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August 16, 2011

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Comments

Eliyahu

Of course the registration laws are a purely administrative function of government, the same way that the Nuremberg Laws were just an administrative function. The fact that the consequences are completely punitive are not of interest to the courts. I would challenge any of the judges who feel that way to get his name on a registry, try to find a job and a place to live, and then come back after a few months and tell us he still thinks it's not punishment.

Concerned Citizen

If it is a "civil system of regulation" then why are there criminal penalties for failing to register?

Bergman

I read of an incident a few years ago where a 13 year old boy (legally too young to consent to sex under any circumstances, in that state) forcibly raped a 14 year old girl (old enough to conditionally consent, via a close-in-age exemption).

But since a 13 year old cannot ever consent to sex, according to state law, they also cannot commit rape, since rape requires intent on the part of the rapist, as well as one-sided consent. Charges were filed against the victim, for what amounts to statutory rape (it is established fact that sex occurred between her and someone too young to consent).

Last I heard about the case, the prosecutor saw nothing wrong with charging the victim of forcible rape with a sex crime (even going so far as to offer the rapist immunity in exchange for testimony in the statutory rape case against the victim). If the girl is convicted, she will have to register as a juvenile sex offender; "Luckily" for her, that registration is expunged when she turns 18. But if the prosecutor had charged her as an adult, she would be (if convicted that way) required to register for life, due to the "victim" being only a child.

Debbie

Please, please, don't automatically do this to people. Many one-time offenders used bad judgement or/and are serving, already, long and excessive sentences and don't deserve to go to their graves with this label.

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