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	Stronger Child Rape Penalties Outlined By John J. Monahan Telegram & Gazette May 21, 2008 http://www.telegram.com/article/20080521/NEWS/805210577/1116 BOSTON— House Democratic leaders and Worcester District Attorney Joseph Early Jr. joined Attorney General Martha Coakley yesterday to outline a proposed new child protection law they said would provide new powers to track child predators on the Internet and impose mandatory minimum sentences for repeat child rapists and those convicted of aggravated child rape. But proponents of Massachusetts' adoption of a version of Florida's Jessica's Law, which would impose mandatory sentences on all child rape convictions, said the proposed law is not tough enough on child rapists. Among them is state Rep. Karyn E. Polito, R-Shrewsbury. "It doesn't go nearly far enough to protect children, and may give the appearance that we are tough on this issue, when in fact we are not," said Ms. Polito, who has pressed for action on her own legislation to impose mandatory sentences for all child rapists. "Under this proposal we still don't have a mandatory minimum sentence for rape of a child," she said. The House Democrats' proposal unveiled yesterday is backed by House Speaker Salvatore F. DiMasi, a group of district attorneys and the attorney general. It would impose a 10-year mandatory minimum sentence for child rape when a weapon is used, the victim is drugged, or the perpetrator is in a position of trust or authority over a child, such as a teacher, coach or clergyman. It would also impose minimum sentences of 10 to 15 years for child rape for those previously convicted of crimes such as indecent assault and battery against a child or attempted rape of a child. The legislation would create three new criminal charges with mandatory minimum sentences — aggravated forcible rape, aggravated statutory child rape, and aggravated assault and battery on a child. Another provision would allow the state and police to obtain the names of Internet subscribers using only administrative subpoenas instead of court-authorized subpoenas. Ms. Coakley said that would help investigators track down online child predators. Ms. Coakley hopes the proposal will get support of child victim advocates and others who have sought minimum sentences for child rape, including Ms. Polito. "You have an inclusion of minimum mandatories now for the most heinous of crimes, which is what I think most people are concerned about, making sure of that for the very dangerous, the serial sexual predator who will abduct a child, rape and murder," Ms. Coakley said. "That is Magi Bish's issue. I think that is Karyn's issue," she said, referring to Ms. Polito and to the mother of Molly Bish, the 16-year-old Warren girl who was abducted from her lifeguard post and killed in June 2000. Ms. Coakley said the proposed legislation will provide sentencing flexibility to prosecutors in cases of child rape that lack aggravating circumstances. She and other prosecutors have sought such flexibility to protect their ability to work plea arrangements with lower sentences in cases that could depend on a young child witness who may have trouble testifying at a trial. "You know a child who is raped may not be able to testify. That's what we live with that the representative doesn't," Ms. Coakley said of the difference between her view and that of Ms. Polito. "It also addresses the day in day out abuse of someone who is close, such as we saw in the church scandal. This addresses what I see as the real problem in Massachusetts." Mr. Early said the child rape laws need updating, and the new proposal gives prosecutors leverage they do not have now to get convictions. "When we have a child who takes the stand and has to face that monster again, in many cases they get re-victimized," Mr. Early said. "What the bill does is gives us some increased penalties, and at the same time protects the children. "If we can get a case resolved without the child having to testify, it is a win-win situation. We get the predator off the street. We get them into a system where they have the traditional probation sentence. They are on the monitor. They have the mandatory part of probation, so they go to coping skills classes and things like that, if and when they get out," Mr. Early said. "For repeat offenders we now would have minimum mandatory sentences, which we didn't have before. Which will keep these predators, these monsters, locked up behind bars," he said. "It's very tough on repeat offenders." Ms. Polito insisted, however, that the proposal "sends the wrong message to people and families with children in this state. I think we have to have a mandatory minimum for any rapes of a child, regardless of any aggravated circumstance." Ms. Polito agrees with provisions in the House Democrats' bill that recognize teenage sex as a separate type of offense and excludes teenage sex that is noncriminal from the harsher child rape penalties. She has proposed changes in current law to impose a 10-year minimum sentence for rape of a child under 16 years old, and a 20-year mandatory prison term if the victim is 12 years or younger. Ms. Polito, who has led the fight for tougher child rape laws in the House for more than two years, said she was pleased to see the bill advance, because it will bring the issue to the House floor before formal sessions of the Legislature end for the year on July 31. She said Mr. DiMasi had agreed to bring a bill to strengthen child rapes laws for a vote before the end of May, in exchange for her agreement three weeks ago during a budget debate to drop a budget rider that linked adoption of a child rape law to passage of the budget. She said she may propose an amendment for harsher penalties for child rape when it gets to the floor. "I want to strengthen it," she said of the proposed legislation. Contact: jmonahan@telegram.com.
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