Court wants sex offender law revised
Supreme Judicial Court

Court wants sex offender law revised


Retroactivity at issue
By Clarke Canfield
The Associated Press
BANGOR DAILY NEWS PHOTO BY JOHN
Mills

PORTLAND, Maine — Maine’s highest court on Tuesday upheld a lower court ruling that a 1999 law requiring certain sex offenders to be placed on a sex offender registry for life cannot be applied retroactively.

In its ruling, the Maine Supreme Judicial Court gave the Legislature until March 31 to revise the law.

The case was brought by Eric Letalien, a Dixfield man who was 19 when he was convicted of rape in 1996 for having sex with a 13-year-old girl. At the time, he was required to register as a sex offender for 15 years, but was also allowed to seek a waiver from the registry after five years.

Under changes to the law in 1999, he was required to register as a sex offender every 90 days for the rest of his life. The updated law also took away his right to ask for a waiver.

In its ruling, the court said it was unconstitutional to apply those changes retroactively.

David Sanders, Letalien’s attorney, said the ruling was a victory for his client. He contends his client and others among the 3,000 people on the registry are not at risk of repeating their sex offenses.

“If this was truly administrative, wanting to protect society from individuals, then you have to find that the individual in question who’s going to be ostracized, who’s going to be humiliated, who’s going to be shamed, is in fact a risk to society. A mere conviction doesn’t prove that,” he said.

Attorney General Janet Mills said the justices did away with the more punitive aspects of law as they are applied retroactively while affirming the state’s interest in having an Internet sex offender registry.

It’s now up to the Legislature to make the changes the court is seeking, she said.

“We’re comfortable the court has given us guidance,” she said.

Sanders said his client did his time and had counseling. He’s now 35, is married, and has a daughter and stepchildren.

“He just wants to get on with his life and that ought to be allowed,” Sanders said.

The sex offender registry has gone through a number of changes since it was created in 1992.

It attracted national attention in 2006 when a 20-year-old Canadian man killed two sex offenders in Maine after randomly getting their names from the state’s online registry.

One of the murdered men, Joseph L. Gray, 57, of Milo was on the registry as the result of a 1991 conviction in Massachusetts. As a result of the court’s decision Tuesday, Gray’s name most likely would be removed had he not been killed.

Last year, lawmakers allowed some registered sex offenders to be removed from the registry, upon their request, provided they complete their sentences, commit no additional crimes and meet other standards. In November, the state announced that 100 names of people convicted of offenses that happened between 1982 and 1992 had been removed from the list.

Associated Press writer David Sharp and Bangor Daily News writer Judy Harrison contributed to this report.

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Comments
33 comments on this item

When they commit these awful crimes they give up their rights to privacy. We as a society need to protect our children from these sick individuals. I believe if you are convicted of a sex crime you should have to register on the sex offenders lists, if you want privacy and dignity think before you act. Your "victims" never get their self esteem or self respect back! To many ways now a days to get away with crimes...please vote this down! If we keep letting things "slide" pretty soon it will NOT be safe to leave your house.

This case is not so much about Sex Offenders, as it is about the governments ability to enact post facto law, or double jepordy penelty. What if it is another crime, say speeding, thats one that you wont hear lots people shout about, lets say that the day you go to pay your speeding ticket, the rule is 3 speeding tickets in 6 months= loss of licence for 60 days, since this is only perhaps your 3rd in 6 month, you spare the hassel of fighting over the fact that the radar gun was broken, and just pay it. All is said and done, well lets say the legislature gets together and says "hey you know what 3 in 6 is not slowing people down- lets make it 2 tickets in 3 months- Now the day you got your ticket, the rule was different, but if we allow for a retroactive law, then you could get a notice that you would lose your licence. Or how about if an activity was legal when you engaged in it, like fishing without a licence in salt water, and you engaged in that last year, if the new law states you must posses a licence to fish in salt water, should the government be able to penalize you for that fishing in salt water last year?

This case is hard, because everyone hates sex offenders, but even so, disregarding the constitution and its guidelines is a bad bad thing to do.

