A Silenced Minority

Educators usually say the most essential pillars of successful outcomes are a caring community of learners, enhancement of the learning objective, and reciprocal relationships and transparency to facilitate both sides of an issue. When it comes to an understanding, sexual offenses or those impacted by the registry, there is only one side because those that can contribute meaningful dialog are conveniently excluded or not allowed to voice objections or grievances.

I recently watched an interview with Derek Logue of the oncefallen.com website. During that CNN interview, the host interviewing Logue decided to become the loudest voice exclaiming unsubstantiated data and personal opinion rather than a dialog to understand opposing viewpoints. Logue posted on YouTube, “not my best interview,” but at least he presented a moment to introduce a differing opinion and voice. In another interview between Logue and Dr. Drew, Drew interjected his personal opinion rather than facts or supporting data that seemed more of a blindsided attempt to dissuade future opposing views. For starters, I have never met or spoken with Derek Logue, but I do congratulate him for at least standing up and advocating for a silenced minority.

But fast forward to those impacted by the registry. Why do we have tent cities, individuals living under bridges, homelessness, split families due to registry requirements, refusal for admission to disaster shelters during times of emergencies, closed internet access for offenders, and other issues? Perhaps it is due to the sensitivity of sex allegations/crimes. But those that do the reporting have no problem splattering a #metoo protest leaving no counterbalance. This discriminatory path allows sex offender advocacy a back seat on the bus endangering and hindering the lives of those attempting to go on about their business – or at least be heard? It is because sex offender advocacy can be a dangerous business.

 

An interesting observation about advocacy is that those affected by the registry don’t want to be further identified or already suffer from mental anguish from various reasons related to registry laws and restrictions. However, media sources have plenty of opportunities to investigate, educate and inform the public of consequences but introduce a one-sided opinion presenting no chance of culmination. A reason the voice is small is primarily that society claims to want a life of transparency and a return to productive lives – as long as it cannot be seen or heard from again.

That leads me to the question where opposition or advocacy is under attack from those that differ from a particular viewpoint? A disturbing indication of legislative and judicial censorship is a case where the OnceFallen.com website is under legal attack from those with opposing views. It brings to mind those accused of sexually based offenses but not criminally charged. Are they financially sequestered and squeezed to the point of collapse because of personal agendas? Will advocates endure the same fate? Is there that much of a threat in a democratic society where discourse is bullied or under legal threat by those with a personal agenda to silence viewpoints?  It is highly alarming and disturbing because isn’t that what the First Amendment is all about?

In 1992 the Innocence Project was created to help facilitate and reopen cases where those found guilty of specific crimes were tried based on bias, false evidence, or testimony. Many cases were identified as false convictions, and that number increases today. Of the cases undertaken by the Innocence Project more than 350 cases have led to those convicted of being overturned and freed. What if the Innocence Project or OnceFallen was much more extensive and had equity voice within mainstream media? Those 6000 or more cases could find irregularities and patterns of injustice. This is not to ever imply that all convicted offenders are innocent. Instead, the dialog is that justice is not a rash form of litigation. After all, homosexuals convicted of sodomy in California or other consensual acts were eventually overturned many decades later. Those affected still feel the sting and scars of injustice being labeled as sexual deviants without a simple apology to the LGBT community. What about those wrongfully accused or convicted at the convenience of prosecutorial plea bargains primarily aimed at the poor, helpless, and difficult to defend based on he said – she said testimony?

Perhaps prosecutorial immunity should be revisited, and qualified immunity should be reconsidered. There is an apparent abuse of power based upon personal prejudice that must be addressed. Afterall, the need for transparency, a caring community of learners, enhancement of the learning objective are the pillars of justice under the law of democracy. Exposing the truth instead of opinion should be the sole basis of law and advocacy.

The Uncivil War On Sexuality

The sex offender registry and draconian laws aimed at offenders has destroyed lives of individuals and families. Today a new form of offender registration has transpired. This new offender registry creates life sentences using the internet as its delivery method carefully skirting libel and slander policies under the blanket of free speech. Naturally, this is not a registry, but social movements are utilizing social media platforms to quasi-create a public registry with no hopes of being removed or deleted, and it’s creating more harm than good.

