Nebraska Legislature Refuses To Protect Victims Of Child Sexual Abuse

Posted: June 27, 2017 in child abuse, politics, sex offenders
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In all, only 27 states have rules restricting how close sex offenders can live to schools and other places where groups of children may gather, according to research by the Council of State Governments.

But these laws are based on the myth that there is a stranger who is lurking in the bushes and dark alleys and grabbing children off the street. When in fact, less than 10% of all child sex abuse cases are perpetrated by strangers. Over 90% of child sexual abuse cases are committed by someone the child knows well. And over 60% are committed by a family member. In nearly all cases involving a family member sexually assaulting a child, the perpetrator is only sentenced to probation—And many times is allowed to return to the home where the crime took place!

A U.S. Bureau of Justice Statistics study in 2003, the most recent available, found that 5.3 percent of inmates released from prison after being convicted of a sex offense are arrested for another sexual offense within three years. Although researchers generally acknowledge that the recidivism rate may be much higher because these crimes are often underreported.

The Sex Offender Registration and Notification Act (SORNA) which is Title I of the Adam Walsh Child Protection and Safety Act of 2006, was supposed to provide a new comprehensive set of minimum standards for sex offender registration and notification in the United States. These Guidelines were issued to provide guidance and assistance to covered jurisdictions—the 50 States, the District of Columbia, the principal U.S. territories, and Indian tribal governments—in implementing the SORNA standards in their sex offender registration and notification programs. But these requirements are only informational in nature and do not restrict where sex offenders can live. (https://www.smart.gov/pdfs/final_sornaguidelines.pdf)

For example, The Nebraska Sex Offender Registration law does not have any restrictions on registered sex offenders. Again, this is a common misperception. The SOR law also does not have the legal jurisdiction to prevent an offender from attending events, limiting employment, restrict an offender from entering any facilities, or refrain from living with or socializing with children or vulnerable persons. The SOR law can only mandate that the offender register his or her required information under statutes 29-4004 and 29-4006 at the sheriff’s office within the required time.

That means that someone who has been convicted of sexually abusing a child in Nebraska and is sentenced to probation is free to attend or work in schools, children museums, daycare centers and even live with other vulnerable children!

Many people have been told that if you want changes in laws and policies you need to write to your senator. Well, I have written to over 20 Nebraska state senators, the governor, the Secretary of Education, Betsy DeVos and even President Donald Trump, asking them to change the SOR laws in order to better protect victims of child sexual abuse from their abusers. Sadly, most did not respond. And the few that did respond, told me that there was nothing that they could do. Nothing that they could do?!

A senator is called, among other thing to:

  • Represent the people and the best interests of his or her legislative district.
  • Protect property and persons, strengthen our productive capacity, and create new opportunities.
  • Right injustices involving the public.
  • Establish state policy by introducing bills to create new programs, modify existing programs, and repeal laws which are no longer needed.

Two senators told me that I should contact the Nebraska Inspector General about the SOR. But according to its website, the OIG does not have the authority or ability to look into complaints relating to the court process, such as decisions made by judges, the conduct of attorneys, or immediate concerns about the safety of children. http://oig.legislature.ne.gov/?page_id=15

I wrote one Senator and asked how I could address the Nebraska Legislature myself on the subject of Child Sexual Abuse and the SOR laws and he responded by telling me:

“ The podium is under the authority of the Speaker of the Legislature…it is highly unlikely that the speaker would approve of such a request.”

If this is true, then why is it that on the Nebraska Legislature’s website it states:

“At public hearings, citizens have an opportunity within the time available to make their views known or have them incorporated into the official committee record. In Nebraska, gubernatorial appointments and most bills, with the exception of a few technical bills, receive a public hearing by one of the Legislature’s committees.” http://nebraskalegislature.gov/about/testifying.php

If a senator is called to, “Establish state policy by introducing bills to create new programs, modify existing programs, and repeal laws which are no longer needed”, but introduce bills that do more to protect sex offenders than their victims, then the prophecy of Isaiah 5:20 has come true: “Woe to those who call evil good and good evil, who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter!”

