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E-mail StoryVote NO: End witch hunting
| Saturday, Oct 7 2006 4:15 PM
Last Updated: Saturday, Oct 7 2006 4:19 PM
We are in the middle of a witch hunt. Salem style. We are riding on a crest of fear brought about by collective ignorance. Salem style. We are over-reacting to a perceived threat, not a real one. Salem style.
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The subject is Proposition 83. We have been led to believe that children are in jeopardy in our schools and parks from strangers who prey upon the young. We are led to believe that anyone who was convicted of or pled to a charge of "child molestation" was then and is now a violent, depraved monster. Salem style.
The truth, if anyone is really interested, is that most acts that constitute molestation are of a non-violent nature. Let's look at some examples:
* We have laws that make it a crime to have sex with someone under 18. It makes no difference if both parties were willing participants. Under California law, two 17-year-old kids in the back of the Buick could be labeled sex offenders.
* California Penal Code section 647.6 is a misdemeanor. It covers acts that "annoy or molest" a child. It does not require any sexual touching or intent. Conviction requires registration.
* A lewd or lascivious act, under California law, includes a touching of a person with intent to sexually arouse the "toucher" or the "touchee." Many such "crimes" involve only minor touching of an arm, leg, ear, nose, forehead, etc. In many cases this involve family members.
The truth, if anyone is really interested, is that this proposition makes no distinctions between the violent predator and the indiscretions of youth or the single aberrant behavior of an otherwise "normal" person.
We have been led to believe that all people convicted of some sexual offense must be corralled and watched and hounded for the rest of their lives along with the truly violent, mental ill, sexual offenders that do, unfortunately, exist.
The truth, if anyone is really interested, is that the effect on those who are nonviolent and rehabilitated who have lived for 10, 20, 30 and more years as competent, caring, law-abiding citizens will be to force them to move out of their homes, to endure 24/7 supervision, and probably cause them to lose their source of income. All because we have been taught to be afraid. Very afraid. Salem style.
We are being asked to spend more than $500 million to protect who? The children in our schools and parks are the least likely to be subjected to this acts in those places. Is GPS a good idea for sexually violent people? Maybe. But this proposition takes away the right of the people who can best determine that to do so.
Be afraid, very afraid, of the sound bite that makes this proposition sound logical. The truth, if anyone is really interested, is that this proposition is a witch hunt at the high cost of $500 million. Salem style.
Gael Mueller is a Bakersfield defense attorney.