Our Story:

In May 2007, my husband and I were asked to assist our neighbor across the street, a widow in putting her 14 year old dog down because she was not strong enough to do so, on her own. As we own several dogs, we can not bear to see an animal suffer, we agreed to support her. The almost 16 year old daughter of the widow witnessed this discussion and protested the action vehemently.

One week later (the day before the planned euthanasia) in the early evening a county police officer and an investigator stood on my front porch. The investigator who whisked my husband of fifteen years into his vehicle told him that the almost sixteen year old girl across the street had accused him of touching her.

My husband was never alone with the girl and he is a moral and truthful man. We were shocked by this claim but certain nothing could or would come of it, unfortunately we were wrong.

We began the fight of our lives.

While interviewing attorneys’ we learned that in the state of Virginia, aggravated sexual battery needs NO corroboration, the accusation alone is sufficient. We were also told by numerous lawyers whom we interviewed that our county was known for prosecuting every accusation and that some jail time would be expected. We also learned that Virginia eliminated parole in 1994, so if he was sentenced to jail he’d serve the full sentence.

We hired a private investigator to look into the accuser and her parents. The private investigator uncovered many examples and facts that would have proven my husband’s innocence. But in a criminal trial with a minor it’s ALL inadmissible. Our investigator also discovered that the neighbor’s thought very highly of both my husband and I and they did not believe the accusation for a minute.

The first preliminary hearing in the early autumn of 2007 ended without the accuser or her mother showing up and the prosecutor claiming they had not even interviewed the girl. Four months since we learned of the accusation and 2 ½ months since the warrant was issued and the county hadn’t even interviewed the accuser, unbelievable!

Six weeks later we arrived to the second preliminary hearing to hear our lawyer advising us that the county was offering a plea deal and our lawyer suggested we take it. This caught us both off guard and we felt blindsided because we had previously told our lawyer that we would not plead guilty under any circumstances.

The county was willing to drop the second felony completely and reduce the other felony to a misdemeanor. But they wanted my husband to plead guilty and he’d become a registered sex-offender. We of course refused; he would not plead guilty for something that never occurred. The lawyer came back and said they’d accept a no contest plea; my husband would still become a registered sex offender for at least the next ten years if not for the rest of his life. If we didn’t take it a court date would be set for five to six months out and some jail time would be expected. We were given 5 minutes to decide what it turns out would define our lives; not knowing better, we took it.

He pled no contest (Alford plea) and he’s now a registered sex-offender.

It still boggles our minds that the county was ready to schedule a trial where he would be facing life in prison plus twenty years but then offers a plea deal where they’ll accept an Alford plea (no contest) and his punishment to become a registered sex-offender. If the county thought he was guilty and should go to prison for life, why would they offer this deal? I truly believe it’s because they knew he was innocent but they prosecute every accusation no matter what.

We had our first surprise visit in February 2008 from the Virginia State Trooper Sex Offender Task Force verifying if my husband lives at our address. One of the two trooper’s standing on our front porch claimed that my husband registered back in July 2007 and I had to correct him was in the autumn.

Slightly off the topic; you can not buy life insurance while on probation. That was an uncomfortable discovery we found with our insurance agent of almost eleven years when we were more than halfway through a routine upgrade of our policy.

In early May of 2008 both the probation officer and the court appointed therapist (which we had to pay for) closed my husband’s case because they had determined he was not a threat to the community and expressed that he was wrongly prosecuted. We seriously considered moving to Canada, until we discovered in June that Canada will not allow anyone with a conviction to become a citizen.

In mid-July 2008 we experienced our second visit of the year from the Virginia State Trooper Sex Offender Task Force. This time, the one trooper went to the wrong house (two doors down) and knocked on their door for a good five minutes. My husband and I watched this as we sat on our front porch. The trooper finally made it to our home after speaking to our neighbor.

In early September 2008 I learned of a pending bill (HR5722) in Washington titled the International Megan’s Law. If passed this bill would require all registered sex-offenders to submit a request for permission and wait for approval for the registered person to leave the United States whether on vacation or on business.

In early October 2008 the Virginia State Trooper Sex-Offender Task Force member assigned to my husband advised him that a sample of his DNA is required before he re-registered.

We could not understand this request as he is classified as a “non-violent offender” (deemed a non threat by the courts) and his DNA was not required when he was convicted almost a year ago. After searching the Virginia General Assembly web-site we discovered that back in January 2008 the Virginia Legislators passed a new law to collect the DNA of all registered sex offenders. They also passed a law that increased the minimum time on the Virginia Sex Offender Registry from 10 to 15 years before a petition would be allowed.

We were floored, no one advised us of these new laws. In fact, failure to register increased to a Class 6 Felony, but he was never notified of any of these changes and it was not posted on the Virginia State Police web-site. Actually none of the restrictions and regulations that those on the registry must abide by are listed on the VSP web-site.

Our state (our country) is creating new laws and restrictions but is not advising its citizens of the changes. It’s as if they think it’s a game, “who can we trip up”?

We now prosecute based on what a person may do as opposed to an actual violation of law.

Our plight is no doubt shared by thousands whom have done no wrong but yet have been convicted by unjust laws.

The situation that has been imposed to us 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 the United States without giving them the opportunity to testify in their own behalf is clearly a violation of their Constitutional Rights.

The lawmakers need to be made aware that they are truly skirting the boundary of the Constitution and beginning to skirt the laws of Humanity.

We know that without our story and support, change will not occur and so we have formed the RSOL of Virginia.  

The Governor could pardon my husband tomorrow and we would not stop lobbying for reform. Until those who do not belong on the registries are removed, until those that are on the registries have a chance to live a safe and productive life and until those that have been civilly committed are only the most heinous, repeat and untreatable offenders that exist, we will speak out.

We are doing this for everyone listed today and everyone that could be listed tomorrow.

*As of June 2009 the 16 year old deaf, frail and ignored dog across the street lives on, it was spared a humane death, but my husband and I were not so lucky.