A recent news segment mentioned an R&B superstar named R.Kelly. Kelly is one of pop music’s best-selling artists, with hits including “Ignition,” ”I Believe I Can Fly,” ”Step in the Name of Love,” ”Same Girl” and “Bump N’ Grind.” He has also written hits for Celene Dion, Michael Jackson, and Lady Gaga. He was acquitted in 2008 of child pornography after a video circulated appearing to show him having sex with a teenage girl. However, as he continued to score hits and sell out stadiums, more women have come forward in recent years accusing him of sexual misconduct. Kelly had been scheduled to be among the performers at popular concert venues but was dropped as efforts by organizers of #MuteRKelly gained attention with support from Hollywood’s Time’s Up campaign. Overnight Kelly has been the target of an issue 10 years old creating a delayed response or condition. Many are wondering if the #metoo campaign has gotten out of control?

Society is witnessing improved tactics to create and facilitate registry styled methods using constructive hashtags and meme styled photos comparable to police lineups. All these methods are protected by free speech rights. There are disturbing trends with guilt by association tactics using political individuals seen in pictures or appearances with individuals accused but never charged with sexual improprieties in guilt by association tactics. The same strategy is being used on individuals as a result of news and information shifting from regular publishing sources to social media.  Social justice movements have designed strikingly similar registry models by combining low-level offenses with significant offenses presenting an appearance of guilt for anyone mentioned. Additionally, to be associated with the accused, guilty, or suspected has created a panic based fear that will eventually become more violent as anger and social stigma increases. Does this imply that we should stop listening or supporting Elvis Presley because he dated a 14-year-old girl? Moreover, does it suggest that hearing or being an Elvis fan makes you a supporter of statutory rights? The question is, “when does the conversation begin?” or is this electronic vigilantism stirred by social movements with no real agenda or cause? Are freedoms of choice under assault? Arguably there is enough evidence to present a spiraling out of control agenda with taking no prisoners mentalities. It is excessively dangerous with no end in sight.

If the sex offender registry was not enough to restrict movement and liberties, then the internet has an interesting way of making life nearly as difficult for those not on the registry. Spotify and Pandora are sizeable online streaming music services. They recently removed artists from its collection where fans must search for specific content. Movies starring accused or guilty offenders have been quickly removed from major content providers. Art has recently been removed from galleries because corporations or entities do not wish to be spotlighted with pressure from social movements. Most interesting, social movements or mob justice campaigning efforts are shaming those that listen, watch, or support such artists. That has many inquiring who is the bully or aggressor in this case? It has become an uncivil war on sexuality.

Social movements do attempt a subtle effect on placing the spotlight on specific issues – and should be commended for bringing a problematic issue forward. However, at the same time, such causes have a responsibility to educate and allow occasional discourse to remedy problems from becoming out of hand.  Those that differ should have an opportunity to be heard. Sex offender registries have harmed individuals, families, and supporters. The same stratagem occurs with social justice campaigns damaging artists, fans, companies, and the innocent. Just as offender registries lump all into one category, social movements are incidentally and sometimes purposely doing the same creating additional harm because emotion and sometimes interpretation is a contributing factor. While #metoo and #timesup campaigns initially were valid, that effect has morphed into anger, antagonism, and losing focus on the opportunity for open dialog and discussion. Maybe its time to stop and take a moment to #ListenToMe where a constructive dialog helping shed pain, frustration, and integrity are reintroduced?

In my #metoo experience from my childhood, I have learned how to cope, educate, forgive, and advocate for myself and others. What seemed like years of pain was a reality of several instances. I cant spend my entire life with an agenda to destroy another person because I want justice. If anything, sharing my personal experiences openly and candidly is the real #metoo movement. It is vital so that victims do not feel alone and non-victims become educated advocates.

Georgia HB 51 May Be Right

Recently the State of Georgia introduced legislation that could actually challenge parts of the Title IX law. Under current law, a college or university student could use Title IX to bring a criminal investigation for an alleged sex offense against another student without notifying law enforcement. Presently a victim can make a choice to tell campus administrators, police, or both if a sexual assault or rape has occurred. What Georgia has introduced is House Bill 51 (HB 51) that would require a victim to immediately report an allegation to police and not to campus administrators. The bill that could be made into law would sidestep campus administrators and student conduct boards altogether by providing a thorough criminal investigation.

