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Wednesday, June 14    |    Upstate South Carolina News, Sports and Information

Jessie's Law protects kids
Death penalty got the most attention, but this bill takes important steps to ensure first-time sex offenders don't repeat.

Published: Wednesday, June 14, 2006 - 6:00 am


Gov. Mark Sanford has signed into law a bill that could have a real impact on reducing sex crimes against children in South Carolina. Much of the focus on this bill has been on a provision that makes the death penalty an option for certain second offenses. However, the new law, which takes effect July 1, also will make penalties for first offenders meaningfully stronger.

The key provision is a mandatory 25-year minimum sentence for anyone convicted of raping a child less than 11 years old. Longer prison terms for first offenses are key to preventing recidivism. A 25-year sentence can be a deterrent and, at the very least, will ensure that a child rapist cannot reoffend for a very long time. The law guarantees second-time offenders won't repeat by requiring a minimum sentence of life in prison.

Recent high-profile crimes have shown sex offenders are prone to reoffend. A Bureau of Justice Statistics study of sex offenders released in 1994 showed 5.3 percent of sex offenders commit another sex crime within three years of their release from prison; the younger the offender when he is released, the more likely he is to reoffend. Other studies have shown long-term recidivism rates are substantially higher, though figures vary dramatically. In short, keeping offenders behind bars longer can reduce repeat offenses.

Also important are provisions that improve the monitoring of sex offenders by increasing the frequency of registration to every six months from once a year, and requiring child-sex offenders to be placed on global positioning system-based electronic monitoring for at least 10 years. The law also helps prosecutors by making out-of-court statements by child victims or witnesses admissible in court.

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At least 15 other states have enacted a version of Jessica's Law, named for Jessica Lunsford, a 9-year-old Florida girl who was murdered by a registered sex offender. Some states have stronger laws that require life terms or have a higher minimum age for victims. There certainly is room to strengthen South Carolina's law even further, but the new statute is a vast improvement over the previous one, which required only a 10-year minimum sentence for first offenses against children younger than 11.

One weakness in this legislation is the quick drop-off in penalties for offenses against older children. Someone convicted of raping a child between 11 and 14, or an authority figure or adult accused of raping a child between 14 and 16, would face a maximum 20-year sentence. A 14-year-old is still a child and deserves the same protections as a child under 11.

Still, South Carolina has recognized the extreme danger posed by those who prey on children. This law goes a long way toward protecting those children from the destruction wrought by the vilest of offenders.


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