Conservative television and radio commentator Bill O’Reilly is pushing for passage of laws requiring 25-year minimum sentences for child sex offenders. Lawmakers in Maine have wisely realized that this ratings-getting scheme is the wrong approach and won’t protect the state’s children. They should now go a step further and kill the bill.
After 9-year-old Jessica Lunsford was abducted, sexually assaulted and murdered, Florida lawmakers last year passed “Jessica’s Law,” mandating a 25-year minimum sentence for first-time child sex offenders. Mr. O’Reilly is pressing for passage of the same law in all 50 states. Only three states have passed a version of the law.
Maine’s version, LD 1717, mandates a 25-year prison sentence for first-time offenders convicted of sex crimes against children under 12. A second conviction would bring a mandatory life sentence.
The proposed law is counterproductive. Faced with a 25-year sentence, perpetrators will seek a trial. To try to get convictions, prosecutors must put young children on the witness stand, further traumatizing them. Worse, getting a conviction is very difficult in these cases, says Penobscot County District Attorney Chris Almy, because jurors are reluctant to convict someone based solely on the word of a child. This reluctance would likely increase if the perpetrator faced a minimum of 25 years in jail.
This law would take away plea bargaining, an important tool prosecutors can use to get a child sex offender off the street. Plea bargains “allow prosecutors to get convictions without forcing victims to testify,” says Mr. Almy. “We don’t want to put victims in a tortuous position.” That’s why victim’s advocacy groups have opposed LD 1717.
With plea bargains, most child sex offenders get some jail time. The mandatory minimum leaves only two options – 25 years in prison or none. In too many cases, the result would none, something that should not be acceptable to supporters of Jessica’s Law.
The House this week voted 68 to 66 to table the bill, which was being considered by the Criminal Justice Committee. This is a good first step. Next, it should be rejected outright.
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