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Targeting the real monsters

by Skip Fuller
| May 19, 2012 9:00 PM

The article titled "Sex crime nets 20 years " in the "Local" section of the Cd'A Press's Thursday, May 17 edition stirred in me, as it probably did to others who read it, a fear for our children, our grandchildren and children in generations to come.

Briefly, the article states that, after a district court judge declared the 5-year-old child victim will never be the same, specifically stating "She's broken" (presumably for the rest of her life), he sentenced the 20-year-old first-time offender to 20 years* in prison. Then the judge invoked something called "retained jurisdiction" that affords the convicted offender the possibility of release on probation after serving as little as one year in confinement.

The judge, according to the article, stated the offender is not a "monster" but added, "He is deeply disturbed." I daresay the 5-year-old victim and her family believe the person who perpetrated this abuse is a "monster" regardless of the judge's sentiment to the contrary. One can only imagine this 5-year-old little girl's and her family's fear over the prospect of their all-too-real monster being released back into the community just a year from now. We should all share their fear.

It may surprise readers to learn that Idaho has no mandatory minimum period of confinement for first-time offenders convicted of child sex abuse and that repeat offenders face only a 15-year minimum sentence penalty. Idaho Code Section 1508 declares first-time offenders convicted under this provision "... are subject to a penalty of imprisonment in the state prison for a term of not more than life." First time offenders convicted under the provisions of Idaho Code Section 1508A "... are subject to a penalty of imprisonment in the state prison not to exceed life or for a period not to exceed twenty-five years, depending on the wrongful conduct." Finally, Idaho Code 19-2520G states "Specifically, a repeat sexual offender of (either Code 1508 or Code 1508A) is subject to a mandatory minimum term of confinement for a period of not less than fifteen years."

According to Fox News Channel's commentator Bill O'Reilly, Idaho is one of only six states that have not established something akin to "Jessica's Law" which establishes a minimum mandatory sentence of 25 years imprisonment for first-time offenders convicted of child sex abuse. As illustrated by the case above, Idaho needs to enact such a law during the next legislative session.

I urge readers to share this information with family members, friends and pastors. Please encourage them to contact their respective Idaho state legislators, asking them to initiate legislation establishing a 25-year minimum sentence for first-time offenders convicted of child sex abuse and asking them to change the current, 15-year minimum sentence for repeat offenders to 50 years.

Our lawmakers need to hear an unapologetic, unequivocal public cry of outrage demanding they get in line with legislators in 44 other states who have done something concrete to keep these "deeply disturbed" persons ... monsters by any other name ... in prison and away from our children for a long, long time!

Skip Fuller is a Coeur d'Alene resident.

* The actual sentence was 25 years, as a correction Friday clarified.