Sex Offenders Are Targeted
By Shaun Sutner
Telegram & Gazette
July 19, 2008
http://www.telegram.com/article/20080719/NEWS/807190349/1116/NEWSLETTERS08
With a new child sex crime bill based largely on the efforts of state Rep. Karyn E. Polito, R-Shrewsbury, awaiting the governor's signature, the legislator has reason to be pleased — but not too much.
Ms. Polito has over the last three years advocated for a stricter version of the measure known as "Jessica's Law," named after a 2005 law in Florida. A weaker version was approved Tuesday by the state Senate.
The legislation calls for mandatory minimum sentences of 10 and 15 years for aggravated rape of a child and for sexual assaults on children by offenders such as teachers or guidance counselors, and gives district attorneys more authority in prosecuting child sex abuse cases by not requiring approval of a judge to subpoena
witnesses.
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| Ms. Polito |
Ms. Polito, who has sent a letter to Gov. Deval L. Patrick urging him to sign the bill into law, said that while she is disappointed that even stricter provisions such as mandatory 10-year sentences for any rape of a child were not included, she sees the bill as a major improvement.
"I would not underestimate how much this is an important bill to everyone," said Ms. Polito, who has garnered national media attention for her advocacy of cracking down on child sex abusers.
"It's a fair one, and though it doesn't go as far as I'd like, it does represent progress when it comes to protecting children," she said.
While critics of this bill and others that impose mandatory minimum sentences argue that judges should have discretion in sentencing because they have the most expertise, Ms. Polito maintained that judges in general have been too forgiving of child sex predators.
The legislator, a lawyer and mother of 3-year-old and 5-year-old children, noted that a provision that she and others in the Statehouse's small Republican contingent managed to insert in the bill requires district attorneys to report each year the results of all child sexual assault cases.
That record-keeping will help gauge whether the law is working and determine whether lawmakers need to amend it in coming years to make it more effective, Ms. Polito said.
"The reason this bill is even before the governor now is because some members of the judiciary have been lenient in rape of a child cases," she said. "Now the ball is in their court. The judiciary has received the message from the public and the Legislature that they need to toughen up."
Ms. Polito said one key measurement of the effectiveness of the law, should the governor sign the bill as expected, will be if rates of imprisonment increase.
Now, too often child abusers, even if sentenced, serve less time than they should, she said.
She said that law enforcement officials with whom she has worked on the bill, including Attorney General Martha Coakley, were in consensus about that point, even while diverging on other issues.
Ms. Coakley and the district attorneys opposed the proposal to include minimum mandatory sentences for rape of a child.
"We do agree that changes need to be made because of the numbers of sex offenders getting out," Ms. Polito said.
In the Senate, while the chamber's five Republicans eventually ended up supporting the measure, the one lawmaker who cast a "no" vote in the 35-1 decision, Cynthia S. Creem, D-Newton.
Ms. Creem argued that mandatory sentences contribute to prison overcrowding and that targeting "mandatory reporters" such as teachers and guidance counselors was unfair.
Opponents of stricter mandatory sentences also have argued that they would inhibit plea bargains, leading to the possibility of acquittals.
The governor, who received the bill Thursday, has 10 days from then to sign it.
Cynthia Roy, a spokeswoman for Mr. Patrick, said he is reviewing it.
Contact Shaun Sutner by e-mail at ssutner@telegram.com.
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