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. |