been committed. The media frenzy was due to the fact that…
Read MoreMA: Sex offender registry changes sought
The lowest level of convicted sex offenders would be required to register with local police and face increased scrutiny under plans to expand the state’s registry. A proposal by Senate Minority Leader Bruce Tarr would require Level 1 sex offenders to register with police in person, while their names, addresses and other information would be added to a searchable online database, along with those of more serious Level 2 and 3 offenders. Full Article
Read MoreMA: Westfield officials hesitant to repeal sex offender ordinance despite high court ruling
One resident and several councilors spoke out against repealing the city’s sex offender ordinance Thursday at the Westfield City Council meeting. The ordinance restricts where registered sex offenders may live and establishes “child safety zones” where offenders are not allowed. But a 2015 Supreme Judicial Court ruling indicates such ordinances are unconstitutional. Full Article
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