If you hold it good in this standard, it becomes easier in the next standard, retroactive laws for other stuff.

I like to be safe, but if we sacrifice our guidelines to liberty , in exchange for safety, we shall have niether saftey, nor liberty.

let's HAVE A REGISTRY FOR HOME-INVADERS AND THEIVES. And one for wife-beaters too Oh JUST REGISTER EVERYBODY.

these people do not deserve anything less than what they already get, a slap on the wrist. keep thjere names on the list, along with thier slimey pics so the world knows not to leave any kid under age away from scum like this. what's next, no charges if they say the kid said yes. keep thier pics on here i say, and the victim should have some say bout this anyhow.

marsexplorer-thank you for seeing this court ru;ing what it is, a constiutional issue. Posters will get caught up in the crime mentioned and lose sight of the bigger picture. It's what happens when you react with emotion and not logic. And before everyone rushes out to accuse me of not caring for kids, i have to of my own, and i work as a kids' advocate, but the law is the law. thank you law court

marsexplorer~~As You Said It Is A Hard One

But If It Is Againts the US Constitution

Then the Constitution is Top Dog

I also agree with someone above saying there are different degrees

And for the Vigilantist on Here

Think about what you are Saying~~For you Will Be In Jail To

And What Happens to the Rest of Your Family

Merry Christmas and a Happy New Years

HEY, do the crime, do the time!!!! If you don't want to be on the registry, then be a GOOD little boy and girl......maybe you'll think twice about being a PERVERT!!!!

19 raping a 13 year old should be in the morgue instead of the registry

@dogood, Are you serious? Have you seen 13 year old girls nowadays? They're not playing with their Barbies. They LOOK like Barbies. And nowhere does it say he raped the girl. He was convicted of HAVING SEX with her. There's a world of difference. And I'd be willing to bet it was consensual, and the young lady in fact may just have been the instigator. That is, lying about her age, flirting outrageously, and so on. That's the problem with the sex offender laws. You get labeled as one and forced to register for life if you, as a teenager, have a relationship with another teenager, who is unfortunately maybe below the legal line. Heck, I used to lie about my age (and get away with it) all the time when I was 13 and 14, to so I would go out with older guys, who were WAY more appealing than those of my own age. And this was back in the 1960s.

This judge, and all who were involved in this case and decision, understand the Constitution of the United States of America and are upholding it. Something you may be VERY glad for one day.

jimmiejohnson, the only thing that will keep your child safe from sexual assault is YOU and your diligence. The registry has not been proven to do anything but mark people for life, and spend countless taxpayer dollars. It's not been proven, even in ONE case to have protected a child, or anyone else for that matter. Perpetrators of child sexual assault, about 9 times out of 10, KNOW the child. They are often times family members, and I know that may be hard to swallow, but it's true. The people who are the most danger to your child, according to victim's advocacy groups, and our own Department of Justice, you will find in family reunion photos.

As a victim of molestation by family member, I can tell you also that "victims" most certainly DO regain their self-esteem and self-respect back, IF they want to.

jimmiejohnson said, "To many ways now a days to get away with crimes...please vote this down! If we keep letting things "slide" pretty soon it will NOT be safe to leave your house. You've been watching too much Nancy Grace. There are no more sexual offenders out there today than when we were growing up. We just didn't have Nancy Grace shoving them in our face every night. This is nothing new under the sun, the only thing new about it is that it's now national news every night.

I agree that each case is an individual one. Some people on the registry shouldn't be on it for life. However, most on the registry have offended and re-offended; by the time they are caught and convicted they have already abused more children than originally thought. So we have to be very, very careful...

It doesnt say the 19 yro raped the 13 yro. Even if consentual, it is illegal if persued. If that is indeed the case then this individual may well be of no threat. Not everyone on the list is a pedophile either. I am completely in favor of the offender list, but severity needs to be noted so we know who is who.

