Sexual Predators Prosecution Too Harsh and Disadvantageous

Sexual Predators Prosecution

TOO HARSH AND DISADVANTAGEOUS

Sexual Predators' Prosecution

Sexual predators are persons who sexually victimize other persons (ILGA, 2009). They may be rapists, molesters, peeping toms or sexual deviants. A sexual deviant is convicted for rape, attempted rape, child molestation or abuse, incest, sodomy or indecent sexual assault or exposure. A judge may, however, convict a sexual predator for a crime unrelated to the sexual act. If the offender takes a child from home without parental consent, he may be convicted for kidnapping. As of 2009, 17 States have laws that penalize sexual predators, specifically a sub-class of sexually violent predators or SVP. Of these 17, Illinois adopted and enforces the broadest definition of SVP as sex offenders who victimize persons below 18 years old, regardless of past convictions. The other 16 define SVPs as those who victimize others below 12 years old and who have prior sex convictions and/or whose crime is aggravated by violence (ILGA). These new laws and penalties are too harsh and disadvantageous to the people of Illinois.

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Illinois laws define a sexual predator as a person convicted of a violation or attempted violation of certain sections of the Criminal Code of 1961 with the conviction occurring after July 1, 1999 (ILGA, 2009). The Illinois Sex Offender Registration Act requires sexual predators to register every 90 days every year for 10 years. Registration begins from conviction for those sentenced for probation. Those sentenced to the Illinois Department of Corrections, another State's department of correction or federal corrections must register for 10 years from final parole, discharge or release. After completing the 10 years requirement, their information will no longer appear on the website. A list of felonies and misdemeanors includes indecent solicitation of a child or an adult, juvenile sexual exploitation or pimping, and child pornography. The qualifying criteria for registration are if the offender is found not guilty by reason of insanity; with a finding not resulting in an acquittal; whose conviction or adjudication for a violation is equivalent to the listed offenses; if a juvenile who is adjudicated delinquent for any of these listed offenses; or adjudicated as sexually dangerous or violent (ILGA).

The new legislations, which will become effective in Illinois by January 1, cover sex offenders evaluations, changes in child sex offender definition, sex predators who lure a minor, sex trafficking, and child pornography (Eriksen, 2012). Sex offender evaluations or SB 3638 require juveniles who want to have their information taken out of the registry must receive a risk assessment. The definition of child sex offender of SB 3258 will be changed to include sex offenses with victims younger than 18. HB 5280 states that a person who lures a minor and who has been convicted twice shall be declared a sexual predator. The legislation on sex trafficking or HB 5278 allows prosecution of offenders for sexual trafficking and sexual servitude for a minimum of 1 year after the victims turn 18. But it cannot be less than 3 years from the occurrence of the offense. And the legislation on child pornography or HB 5235 clarifies statutes on child pornography for victims younger than 18 and provides stiffer penalties for victims younger than 13 (Yeagle).

A person convicted of a felony, such as sexual predator's offense, in Illinois can be sentenced from probation to the death penalty, according to the judge's estimation (ILGA, 2009). He is meted with imprisonment and a fine. His parole is also based on his sentence. The judge does not follow standard prison terms. He can even extend them in the case of repeat offenders or according to the circumstances of the crime. If the offender commits first-degree murder on the victim, he can be sentenced to the death penalty and a maximum fine of $25,000 plus a surcharge. If he commits second-degree murder, he can be sentenced to 4-20 years and the same maximum fine as for a first-degree murder. Mandatory parole is two years. Class X felony covers aggravated criminal sexual assault, armed robbery and attempted murder. The sentence is 6-30 years and the same maximum fine. Mandatory parole is 3 years. Class 1 felony for criminal sexual assault and possession or heroin or cocaine and theft can be meted 4-15 years. Mandatory parole is 2 years. The Global Positioning System, which monitors paroled sexual predators, prohibits custody or visitation by a convicted father whose sex crime resulted in the conception of the child. Illinois laws prohibit sex offenders from schools and other places where children gather (Eriksen, 2012; ILGA).