=============================== 'If
my kid is playing outside, and I suspect this other kid, I should be
able to look it up.'
Karen Fryar |
chief Family Court solicitor for Richland and Kershaw
counties
COLUMBIA - The S.C. Supreme Court on
Tuesday will consider whether juveniles convicted of sex offenses
should be listed on the state's sex offender registry.
A Richland County boy, identified as "Ronnie A" in court papers,
claims the state law requiring him to be registered as a sex
offender for life violates his constitutional rights.
Being on the registry is too harsh a punishment because it will
remain on his record into adulthood, court papers said.
In August 2001, Ronnie A pleaded guilty in Family Court to
first-degree criminal sexual conduct with a minor for having sexual
relations with his 6-year-old sister when he was 9 years old, court
papers said. He was placed on two years probation.
The S.C. Attorney General's Office says the registry is needed to
protect the public against sexual predators.
In court papers, the state said the boy was expelled from school
for inappropriate sexual behavior with a teacher, "touching little
girls and things of that nature."
The state contends Ronnie A probably will not be stigmatized by
the registry listing because names of offenders younger than 12 are
kept secret from the public in most cases.
State lawyers also will argue Ronnie A's appeal has not been
properly brought before the court, which would bar the justices from
considering whether the boy's constitutional rights were
violated.
The five justices will issue their ruling later.
The problem with sex offender registries is they typically exist
long after offenders have served their sentences, said Denyse
Williams, executive director of the American Civil Liberties Union
of South Carolina.
"It runs into cruel and unusual punishment," said Williams, who
is a lawyer.
The ACLU is fighting sex offender registry laws in two cases
before the U.S. Supreme Court, she said.
Karen Fryar, chief Family Court solicitor for Richland and
Kershaw counties, said the public has a right to know about
juveniles who have committed serious sexual offenses.
"If my kid is playing outside, and I suspect this other kid, I
should be able to look it up," she said last week.
Fryar would not discuss specifics of the case. Harold Coombs Jr.,
a senior assistant state attorney general, will argue the case. He
would not comment.
Ronnie A's lawyer, Wanda Haile, a senior assistant defender in
the S.C. Office of Appellate Defense, could not be reached.
As of last week, 6,650 offenders were on South Carolina's sex
offense registry, 586 of whom are juveniles under 17, State Law
Enforcement Division records show.
Of the juvenile offenders, 207 are kept on a separate list
available only to victims or witnesses in their case, schools,
day-care centers and businesses or organizations that primarily
serve children, women or vulnerable adults, SLED records show.
In those cases, the juveniles either are younger than 12 or are
12 to 16 years old but committed less serious offenses such as
indecent exposure, SLED said.
Under state law, juveniles ages 12 to 16 convicted of serious
sexual offenses, such as first- or second-degree criminal sexual
conduct, are put on the public list.