Are Virginian's Aware?


Are Virginians aware that their teenagers are having consensual sex which could result in the older teen being convicted of sexual assault, battery or rape, a prison sentence and being listed on the Virginia Sex Offender Registry for a minimum of 15 years or life?

Are Virginians aware that their teenagers are e-mailing and texting nude photos and videos of themselves and others? This could result in both teens being charged with creating, distributing and possessing child pornography with time in prison and being listed on the Virginia Sex Offender Registry for lifet.

Are Virginians aware that if they receive an unsolicited e-mail or text that is considered child pornography on their computer or phone and a service technician finds the old/deleted file they will be charged with possessing child pornography? Resulting in time in prison and being listed on the Virginia Sex Offender Registry for life. If the image(s) were deleted and not reported to the authorities additional charges for obstruction of justice could be added.

Are Virginians aware that if they have knowledge that their juvenile child is having consensual sex with someone of 18 years or older, they (the parent) can be convicted of indecent liberties by person of supervision and listed as a “Violent” offender on the Virginia Sex Offender Registry for a minimum of 15 years or life if they do not report the older teen?

Are Virginians aware that because of the “Victim’s Rights Laws & Rape Shield Laws” an ACCUSATION ALONE is sufficient for a conviction, a prison term of 5 to 25 years or even life and then being listed on a Sex Offender Registry as a “Violent” offender for life? (See bottom of page for more info)

Are Virginians aware that NO evidence, NO witness, NO dates or times have to be given by the accuser and that the accusation itself is entered as evidence during a trial in Virginia? The accuser or the prosecution is not required to prove a crime occurred; it’s up to the defense to prove a crime did NOT occur. How do you prove a negative?

Are Virginians aware there is no discovery in the Commonwealth? During a criminal trial in Virginia, at least in Sex Offense trials, a motion for discovery is not honored. Until you are sitting in court the accused has no idea what claims have been levied against them making preparation for a successful defense in a false allegation case impossible.

Are Virginians aware that the accuser only has 21 DAYS to recant a lie? Any amount of time after 21 days, the wrongful conviction, the sentence, the prison term and the label of Sex Offender stands. If a witness was found 15 years after a murder case that could convict the murderer or if DNA was discovered to free a wrongfully convicted person 25 years later why can’t an accuser recant?

Are Virginians aware they are no longer innocent until proven guilty in America when there is a sexual claim; they are guilty and not allowed to prove their innocence?

There is a huge difference between stealing a newspaper and robbing a bank, both crimes are considered theft but both are differentiated by law and society. Are Virginians aware that the current laws that label someone as a Sex Offender in the U.S DO NOT differentiate? Whether you are accused of teenage consensual sex, sexting, urinating in public, mooning, streaking, flashing, pinching or touching someone or being a serial rapist upon your return to society, conviction and sentence will be the same.

Are Virginians aware that in both 2006 and 2008 the Virginia General Assembly re-classified ALMOST ALL (90%) “Non-Violent” Offenders who were not considered any threat by the courts based on the evidence of their particular case to a “Violent” Offender status? This re-classification by the Virginia General Assembly increased the “registered” person’s time on the Virginia Sex offender Registry from 10 years to a lifetime and changed their in-person re-registration from once a year to every 90 days.

Are Virginians aware that the Federal Adam Walsh Act recommends a Three Tiered Classification System, but Virginia has ignored this recommendation? Tier-One Offenders would update their whereabouts once a year for 10-15 years, while Tier-Two Offenders would update every 6 months for 15-25 years. Tier-Three Offenders (the Most Violent AND Repeat Offenders) would be required to check in every 3 months for the rest of their lives. The Tiers would be set by the court based on the evidence from each case and Legislators could not change the classification on a whim and retroactively. Tier-One Offenders could also be left off the Public Registry.

Are Virginians aware that the Federal Adam Walsh Act does not even suggest Residency Restrictions for Registered Sex Offenders? But, Virginia has gone beyond the SORNA recommendations by enacting a 500 ft. residency restriction.

Are Virginians aware that in October 2008 1 out of every 210 adult males in Virginia was listed on our Sex Offender Registry? As of June 2011 it has escalated to 1 out of every 171. Every year approximately 1,200 to 1,500 new people are added to the Virginia Registry, that’s 23 to 29 Virginians per week.

The situation that has been imposed upon the “Registered” is that; under the guise of protecting our children, the Legislators are in fact repeatedly trying, convicting and re-sentencing Citizens without even notifying them that this has occurred. To resentence a Citizen of Virginia and the United States without giving them the opportunity to testify on their own behalf is clearly a violation of their Constitutional Rights.

Our Legislators have taken a group of people and used them as a platform to win elections and instill fear into the parents of our country so that they look like heroes. People that are not child-molesters, pedophiles and perverts have all been bucketed into one massive Registry and must endure a lifetime of shame.

The Sex Offender Registries are extremely costly both financial and to the families of the registered. It will cost $16 Million for Virginia to comply with the Adam Walsh Act, but the state would only lose $600,000 (Byrne Grant) if they do not comply. Contrary to popular belief among the Legislators there is indeed hardship related to being listed on a Sex Offender Registry. The lives being destroyed are not just the “registered”, but their spouse, their children and every family member sharing their name and address.

When you are a Registered Sex Offender, you struggle to find and keep housing, employment and your family because of the stress and humiliation that the Registry creates within yourself, your neighbors, your co-workers and vigilantes looking for justice for a victim they don’t even know.

The Sex Offender Registries are not protecting anyone, they are a means to humiliate, degrade, re-prosecute and destroy the lives of thousands of innocent Citizens.

Our Legislators need to rectify this mess they have created by bucketing ALL sexual related acts into Sex Offender Crimes. The broad brush that the Legislators have been allowed to use across our population will continue to grow until it reaches into your home and labels you and your family.

The Registries need to be returned to their original intent, to list only the most dangerous, untreatable and repeat offenders

I- Virginia’s Rape Shield Laws:

The Rape Shield Laws in Virginia were extensively expanded in 2007 by Delegate Steve Shannon, HB3085
http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+HB3085

Already Included:
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+18.2-67.7 http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+18.2-67.8

Added with HB3085:
http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+18.2-370 http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+18.2-370.01 http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+18.2-370.1

II- Romeo and Juliet’s who get Married:

Governor Tim Kaine in 2008 pushed for legislation to repeal the “marriage defense” portion of Virginia code that had existed since 1950. Resulting in all boyfriend’s and girlfriends who have sexual relations where one participant is 18 years old and the other is less than 18 years old to be criminally charged resulting in a lifetime of being labeled a Violent Sex Offender.

Kaine's Proposed Reforms Aim to Protect Sex Crime Victims, January 3, 2008:
http://hamptonroads.com/2008/01/kaine%2526%2523039%3Bs-proposed-reforms-aim-protect-sex-crime-victims

Companion Bills- 2008 Session:
HB597- Delegate Jennifer McClellan http://www.richmondsunlight.com/bill/2008/hb597/
SB608- Senator Ken Stolle http://www.richmondsunlight.com/bill/2008/sb608/

III- A Real Life Example of How Every Virginian is Just One Accusation Away from Being Labeled a Sex Offender:>

Sex Offender Registry: The Result of Legislative Predator Hysteria, December 5, 2010:
http://hamptonroads.com/2010/12/sex-offender-registry-result-legislative-predator-hysteria

IV- Polygraphs:

HB1043- Delegate Vivian Watts http://lis.virginia.gov/cgi-bin/legp604.exe?081+sum+HB1043

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