In February of this year Nebraska State Senator Patty Pansing Brooks of Lincoln introduced Legislative Bill 289 that would require anyone trafficking an adult and soliciting a trafficked adult to carry a minimum of a year and a maximum of 50 years in prison. “When you consider the horrors of this crime, probation is nothing more than a slap on the wrist,” she said.

Senator Brett Linstom also introduced a bill that would require non-custodial parents be notified if a sex offender is living with or has unsupervised access to their child.

And yet, neither of these bills does anything to deter those who commit these heinous crimes against children, nor do they do anything to protect the victims. But…they make good sound bites and help them get re-elected.

But it’s not just our politicians who are to blame. There are many who have taken to the streets protesting for the rights of women, for the LGBT community, for religious freedom, and even for the right to spread hateful propaganda. But no one is taking to the streets to protest against the 1 in 5 children who are abused, molested and raped in their own homes every day—Or the judges who only sentence the perpetrators to probation for their crime!

Sadly, there are stricter punishments and restrictions for those who abuse animals than for those who abuse children!

Almost everyone has seen the ASPCA’s heart wrenching TV commercial that portrays abused and neglected dogs and cats. The use of emotion in the commercial is clearly evident. What better way to urge viewers to donate money than by showing pictures of sorry-looking, hurt animals with Sarah McLachlan’s song, ‘In The Arms Of An Angel’ playing in the background? I have to admit that it is a very moving, emotional, (and productive) commercial. The ASPCA garnered over $30 million from that commercial.

Very few people won’t cringe at the sight of the graphic images featuring badly injured animals in crates and cages.

But maybe the next time you see that commercial try to think of the more than 300,000 children who are abused and neglected in the same way (and worse) every year in this country.

Of course if someone made a commercial about abused children using the same method as the ASPCA, it would probably be banned from TV. (If it even was allowed to be aired to begin with)

We have truly become what what described in the Bible as living in the last days:

“But understand this, that in the last days there will come times of difficulty. For people will be lovers of self, lovers of money, proud, arrogant, abusive, disobedient to their parents, ungrateful, unholy, heartless, unappeasable, slanderous, without self-control, brutal, not loving good, treacherous, reckless, swollen with conceit, lovers of pleasure rather than lovers of God, having the appearance of godliness, but denying its power.” (2 Timothy 3: 1-5)

Jesus said, “Whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone fastened around his neck and to be drowned in the depth of the sea.” (Matthew 18:6) How many sermons have you heard denouncing child sexual abuse?

I for one, will not stop advocating on behalf of those children who have been treated worse than animals. I will not go quietly into the night. I will not turn back. I will continue to be a voice for those who are afraid to speak.

What will you do?

“Therefore, to one who knows the right thing to do and does not do it, to him it is sin.” (James 4:17)

Read correspondence below:

Sample Letter to Senators

Response from Sara Howard

Response From Governor

Response From Don Bacon

Response from Brett Lindstrom

Letter to Betsy DeVoss

Letter From Sec. of Ed

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Comments
  1. Jean Kuzon says:

    Keep fighting the good fight! Last I knew, Nebraska also has a statute of limitations regarding reporting child molesters–if the pedophile can use shame, intimidation, etc., to keep the victim silent for a certain number of years (it was either 7 or 10 years), then he/she can’t be prosecuted. The person I had spoken to in the Nebraska Attorney General’s office had said the law was “unfortunate” because neighboring states don’t have a statute of limitations.

    My husband and I will be moving to Nebraska (I was born and raised there) in two months and I would love to join in your battle to change the laws and make Nebraska a safe place for children and a very dangerous place for pedophiles.

    • You are correct about the statute of limitations reporting child sexual abuse. Sadly they use the same statute of limitations that they do with adult rape victims except adult rapists usually get jail sentences; while someone convicted of child sexual abuse usually are only sentenced to probation. Nebraska also does not have any grandparent laws. So if a grandparent knows that their grandchild is being sexually abused but the child’s parent doesn’t want the grandparents to have access to the child, there is nothing the grandparent can do. In Nebraska, animals are better protected from abuse than children! I would love to have someone to partner with in my fight against child sexual abuse, as not many seem concerned about it here. Please contact me when you move to Nebraska.

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