Non-Sex-Offender Must Register As One

[MMMMMM]

Of all the stupid court rulings or misguided laws I can recall reading about recently, this one might take the cake.

"He grabbed girl's arm -- now he's a sex offender

July 1, 2005

BY STEVE PATTERSON Staff Reporter

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

http://www.suntimes.com/output/news/cst-nws-molest01.html

OK: so the law says that "unlawful restraint of a minor" is a sex offense. The law might be stupid here, rather than the court which ruled on this particular case. But what IDIOTS would make a law like that in the first place?

[kurto]

if I thought of what "unlawful restraint" meant, I would picture something more akin to kidnapping.

This is pretty stupid. I hope he has an appeal on this decision.

I would think every teacher and high school principle could be charged as sex offenders if this holds up.

[ACPlayer]

The sex offender registration is offensive. Understandable, but offensive.

[OtisTheMarsupial]

You can't touch anyone in a threatening manner without their permission. Simple as that. No grabbing arms, no butt pinching, no unwanted hugs... It's assault.

Switching subjects, I think sex offender registries are stupid in the first place. I say, if someone has done their time and is deemed "rehabilitated" or "adequately punished" then they should be free. The damage those registries do is unfair.

I say, if they need a registry to keep other people safe, then the people on the registry shouldn't be free in public, they should stay locked up.

That's just my opinion. My current opinion. And it could change.

[Dead]

[ QUOTE ]
You can't touch anyone in a threatening manner without their permission. Simple as that. No grabbing arms, no butt pinching, no unwanted hugs... It's assault.

[/ QUOTE ]

This dumb bitch was jaywalking, first of all. Maybe you've never been in a car accident before, but there is a lot of adrenaline going through you, and this was close to being one. It is partially the community's responsibility to raise a child, and If I were this girl's dad I would be glad that this motorist took the time to try and knock some sense into her.

[MMMMMM]

Otis, I agree you can't legally do what he did, but as you say, that is possibly assault--it's certainly not sex offense in any rational meaning of the term.

[[censored]]

Yes it has been quite clear that our legal system has lost all common sense.

[kurto]

[ QUOTE ]
You can't touch anyone in a threatening manner without their permission. Simple as that.

[/ QUOTE ]

What if you're breaking up a fight? Or stopping a child from vandalizing? Seems like you should have have room to grab someone.

[shots]

[ QUOTE ]
You can't touch anyone in a threatening manner without their permission. Simple as that. No grabbing arms, no butt pinching, no unwanted hugs... It's assault.

Switching subjects, I think sex offender registries are stupid in the first place. I say, if someone has done their time and is deemed "rehabilitated" or "adequately punished" then they should be free. The damage those registries do is unfair.

I say, if they need a registry to keep other people safe, then the people on the registry shouldn't be free in public, they should stay locked up.

That's just my opinion. My current opinion. And it could change.

[/ QUOTE ]

In one way I agree with you those people that're such a hig risk to re-offend shouldn't be let out of jail. But since the system is what it is they have to be let out of jail, but if there's a child rapist living a block down from you who's a high risk to re-offend and you have young children wouldn't you want to know so you can make sure your kids are safe?
I recently had police officer show up at my house and give me a poster with the picture of a sex offender who moved into my neighbourhood I have fairly young sisters that I take care of sometimes I'm sure glad I know were that scumbag lives and was able to show my sisters his picture so they know what he looks like.

[vulturesrow]

Sex offenders have very high recidivism rates. You can either keep them locked up forevver (fine with me) but if you are going to let them out, I have 0 problem with registries.

[fluxrad]

[ QUOTE ]

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

[/ QUOTE ]

It's a good thing he made the guy register.

Othewise it would have been judicial activism.

[lehighguy]

It doesn't sound like assault at all to me. It sounds like a man trying to discipline a child that has misbehaved.

He didn't hit her, he didn't hurt her. This is the stupidest goddam thing I've ever heard.

[lehighguy]

No, it would be common sense. Common sense is not illegal.

[shots]

This is actually true, if they were constrained by the statute then they had to rule the way they did. Judges are not above the law they're supposed to enforce and interpret the law they don't have the authority to ignore the law no matter how stupid that law is. Even though this conviction went against the spirit of the law it didn't go against the letter of the law. Clearly the problem is with the law itself it was poorly written and so the appelate court judges had no choice but to uphold the ridiculous sentence. If the law says everyone convicted of a sex crime must register as a sex offender and he was convicted of a sex crime the appelate court didn't really have a choice. What needs to happen is the law needs to be rewritten so that the judge can determine weather or not the sex crime statute should apply on a case by case basis. So if there was clearly no sexual motivation for the crime the judge could rule that that person didn't have to register as a sex offender. It's a fairly common sense change to the sex offender laws and one would would think an easy enough one to make.

[MMMMMM]

Actually, lehighguy, I'm not sure of the exact definition of assault. You might be right.

[RicktheRuler]

[ QUOTE ]
In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

[/ QUOTE ]

Yes, I suppose it was possible he was going to chastise the young girl and then put it in her pooper. /images/graemlins/confused.gif

[lehighguy]

Judges should have some leniency when it comes to common sense.

[shots]

They should, but if the law is written in a concrete way then they don't. To rule against a clearly written law would be judicial activisim. What we need is some common sense when the laws are written.

[CORed]

I think castration (inluding amuptaion of the penis) is also a viable option. I don't think it's likely to be instituted any time soon.

[BCPVP]

[ QUOTE ]
It doesn't sound like assault at all to me. It sounds like a man trying to discipline a child that has misbehaved.

He didn't hit her, he didn't hurt her. This is the stupidest goddam thing I've ever heard.

[/ QUOTE ]
Actually, he probably could be charged with assault, but he shouldn't have been convicted of a sex crime.

legal definition of assault:
[ QUOTE ]
assault 1) v. the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.

[/ QUOTE ]
http://legal-dictionary.thefreedictionary.com/Assault

[prana]

[ QUOTE ]

I would think every teacher and high school principle could be charged as sex offenders if this holds up.

[/ QUOTE ]

word

[Talk2BigSteve]

[ QUOTE ]
if I thought of what "unlawful restraint" meant, I would picture something more akin to kidnapping.

This is pretty stupid. I hope he has an appeal on this decision.

I would think every teacher and high school principle could be charged as sex offenders if this holds up.

[/ QUOTE ]

in loco parentes(In lew of the parent) covers them.

Steve

[BadBoyBenny]

From what I remember from college, assault is creating the apprehension of harm, which he may have done depending on the details. Most people mean battery when they say assault.

Anyway this whole ting sounds completely ridiculous, who here wants to email some legistors about this?