Janet that was a valiant effort, keep up the good work. The majority of people who are on this list will re-offend so isn't it a good idea to keep track of them. We could finish what the Canadian tried to do. It is like the story of the woman who sexually assaulted a minor, after a trial and a person is found guilty especially of a henious crime such as this. Capital punishment, end of line. Good bye. That victim will never forget the event and meanwhile the criminal will sit in prison watch television and go to the gym a couple of times a week. Now in a couple of months the same criminal will have the state delivering marijuana to them, hey it is prescription medicine.

So they will get high, watch the tube and plan on how they will break into your house and sexually assault your family. If only their father had given them that pony.

Where is the justice?

Vigilantees. Good word for these very sick people who's comments drip with hatred. The registry should be ended completely. Its not about protecting children.

I do not agree with this that those on the Sex Offender Registry should be removed to me that is wrong.

They should be on there so that we can protect our children from such people.

What is next? It will be okay to hire them in a child oriented group once they complete sentencing? They will be able to work

at our schools and other areas where children are present?

I really don't care if their privacy is being stepped on, they should be listed!

People have the right to know!

Taking persons off the listing is wrong and I am not for it.

Jamie, how do you protect your kids from your brother, father, uncle. gandpa, and grandma?

They are all the potental sex offenders.

The case of the 19 year old boy having sex with the 13 year old girl is one of those cases that really don't belong on the registry. For starters, the registry is intended to warn people about sexual PREDATORS. Next...13 year old girls look exactly like adult women in a physical sense. This is NOT a pedophile. Pedophiles are sexually attracted to children who have NOT gone through puberty and do NOT look like adults physically. While the 19 year old had poor judgement and behaved in a VERY foolish way...he's not a sexual predator UNLESS he forcibly raped the 13 year old. IF they were dating and had consensual sex then that guy should NOT be on the registry. Instead he should be required to get counseling and go through an education program to teach him better critical thinking, judgement and life skills. Teenage girls today are constantly lying about their age and being the aggressor in these types of situations. Go to the mall sometime and take a look around and notice how these teenage girls dress in a provocative way and wear more make up than Tammy Faye Baker. I don't understand why their parents allow this. I never let my daughters dress and behave like that. Save the sex offender registry for sexual predators and don't list people on it who simply are guilty of poor judgement and stupidity.

Retroactive laws are illegal. You can not convict someone for speeding yesterday when you enact laws against speeding today. This principle has little to do with "sexual abuse" but much to do with individual rights and the constitution.

What I would like to know is who got this law passed in the first place, which governor signed it, and did they have any respect for our system of justice when they did so?

I say, change the law....to fit the crime.

These so called 'innocent' little girls are doing more than having 'intercourse'.

Now don't get me wrong as I would not want my daughter engaged in such activity; but in working with eleven year old girls and up since 1998; I found out that ' oral sex was the norm for them...I was completeley in shock!

So, people, don't be 'Naive' because it is being done.

The13 year old having intercourse with her boyfriend of 19 is not so bad but unexceptible..Is he a 'pervert'? I don't think so, just normal, but....

What were you doing at this age? No answer is needed, just think about your own actions that could have led you down the same path..

The law is wrong on this and so are the parents that push the actions of 13/19 year olds..

Just my opinion/we all have one.

Merry Christmas

I am surprised the hang em high crowd hasn't chimed in more on this one. I agree there are certain people who should not be on the list. If they make it retroactive back far enough I would qualify. I grew up in the 60's early 70's and It was a given back then that teens were promiscous. I am sure not much has changed either. What strikes me as strange is that those same people who grew up then are some of the most uptight and strict ones of all. Maybe we learned something or society has just changed for the worse.

Not everyone on the sex registry has committed a sex crime. I personally know of one guy who ended up on his state's sex registry becuase he stopped to take a leak on the sider of the road one night. He was spotted by a cop who charged him with indecent exposure. He was not in plain sight of the road, but was on the side of his car away from traffic. Yet, his arrest on the charge of indecent exposure meant he had to be placed on the sex registry. Did he rape or molest someone...NO! Did he set out to expose himself to others...NO! Does he deserve to be labeled as a menage & danger to society...NO! Is his life now ruined because he has to be listed on a registry along with actual sex offender...YES!!

