Sexual Predator Prosecution in the State of Florida
Sexual predator is a pejorative description of any person seen to obtain or attempt to obtain contact of a sexual nature with another person in a predatory manner-metaphorically. The term sexual predator refers to an individual that habitually seeks situations of a sexual nature that are exploitative. However, the definition across the states may not be the same because of varying considerations. In some instances there may be a need of a repeated offense for a defendant to be declared a sexual predator. However in some cases an individual may be declared a sexual predator regardless of whether the defendant has a history of repeated sexual offenses. Whereas in some instances, for example, in the state of Illinois any sex crime committed against a minor is regarded as a sexual predatory crime regardless of the crime history of the defendant.Sexual predators pose a challenge to forensic psychiatrist because their condition is often as a result of their mental state-which is often difficult to treat. More often than not sexual predators are highly likely to repeat the sex crimes that they commit. This makes it difficult to determine where to put them whether in the prisons or mental institutions (Campbell, 2007). These offenders are classified as risk level three offenders and are especially noted to have personality disorders in most cases. As a result most states including Florida have put laws in place that require registration of sexual predation offenders and subsequent notification to community of there whereabouts. Recent legislation has included constant monitoring of these offenders as a mandatory requirement in the state of Florida.
Sexual Predator laws in Florida
According to the statutes of the state of Florida a person can be considered a sexual predator if convicted of sex crime in the first degree (felony) or in two sex crimes of the second degree (felony). In order for the designation to hold these crimes must have been committed after first October 1993. The convictions, offenses or release from the sanctions of the court must have occurred within a period of ten years. Additionally, an order finding for predatory status in the crime should be written by the court for the designation to hold. Sexual predators that are new residents in Florida are taken through a legal process to find out whether they can be designated sexual predators. This is a recommended process for any new resident that is a declared sexual predator in his/her state of origin. The state of Florida has a mandatory requirement of sexual offenders’ registration in to publicly available databases. The sexual predators are required to register at the law enforcement offices or at offices of the local sheriffs. Sexual offenders falling under the classification of sexual predators have to be registered for life as sexual predators unless a hearing is conducted and the judge terminates the classification. These offenders are also subject to rules of the jurisdiction (Florida) regardless of their origin (Florida Statutes, 2009).
Punishment for sexual predators depends primarily on the committed offense and its perceived severity. Misdemeanor sexual predation offenses could earn the defendant a tem of a single year in the county jails, fines or probation. At times the punishment upon conviction may include a combination of the three punishments. On the other hand, conviction of a sexual offence regarded as a felony could earn a defendant a sentence of five years in a state prison if it is a third degree felony. A second degree felony could earn a defendant a sentence of up to fifteen years in prison. A sexual predatory crime classified as a first degree felony could earn a sentence in state prisons not exceeding thirty years. The sentence given by the courts for felony convictions varies depending on the specific sexual predatory crime. This sentence also depends on the circumstances surrounding the crime as well as the history of the offender under conviction (Florida Statutes, 2009).After conviction the law has a mandatory requirement that states that, all sexual predators are supposed to register with the law enforcement offices. These records are stored in a data base that is made available to the public for viewing. The sexual offenders are also regularly monitored. The Jessica Lunsford act signed to law by Florida governor Jeb Bush authorized lifetime tracking for sexual predators after their exit from prison. The tracking is done by the use of the (GPS) global positioning system (McEwan, 2005). This tracking is meant to ensure that parolees and released sexual predators do not go to or near designated restricted areas, for example, schools or children centers. The system is also supposed to be used to check on sexual predators in the event of related crimes occurring within their areas of residence. The bill also requires a twenty five year minimum sentence for any individuals convicted of certain predatory sexual crimes against children.
The qualifying adult convictions not only include physical engagement in the act of the offences but could also take into account solicitation of improper activities from minors.Examples of offences that could be termed predatory even without physical sexual engagement include procuring underage children to participate in prostitution and transmission of child pornography material. Therefore, physical contact may not be necessity for a person to be convicted a sexual predator. Thus lewd/lascivious acts committed in the presence of an under age audience constitutes a sexual predatory offence that is punishable by law (Florida Department of Law enforcement, 2006).Conclusively, these statutes are an adequate measure to control sexual predatory behavior. This is because it takes care of the punishment element as well as the post prison monitoring of criminals to ensure the do not repeat their offences. Additionally, the provision of information to society on the criminals’ profiles and whereabouts helps them take extra caution. However, some parts of these statutes are harsh on the sexual predators. The harshness can be exemplified by the requirement of the law to have a lifetime tracking which totally strips the victim off any privacy for life. Additionally, the tracking has a disadvantage because it increases government expenditure on the offenders’ tracking and monitoring activities. As a recommendation, the tracking should be limited to a certain length of time. This will be good for criminals that will have reformed because they can go back to their normal life without the tracking.
References
Campbell, W. T. (2007). Assessing sex offenders: Problems and pitfalls, second edition. Springfield, IL: Charles C Thomas Publisher.
Florida Department of Law enforcement (2006). Qualifying adult convictions. Retrieved from, http://offender.fdle.state.fl.us/offender/FAQ.jsp, on 18th may 2010.
McEwan, M. (2005). Tougher Punishment for sexual offenders in Florida. Retrieved from, http://shakespearessister.blogspot.com/2005/05/tougher-punishments-for-sex-offenders.html, on 18th may 2010.
The 2009 Florida Statutes (2009). The Florida sexual predators act. Retrieved from, http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_ , on 18th May 2010.
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