First, I support Title IX as a law that provides equality in school and university athletics programs. However, I cannot support a mission creep clause that allows victims of alleged sexual assaults to sidestep police that is equipped to investigate felonious crimes. No campus administrator should be in hindering an alleged criminal process. When school leadership interferes with criminal cases, then it has a similar smell of the infamous Duke Lacrosse scandal or the Virginia University gang rapes that Rolling Stone magazine had to resend due to the fact it never happened.

Title IX is a bad law that eliminates due processes of the accused instituting a “he said she said” determination. There are no other administrative processes in the military, private sector, or municipalities that would extend such an offer of choices for an accusation of rape or sexual assault. Title IX sexual conduct reporting is only applicable to higher learning institutions. Another reason why it is dangerous is that an accused could be erroneously listed as a sexual offender by the school but not on a sex offender registry. That’s right. Because the campus utilizes FERPA and other privacy concerned processes a false allegation or inadequate investigation by university authorities would expel the accused as a sex offender but not be required to register because authorities were never notified a sexual assault that took place.

Rape is a serious accusation. The weights of justice should have a compelling timeline, physical evidence, and evidence that the act was not authorized. But to have a university administrator, a person not in a position to administratively rule on law or holds a law license should never be engaged in the efforts Title IX loosely provides. HB 51 may be what college campuses need to keep campus behaviors in line with states laws and statutes.

Homophobic States of America

A recent study published in the American Journal of Public Health mentions lesbian, gay, bisexual and transsexual (LGBT) individuals are disproportionately incarcerated, mistreated and sexually victimized in U.S. jails and prisons. Lead study author Ilan Meyer, the Williams Distinguished Senior Scholar for Public Policy at the University of California, Los Angeles School of Law says “The high rate was so shocking, I had to check it three times to make sure we weren’t making any mistakes.” Sadly, the report may be a reflection upon the hidden agenda of prejudice in America when it comes to LGBT relations.

All you have to do is mention gay marriage or lesbian adoptions and the hate nonsense immediately begins. We may also hear garrulous and pointless discussions about LGBT members clandestine maneuvers to “turn” a person gay or fall prey to their sexual innuendos. It is not only absurd but utterly bizarre to think in this manner. But we do hear it and fail as a society to stop this insane way of thinking. There are people out there, perhaps you know a few, that still think there are a gay agenda and plan to disrupt society. Perhaps I was asleep at the wheel, but I missed my copy of that gay agenda. Could someone please send me a copy?

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What bothers me the most about this published report is that it comes hundreds of years too late. We are aware that homosexuality, in general, has been habitually persecuted when it began in the Colony of Virgina and the rest of the world. The people of Virginia before the United States was formed criminalized male sodomy, making it punishable by death. Most notable is when Oscar Wilde in England was sentenced to two years hard labor in prison for gross indecency. The list of persecutions aroud the world went on and somewhat still continue today. It was California that created the modern day sex offender registry. That particular registry was to list every known homosexual even while still incarcerated and alert communities about known homosexuals. Today that registry is a mixed bag of every offense treating and labeling it as a final sum. It’s not a registry; it’s a stigma list. Creating anti-gay laws or lists will eventually bring death in some form or another.

Of course, those practicing law or law enforcement will lean towards being anti-gay. After all, law enforcement is a macho uniformed paramilitary culture while law is a formal dark affair of backroom deals rather than actual justice.  Female police officers must cross genders to be accepted among their peers. Female attorneys do their best to look like men rather than who they are. This is where the shift begins not to identify fairness but to recognize the strong macho identification of emulation. American culture is somewhat vigilante in nature by suggesting sayings to those that will or are incarcerated as, “I hope they become someone’s bitch in prison” or “Soon, Bubba will have a new bunkmate.” These suggestions only confirm that LGBT individuals incarcerated are mistreated and sexually victimized. It further suggests that we as a society are not doing anything to protect LGBT communities nor providing an advocacy of equal justice under the law. As long as politics, judicial prejudice and bigotry occur then, there will always be a disproportion within our jails, schools, and society. I once heard the saying, “This is why homophobia is a terrible evil: it disguises itself as concern while it is inherently hate.” Our society, leadership, and judicial officers are responsible for providing equality to all and immediately discovering ways to stop the disproportioned. How many more hundreds of years must pass before we do something?

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