Perhaps, we also need a registry for those dealing & using drugs, or those caught stealing, speeding, jaywalking, or any number of things that may be against the law. Why not just go back to the Puritans & make these people go around wearing a Scalet Letter for the rest of their lives. Then everyone can see just what everyone else is guilty of also.

When I was growing up as a young man, and even today, 13 year old girls evenif they were trying to act/look older to lure older partners were called JAIL bait, and I treated them as such, probably why I'm not nor never have been on the sex offender registry, my point being young men that don't want to find themselves trying to get away from that damned list shouldn't do anything to get on it in the first place, I believe the age for consent in this state is 14 years old, too young in my opinnion but still more than 13 YEARS OLD, keep them on the list, that list is a lot like Bush's war in Iraq, we won't ever know how many 911's it has prevented but we can say that it has not happened again since the JDAM's start popping off ,I for one thank him for that. Merry Christmas to all, even you electrcglide

and night hawk I understand your pain and it should be listed that his offense was pissing in public and that would clear that right up.

I think that the young man should give an interview to see what he thinks about his daughter and step children and what would he think if this happened to them.

If a person taking a leak in public got put on the list there is something wrong. I agree. But if you are 19 years old and have sex with a minor your an idiot. It used to be called 15 gets you 20.

As a further note the courts around the country want to changes laws concerning child pornography. Look at the article in USAToday. While I don't agree with the use of a registry, what other viable option do we have to deal with miscreant that have a history of sex crimes? What protects the victims?? No mater how you try to protect your children there are serious predators out there and we need to know where they live and where they work. The system of counseling doesn't work and a lot of doctors have said so. Our court system has let a lot of level 3 offenders out to be monitored but the law can't watch 24/7 and they will most likely offend again.

This molly-coddling has got to stop and it starts with the judges and the courts.

I do agree with having the registry.....afterall, this state sure doesn't punish the true sex offenders with jail time!

THere are pluses and minuses to the sex registry. Obviously it's good to be able to identify convicted sex offenders and take precautionary measures. On the other hand, it gives a false sense of security. I personally know of a sex offender who went nearly 50 years before facing charges. While he was "grooming" children so that he could ensnare them in his web of abuse, their parents were vigilant for dangerous strangers. However, the overwhelming majority of child predation is committed by trusted friends or family members.

People seem to post anything that comes into their head here, regardless of "facts" or "the truth" it is perfectly legal to urinate in public in the State of Maine. there are restrictions (which I will not post here) but in general taking a leak in the woods is not a prosecutable offense hear.

Electraglide:

What you said. !!!!!!!!!!

There is no such thing as a rehabilitated pedophile. Pedophiles never stop wanting to have sex with children. There urges can be controlled by chemical chastration, that is if they keep talking their medications. How many have served their sentences and then ended up back in prison for repeat offenses or even murdering their victems? Too many. I don't think anyone who has been convicted of sexual acts with children should ever be released out into society again. They are and always will be predators of children

Girls should learn at an early age,not to dress so as to provoke these men.God will protect them if they obey his word.

DonHorch....you cannot be serious. The victims are the ones at fault? Please tell me you do not believe that a girl or women is at fault when the are sexually assaulted by perverts and abuses.

Before women dressed so provocatively and the media protrayed them in such a sexual way,you never heard about such things.There is always a reason.Why dosent the offender attack ALL women?The victims are not 100% at fault,but one must be cautious always.

Fools. The one ya gotta watch is not on that list yet. Stupid waste of tax dollars. And what about the person who drinks and drives and kills some innocent people...do they have a list for them? More people are repeat offenders of OUI than sex offenses. And murderers....when they get out of prison, do you know where they are moving??? Nope...they DONT have to tell you theyre moving in next door!!! You cant go changing costitutional rights. Period! Oh and what about that arsonist who set fire to 5 houses...bet you dont know where he is living now that he's out...do you

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