MONTPELIER -- Vermonters would be safer from sexual predators if the state makes a few changes in law and increases the use of specially trained investigators, according to prosecutors who laid out a list of recommendations Wednesday.
The state's prosecutors came up with the ideas in response to the June death of 12-year-old Brooke Bennett of Braintree. The arrest of her uncle, a convicted sex offender who is charged with kidnapping her, has ignited a call for tougher penalties."We want changes in our laws and our governmental policies," said Attorney General William Sorrell, who brought state's attorneys from around Vermont together to discuss where the weaknesses are in state law.
Sorrell laid out five recommendations that he said would allow prosecutors to better investigate sex crimes, obtain more convictions, produce longer sentences and provide better supervision of offenders.
"We are in agreement that these priorities are the tools that will allow us to do our jobs better," Sorrell said.
Bennington County State's Attorney Erica Marthage said one of the proposals would make it possible to take more cases to trial while limiting the trauma a victim goes through. Prosecutors recommended eliminating the defendant's right to have the victim give a pre-trial deposition.
"Victims routinely can't get through depositions. They break down. The whole trial comes to a stop," she said.
A proposal to expand use of special investigative units -- like one in use in Chittenden County -- would help prosecutors prepare stronger cases against offenders, Sorrell said. Rutland County State's Attorney Jim Mongeon said his county has a unit but no investigators specifically assigned to it who have expertise in sex crimes. "We need resources put in there," he said.
The proposals came a day before the Senate Judiciary Committee is due to consider what, if any, changes should be made.
None of the recommendations matched those Gov. Jim Douglas recently proposed. Douglas had sought a one-day special session in which he wanted the Legislature to create "Jessica's Law" -- a mandatory minimum sentence of 25 years for sexual assault against a child, a civil commitment process to hold untreated offenders beyond their sentences, and changes to the sex offender registry.
The items on the list will match some of what state officials will unveil today when the Senate Judiciary Committee meets, said Public Safety Commissioner Tom Tremblay. The Douglas administration's proposal also will continue to include Jessica's Law, civil commitments and changes to the sex offender registry, he said.
Although Jessica's Law didn't make the prosecutors' list of priorities, not all state's attorneys were ready to dismiss it as an option.
"I think it should be considered," said Chittenden County State's Attorney T.J. Donovan. Part of that consideration should be a thorough look at how the law works in other states, he said.
The Senate Judiciary Committee will meet all day today and Friday to discuss the issue of sex offenders. Committee Vice Chairman John Campbell, D-Windsor, said many of the prosecutors' ideas sounded good. One of them -- a change to the law governing use of a defendant's prior convictions -- was something he sought unsuccessfully several years ago, he said.
Thirteen of the state's 14 county prosecutors signed on to the list of recommendations. Essex County State's Attorney Vincent Illuzzi didn't participate because as a state senator he would be voting on the changes.
Sorrell said he didn't know how much the proposed changes would cost. The discussion comes as the state is trying to cut $30 million from the budget because of falling revenues.
Contact Terri Hallenbeck at 651-4887 or thallenb@bfp.burlingtonfreepress.com PROSECUTORS' PROPOSALS State prosecutors listed five priorities for changes in state law and policy regarding sex crimes: Expand the use of specially trained investigators for sex crimes. Change several state laws governing prosecution of sex crimes that prosecutors said intimidate victims and make it harder to try a case. Allow DNA samples to be taken at the time of a felony arrest, as fingerprint and photographs are, instead of upon conviction. Provide more intense supervision for sex offenders on probation and parole, including periodic polygraph tests, examination of computers and a requirement that they not live with children or vulnerable adults. Give law enforcement access to sealed records from deferred sentences or juvenile proceedings.
Opinion: They want this for sex cases, but will not do this with anyone else. Why you ask? Because if they tried this with any other crime it would be looked at by citizen's and courts as illegal. They get away with offering it here due the inbred lies of high recidivism rates, the stranger in the bushes myth, and the boogie man. If they really want to fight sexual offenses, they would enhance laws that make it harsher on parents, or persons known to the victim when they create a victim. They should increase the penalties for relation offenses. over 90% of all sexual crimes are perpetrated by someone the victim is related to or knows well. Less than 10% of sexual crimes are 'stranger' based, and the laws need to be crafted in this way.Not saying let ANYONE off, however the real threat is within the home. Lawmakers won't get votes that way, as the American people would never believe that the greatest threat is from dear old Uncle Joe, or Dad. These are other families' problems, not 'ours'.
The greatest danger there is for your child is NOT the guy in the bushes, the greatest danger is right inside your door.
So, if they were to craft laws to "protect the children" they would make it a mandatory minimum of 50 years for anyone to sexually harm a child in their own family or known by them. THAT would decrease sexual assaults against children almost immediately, as it would make the one-timers think about it before they did it. As far as intimidating the child, make offending parent stay away from the victim and give them weekly polygraphs (at their expense) to ensure they are not seeing anyone in the family until after court is over.
No comments:
Post a Comment