Emily Ramshaw of the Dallas Morning News reports on concerns by victims advocates in, "Child sex bills raising concern."
Texas lawmakers who want longer prison terms for sex offenders – and possibly even the death penalty for repeat child molesters – have run into unlikely opposition from victims' rights organizations and prosecutors.
Opponents say many of the changes, proposed in bills filed for the upcoming Legislature, actually could make it harder to get convictions in jury trials and give sex offenders greater incentive to kill young victims.
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More than 30 bills dealing with sex offenders have been filed in advance of the session, including several from North Texas lawmakers. But while Jessica's Laws appear to be politically palatable in Texas, experts say the opposition from victims' rights groups and prosecutors is an unusual twist
"We're definitely not concerned with the intent," said Annette Burrhus-Clay, executive director of the Texas Association Against Sexual Assault. "We're concerned with the unintended consequences."
For example, prosecutors and victims' groups fear heightening sentences will make sex offenders less likely to plead guilty, clogging courts and forcing child victims to take the stand in extended jury trials. Because of strict rules on what evidence can be admitted and credibility questions surrounding child witnesses, sex offender convictions are already difficult to secure, they say. Longer minimum sentences will only make juries more hesitant to convict.
A death penalty provision for repeat child molesters opens another can of worms, Ms. Burrhus-Clay said. Ninety percent of child-sex victims know their offenders, she said; "Imagine the pressure the family would experience if grandpa could be given the death penalty." Worse, she said, sex offenders might be inspired to kill their victims to prevent the child from testifying.
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Victims' rights groups and prosecutors say they know some type of sex offender legislation is inevitable and that they're ready to work with lawmakers to craft something workable.
Mr. Edmonds said that could include substituting life without parole for a death sentence that likely would face many appeals. While several other states have approved capital punishment for certain child-sex offenses in the last year, he said, a Louisiana death row case is working its way through the courts and will likely include a constitutional challenge.
"We won't have an answer for several years," he said. "Prosecutors don't want to waste a bunch of time on something that may or may not be constitutional."
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