Lunacy in the courts system

[rgrove]

Man grabs girl's arm – now he's a sex offender

This has got to be one of the dumbest things I've ever seen a court do... I hope this fellow is able to appeal this somehow or his life is over as he knows it.

Yours In Christ,
Ron

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"A man who grabbed a 14-year-old girl's arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a "sex offender," the Appellate Court of Illinois has ruled.

Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.

The girl testified Barnaby yelled, "Come here, little girl," when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness.

The trial jury accepted Barnaby's version of the story, but found him guilty of unlawful restraint of a minor – a sex offense under Illinois law.

As a convicted sex offender, Barnaby is required to be listed on the state's sex offender registry and must keep authorities informed of his place of residency. He also isn't allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses.

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Barnaby was not listed on the registry during his appeal, but following the recent ruling by the appellate court, he soon will be.

"This is the most stupid ruling the appellate court has rendered in years," Frederick Cohn, Barnaby's attorney, told the Chicago Sun-Times. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

The appellate court agreed it was "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," however it sided with the state's attorney who argued it is "the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

"It is [Barnaby's] actions which have caused him to be stigmatized, not the courts," reads the decision. "

[Soulfyre]

God help us. We have now come far from Proverbs, which taught us that to "spare the rod" is to "spoil the child". It is no wonder that we have raised an undisciplined generation when an adult must be afraid to touch a child for fear of being charged with "unlawful restraint," and branded a sex-offender.

When I was much younger (around late high-school), I earned money as a Fuller Brush man. In one neighborhood, a child (8 or 9 yrs old) kept throwing dirt and rocks at me. Twice I told him that if he continued to do so, he would get a whipping. He continued; I reached out, caught his arm, bent him over my knee, and gave him a couple of quick swats. When he said he would tell his mother, I told him to be sure to do so...that I would wait right there and tell her what he had done. The mother apologized, and I never again had a problem with the child. Had I done that now I would probably be locked up for assault and battery, and been charged with sexual abuse. Even parents must now take great care in using any physical discipline with their own children, lest the be taken to court for child abuse. It makes me wonder how many people of my age survived, for when I was a child, whippings were rare, but they were administered (even by my "dear old grandmother"). And if I "acted up" in school, I could depend upon the fact that the punishment I received there would pale in comparison to the punishment I would receive at home. Thus having been instilled with an appropriate respect for adults and people in authority, I was fortunate in my life to have never gotten into trouble with the law (well, except for the occasional ticket). And I was even able to distinguish between "respectable" adults and strangers. Now children are raised with no fear of the consequences of their actions, and the potential for harm is far, far more dangerous.

I weep for the young, who now must learn everything the "hard" way...

Matthew (soulfyre)

[rgrove]

Wow... I'm sure that even if it weren't a considered sex abuse (which even the judge admited was ridiculous in this case and clearly NOT the intent of the law) you would certainly have had a nice mulit-million dollar lawsuit coming your direction for that incident.

Agreed that discipline is quite different now. My father only ever did it a couple times that I can remember. He wasn't in to that sort of thing. But, as practically all young boys do, I pushed him into a corner a few times giving him few alternatives but to make a point and make it in a more dramatic than usual way. I sincerely believe I'm a better man for both his patience and long suffering in not overusing that method as well as for his having used it. But you're right, he'd probably risk being locked up as a child abuser if I said anything at school in today's climate. One more minor reason we will homeschool our children.

Yours In Christ,
Ron

[Alejandro]

admin said:

God help us. We have now come far from Proverbs, which taught us that to "spare the rod" is to "spoil the child". It is no wonder that we have raised an undisciplined generation when an adult must be afraid to touch a child for fear of being charged with "unlawful restraint," and branded a sex-offender.

Exactly! Parents, who once (not long ago) demanded respect from their children, and taught their children valuable lessons on what being a human-being is, are now in fear of thier own children. Parents now afraid that their child will call HRS or DCF, or some other child protection agency. It is lunacy. It is stupifying for me to see children in the grocery store throwing a fit because they do not get a piece of candy or whatnot, and then the parent giving into their's child's desires. What has this world come to? The fear of God needs to be put back into the hearts of this generation (mine), and the many to come, or else we are in for a downward spiral. As a matter of fact, the fear of God needs to be put back into the hearts of the whole world.

Be blessed,
Alejandro

[melinky]

I think the thing that bothers me the most is the fact that the judge felt it was wrong to make this man register as a sex-offender, yet he just kind of shrugged and said, "Oh well, nothing I can do." He could have set a precedent for future cases, and I'm sure there will be future cases. I also feel that part of the responsibility of the jury is to look at the result of their verdict. Perhaps their verdict could have been changed to one where the sex-offender registration would not have been necessary.

Melinda

[Alejandro]

Off topic: I like the new hair, Melinky.

I was going to ask. It would make sense that he could be able to appeal to a higher court system, but the stigma of being once considered, even for a short time, will not easily wash away, I think.

It seems as though the judge was far too lazy to do his job as the individual presiding over the case. Oh well, what's next?

[melinky]

Thanks Alejandro! ;D