Sexual predator program may be shelved / LJWorld.com

Kansas Legislature

Lawmakers consider longer prison sentences instead of treatment

February 6, 2006

Topeka — Once touted as a modern criminal justice tool to treat sex predators while keeping them away from the public, the state's civil commitment program may be on its way out in favor of simply longer prison sentences.

"I'm not saying it has failed, but I believe this is a much safer option for the public," Atty. Gen. Phill Kline said.

There is a sense among many state leaders that sex offenders, especially pedophiles, cannot be rehabilitated, so it would endanger the public to let them out.

"There is absolutely no proof it is curable," House Speaker Doug Mays, R-Topeka, said.

The solution, according to Kline, Mays and what appears to be a majority of the Legislature is to increase prison sentences for sexual offenders.

A measure that has been approved in the Senate would provide life in prison without the possibility of release for people convicted of three sexual offenses. A bill in the House would carry a sentence of life without parole for a second sexual offense involving a child.

In 1994, Kansas became the first state in the nation to allow the indefinite confinement of violent sexual predators for treatment after they have served their prison sentences.

Sexual Predators in Kansas

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The law was challenged by Leroy Hendricks, who had been convicted in 1984 of one count of taking indecent liberties with a child. He received a five- to 20-year sentence.

He was then categorized a sexual predator and transferred to the Sexual Predator Treatment unit at Larned State Hospital. Hendricks argued the state couldn't keep him confined longer than his prison sentence.

In 1997, the case went all the way to the U.S. Supreme Court, which ruled 5-4 that the state could keep sexual predators confined after they served their prison sentences if they are still determined to be a danger to society.

Since Kansas established the program, at least 15 states passed similar laws affecting hundreds of sexual offenders.

But recently the Kansas program has been under scrutiny.

Last year, Hendricks was to be the first person to be released from the program. But attempts to move him to Lawrence and then Leavenworth were met with protest and legal action from residents.

An appeal that would allow him to live in Leavenworth under round-the-clock supervision is before the Kansas Supreme Court. Until the case is decided, Hendricks lives on the grounds of Osawatomie State Hospital.

There are currently approximately 150 people in the Kansas program. Six people have died while in the program, and there are at least eight more who cannot respond to treatment because of significant health problems, officials have said.

The costs have skyrocketed because it costs about $150 per day to house someone at the sexual-predator program, compared with about $50 per day in state prison.

Mays said there were still people in the state prison system who would be committed to the violent sexual predator program, but after the Legislature approves measures to increase prison sentences, the civil commitment procedure would be used less and less.

Discussion

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6 February 2006
at 7:23 a.m.

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ljreader (Anonymous) says…

1) Lock em up
2)Throw away the key
6 February 2006
at 7:57 a.m.

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Sigmund (Anonymous) says…

I'll believe it when I see it ….
6 February 2006
at 9:19 a.m.

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staff04 (Anonymous) says…

“(AP) - A Virginia lawmaker fed up with what he calls ineffective and costly treatment for sexual predators is proposing another option to deal with repeat offenders: surgical castration.

Sen. Emmett Hanger's bill, which is due to go before a General Assembly committee this week…”

Interesting…yet provocative…
6 February 2006
at 9:20 a.m.

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Marion (Marion Lynn) says…

Most sex offenders cannot be “treated”.

Two 15 year olds who get caught bumpin' tummies are not sex offenders so we need soem clarification in our laws to make the appropriate exceptions to the rules.

Child molesters and others like them are hard-wired and do not respond to threatment.

They need to be locked away for life and we'll worry about treating them then.

Thanks.

Marion.
6 February 2006
at 9:45 a.m.

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jrlii (Anonymous) says…

I'm with Marion on this one: If an act is a crime only because the state denies a participant the right to give his or her consent, that should not be within the purview of this proposed statute.
6 February 2006
at 9:52 a.m.

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crazyks (Anonymous) says…

I know a person who was 19 at the time, and his girlfriend said she was 18…well, it turned out she was only 16, and her father had him arrested. Two years difference in age made him a registered sex offender.

The boy honestly didn't know the girl was only 16. Would you be able to tell the difference, just in appearance, between a 16-year-old and an 18-year-old? A 15-year-old and an 18-year-old?

Yes, there needs to be some clarification as to which sex offenders this will affect.

Does it include men who rape adult women? Or just those who offend against minors?
6 February 2006
at 10:11 a.m.

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Baille (Anonymous) says…

Anyone know the difference between a sex offender and a pedophile?

6 February 2006
at 10:48 a.m.

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staff04 (Anonymous) says…

Baille-
Sex offenders have committed a sex crime and pedophiles have simply fantasized about it?
6 February 2006
at 1:59 p.m.

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crazyks (Anonymous) says…

Pedophiles prey only on children…
6 February 2006
at 2:04 p.m.

