a sex offender....

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Latest post 10-26-2009 2:25 AM by vio. 7 replies.
  • 04-08-2009 10:03 AM

    a sex offender....

    My former husband brings our daughter around a convicted sex

    offender when she visits him.  I informed him if he continues, I will go to

     court and ask the Court to order former husband to not bring daughter

    around him. My former husband stated I will not win and he will argue

    that the child was not molested.  He just happened to have a

    relationship with a 15 year old girl who had lied about her 

     age. Former husband went on to state that he will bring character

    witnesses for the sex offender.  I explained to him that regardless of

    what the circustances were, he was tried and convicted in a court of

    law and that no Judge is going to listen to an argument that the man

    is safe to be around and wrongfully accused after the fact.

    I would imagine the Court has an ongoing legal obligation to keep

    children away from this man.  Am I correct in that this is a cut and dry

     request and that a Judge must keep a child away from the offender?

     

    Thank you.

  • 04-08-2009 10:08 AM In reply to

    Re: a sex offender....

    It may be easier that going to court.  If you know the SO's name and better yet address you can contact local law enforcement and find out if he is required to register and if he is on parole/probation that requires he stay away from children.  If he is required as part of registry or parole/probation to stay away from kids you contact the supervising authority and report the violation.  They can violate him and return him to jail if necessary.

    Once you have that it should be a slam dunk in family court to modify custody for Dad since he is showing poor judgement regarding the safety of the kids.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 04-08-2009 10:12 AM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
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    Re: a sex offender....

    You've discussed it with Dad and he has told you his position, so don't argue with him about it.  Discuss it with your attorney and find out your options at this point.  The previous post offered excellent advice also.

    I have to wonder why your ex is defending this person so forcefully.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-08-2009 10:13 AM In reply to

    Re: a sex offender....

    I do have his name and address.  And yes, he is required to register.  I found him on-line. Does that mean he is automatically required to stay away from children when he is registered?  Does being registered mean he is on probation?

  • 04-08-2009 10:39 AM In reply to

    Re: a sex offender....

    If I remember correctly Florida has some pretty tight restrictions on what registered offenders can and can't do.  It is going to depend heavily on what level offender he is considered to be and level of supervision he was sentenced to. 

    Being registered does not automatically equate to being on probation or parole.  It depends entirely on what the court sentenced him to.  However if he was sentenced to being a registered sex offender that is for life and typically the one of the conditions are that they stay away from kids. 

    The best thing to do is report the violation to law enforcement and the registry supervising agency if different.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 04-08-2009 2:43 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,541

    Re: a sex offender....

    Visit the following website, if you haven't already:

    http://offender.fdle.s...

    Check out the FAQ section at the top of the page to start.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 04-08-2009 5:47 PM In reply to

    Re: a sex offender....

    Being a registered sex offender does NOT mean you can't be around children.  If the RSO is no longer on supervision (probation or parole) then he is restrained only by laws that are in place.  Those laws are state-specific, but commonly address where the RSO can live and hang out.  No state has law that says an RSO cannot be around juveniles at all.

  • 10-26-2009 2:25 AM In reply to

    • vio
      Consumer
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    • Joined on 10-26-2009
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    Re: a sex offender....

    Ford pretty much hit the nail on the head. Unless the offender is on probation or parole(where there will typically be a "no contact with minors" condition), there is no law in any state which prohibits a sex offender from being around children once the offender is no longer under court/state supervision. To do otherwise would be a constitutional violation of said offenders civil rights and be a very servere form of punishment after the offender has already been punished. Remember, sex offender registration isn't punishment(or so they claim anyhow...). Most offenders have already been punished via jail/prison time and X number of years of very hardcore probation or parole. Infact many thousands of sex offenders have children of their own that they live with. You must also remember that many convicted sex offenders are NOT sexual predators/child molesters/pedophiles that are looking for any opportunity to sexually abuse your children. In many states there are people on sex offender registries for minor offenses like indecent exposure ie. urinating in public, streaking, having sex in a car, etc.

    I don't know what has happened with your situation as of this date, but I'm certain that unless the man in question was on probation or parole, the court will not and cannot prohibit him from being around your daughter as long as your ex-husband allows him to do so.

    One last important thing to keep in mind is that only about 5% of sex offenders ever reoffend(don't believe the 80% or higher you hear from the media.. it's pure fiction). While it's certainly possible this man could end up sexually assaulting your daughter, reality is your daughter is about 80 times more likely to be killed by a drunk driver or 20 times more likely to be struck by lightning. Just some food for thought...

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