Posting #39 – Rick’s Story

By: Rick
Date:  02/28/2009

Dear RSOL of Virginia,

I became very interested when reading your story. While my case happened in a different state, all the same elements are there. I was told either I plead out or be charged with a felony.

My lawyer advised a plea since going to court on a felony charge was too risky even though the girl was institutionalize and the "crime" never happened. Its almost impossible to prove that something didn't happen even though they need no real proof something did happen except for the word of a institutionalize girl.

I am in my mid-fifties and disabled and the lawyer felt in addition to the risk of a trial being convicted of something, I might not be physically able to withstand a long trial. I lost my wife, my house and almost my business and spent $125k in legal fees.

I pleaded to a non-violent misdemeanor which was the lowest SO charge on the books. The actual charge was unauthorized touching. There was no option for a "no contest" plea in my state. I was never jailed and just received probation. Not even a suspended sentence, just probation.

At the time I was told I'd be listed as a Level 1 offender which is was for 5 years and my state did not publish Level 1 offenders. After moving to Virginia my case was up in the air for a year since my state had a non-public list for Level 1 offenders. Then Virginia made the decision that all SO’s were to be on their public list for 10 years. I was devastated to say the least.

I only now found out about the increase of 10 to 15 years thanks to your website. I was never told this by the state police or by my probation officer, I still can't believe that its even true.  

I'm on probation for another couple of years, 5 years total. My probation officer treats me as if I'm a convicted felon since they have no cases other than felons. I must show up physically at their office once a month and they keep telling me about some other regulation that I've never seen written down or was informed about previously. The court didn't even set any probation requirements on me other than reporting once a month by mail. Sure wish the probation officer would follow what the court said not what they normally do with others who are on parole. I reminded them again on my last visit that I plead to a misdemeanor they said so what, it should have been a felony. Jeezzz, can't get no respect.... 

I got nailed in a speed trap a few weeks back. They charged me with reckless driving although I don't believe I was going that fast. I wonder if the county cop knew that I was on the SO list and decided to goose up the speed. You can't argue with them regardless. My probation officer told me since reckless driving is a misdemeanor (Note that it’s not a less serious crime than the SO). At any rate, they told me that I might be in violation of my probation which could be a felony. This a joke, right? I hope...
I consulted with a lawyer and after saying there was little he could do, he suggested I get back in touch if they do anything I can't live with, then maybe he could get involved.

The ACLU of Virginia told me they are not interested in any SO cases right now. Know any good lawyers?

I applaud you for taking your situation public and raising awareness of this abuse. And I applaud you personally for standing by your husband.

I wish I had the guts to take a chance and be more public about it but after what I'm been though in the last 5 years, frankly I'm scared.  

Thank you.
Rick