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crazyks (Anonymous) says…

However, the definition of when one actually becomes an adult is part of the problem…is it worse for a man to rape a 17-year-old than an 18-year-old? Why or why not?

Is it worse for a 20-year-old man to rape a 17-year-old, or for a 40-year-old man to rape a 17-year-old? Why or why not?

How was the age of 18 chosen as the onset of adulthood? It used to be 21, remember?
6 February 2006
at 2:06 p.m.

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ljreader (Anonymous) says…

“sex offenders” is a generalized term for a person whose criminal activity relates to sex, such as rape.
Pedophiles commit their acts against children.
All acts of pedophilia are sex crimes, but not all sex crimes involve pedophilia,

Why do you ask?
Do I win anything?
Is this a trick question?
6 February 2006
at 2:41 p.m.

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badger (Anonymous) says…

Actually, if I understand the psychological definition, not all acts of pedophilia are sex crimes, because fantasizing about committing sex acts with minors isn't illegal, but doing it classes one as a pedophile.

I figure a sex offender is someone who has been convicted of a sex crime towards an individual or individuals regardless of age or gender. A pedophile is someone whose sexuality is based in a desire to engage in intimate acts with children.

One is a legal term and the other one a social or psychological one, though they get used kind of interchangeably sometimes.
6 February 2006
at 7:34 p.m.

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Ceallach (Anonymous) says…

Posted by staff04 (anonymous) on February 6, 2006 at 10:48 a.m. (Suggest removal)

Baille-
Sex offenders have committed a sex crime and pedophiles have simply fantasized about it?
***********************

ped*o*phile ( P ) Pronunciation Key (pd-fl, pd-)
n.

An adult who is sexually attracted to a child or children.
***********************
It's much more maleficent than mere fantasizing.
6 February 2006
at 10:15 p.m.

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Ragingbear (Anonymous) says…

Although I am for castration of sex offenders, there is an issue with that. Most sex crimes are usually not about sex at all, that is simply the outlet. It is a crime of violence, and removing the method they used will not deter them. Cases like that involve raping people with other objects.

Shootem up.
6 February 2006
at 10:19 p.m.

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Baille (Anonymous) says…

In my experience, pedophiles are primarily, inherently attracted to children. It is how they experience sexual gratification - much like heterosexual or homosexual people experience sexual gratification. It is “untreatable” part of a person's identity. Recidivism rates are very, very high.

People who have sexually abused children may or may not be pedophiles. The motivations of non-pedophile offenders are different and the circumstances under which they have abused, and may or may not abuse in the future, likewise varies widely. In most cases, the motivations of the abuser are more akin to rapists in that issues of control are prevalent and abuse occurs more from opportunity that predation. This category of offenders can include the former/current victim of abuse who continues the cycle with a younger child, or an adult who does the same thing. It is an unfortunate reality that some victims sense of attachment and intimacy grows so warped by the abuse that they come to abuse themselves. This category can also include the opportunist who abuses to regain some perception of “control” out of a life that is seemingly out of control.

The difference between pedophiles and other types of sexual abusers - as well as the difference amongst the non-pedophile abusers - is important as we consider whether restrictions where people live or various treatment programs are appropriate and effective. In some cases, social isolation and arbitrarily long prion stays and/or treatment programs actually increases the probability of an offender re-offending or whether such measures are the only option to prevent a predator from preying again.

8 February 2006
at 10:02 a.m.

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Applied_Logic (Anonymous) says…

So many good points! Marion I've missed you!

A broad law will not ever deal with the issue. Raging bear is right. Castration while a pleasantly vindictive thought will do little since it isn't the tool, rather the mind that gets them there.

I personally know two people on the list:
1. Was accused by his daughter's 16 year old friend. The court ruled that because he'd been drinking his account of events was flawed. The same girl accused a few other men in town and filed personall damage suits where she sought up to 100k in damages.
2. The ex husband of an ex friend who molested her own 6yr old daughter. She caught him in the act. He got off with a slap on the wrist and is now living with another woman who has three small children. His new woman believes him and doesn't fear for her kids.

My point is every case needs to be looked at individually. Anybody hear about Nebraska's law. A guy was recently sent to prison because having sex with his wife age 16 was illegal even though they were legally married in a different state?
25 March 2008
at 6:02 p.m.

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davidkennerly (Anonymous) says…

Baille, it is unfortunate that you suffer from the (common) misconception that pedophile recidivism rates are “very, very high”. In fact, they are not, with serious and credible studies indicating rates of reoffense ranging from 3% (granted, probably too low) to 24% (considered much too high by most in the field). The real number is probably somewhere between 5 and 8%. This is not, by any means, an extremely high recidivism rate and is dramatically lower than those found amongst virtually all other criminal categories. This canard, cynically introduced at a time to justify extraordinarily draconian laws and public policies, has now entered the American psyche as an unchallenged “truth” which will persist as legend for decades to come. We owe a responsibility to truth - and yes, justice- to challenge this bit of erroneous received wisdom.