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Nebraska father loses effort to get his girls out of sex offender’s home

ddmeightball

August 26, 2015
25 upvotes
/r/MensRights
http://www.omaha.com/news/crime/nebraska-father-loses-effort-to-get-his-girls-out-of/article_e2b51635-7782-5008-9a5e-be695b3b2530.html
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Post Information
Title Nebraska father loses effort to get his girls out of sex offender’s home
Author

ddmeightball

Upvotes 25
Comments 16
Date August 26, 2015 6:53 PM UTC
(10 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3ii0ib/nebraska_father_loses_effort_to_get_his_girls_out/
Archive Link https://theredarchive.com/r/MensRights/nebraska-father-loses-effort-to-get-his-girls-out.972522
https://theredarchive.com/post/972522
Top posts by ddmeightball

Nebraska high court again rules father's consent necessary for putting child up for adoption.

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March 8, 2014
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Comments

[+][deleted] 10 years ago* (8 children) | Copy Link

[permanently deleted]

[–]tiqr 6 points7 points8 points 10 years ago (7 children) | Copy Link

But a tldr isn't fair in this case, because the court didn't make this decision on a "whim".

The stepfather testified that he had successfully completed three stages of sex offender treatment along with inpatient treatment while in prison. He said he learned to identify red flags for child molesters, which include spending a lot of time with one child alone, granting special privileges to one child or asking a child to keep secrets.

So the sex offender has been released from paying his debt to society, and has taken active steps of self-treatment.

Joan Schwan, a licensed therapist who started treating the girls in 2013, testified that she asked the girls about their stepfather’s behavior to determine whether he was trying to “groom” them as victims. No such behavior was reported and there appeared to be good boundaries at home, the therapist told the judge.

And the girls were interviewed by a neutral 3rd party, who evidently concluded that they appeared to not be at risk.

Also keep in mind that at age 14 and 16, the children were most likely consulted in some way, and their opinions would have weight. The article makes no mention of it, but if they said they felt unsafe, the court would never have let them stay with their mother.

Having a sex offender moving into the house raises a concern about the safety of the children in that house. And according to the article, the law specifically provides that the introduction of a sex-offender is a change in circumstances which allows the court to change a custody arrangement. The arrangement was reviewed by a court with a lot more evidence before them than we have, and two levels of the court found that there was insufficient risk to merit a change.

I'm as "anti-sex offender" as the next guy (and this man is clearly a real sex offender, too!), but there has to come a point where a person has paid their debt to society, and are allowed to fully rejoin society provided they present no demonstrable risk.

[–]bertreapot 2 points3 points4 points 10 years ago (2 children) | Copy Link

there has to come a point where a person has paid their debt to society, and are allowed to fully rejoin society provided they present no demonstrable risk.

This is what IMO is counter-productive about the sex offender registry. I think the minimum period of time someone is put on it is 15 years, the maximum is life.

Once someone has paid their debt to society and has shown they're rehabilitated, they should be allowed to move on with their lives. So in this instance the guy served a 4 year sentence. I could see 4 years on the registry after he gets out, as long as he attends therapy and is determined low or no risk of re-offending. Longer if he is still a risk. Otherwise, the registry is not warning the community of an actual danger, it is just keeping the offender from becoming a productive citizen again.

[–]tiqr 5 points6 points7 points 10 years ago (1 child) | Copy Link

This is what IMO is counter-productive about the sex offender registry. I think the minimum period of time someone is put on it is 15 years, the maximum is life.

This is especially true is the offence is taking nude pictures of yourself as a minor, or something equally innocent like public urination.

But even in the clear "predatory" cases like this one, there needs to be a way to rehabilitate these people. And if they do, genuinely, reform then it their previous crimes shouldn't hang over their heads forever.

[–]AcidJiles 1 point2 points3 points 10 years ago (0 children) | Copy Link

Well those two shouldn't even be on the register to start with so it shouldn't have to take those into account. The same with teenagers put on it because their partners lied about their age etc.

[–]alclarkey 0 points1 point2 points 10 years ago (2 children) | Copy Link

Wouldn't be simpler to just put the girls in the home with their Dad? I mean it's really not that hard of a choice, they can go live with their mother who has now shacked up with 2 sex offenders, the latest of which says he's rehibilitated, and done his time, or they could go to the dad, who hasn't so much as looked at woman cross-eyed.

[–]tiqr 0 points1 point2 points 10 years ago (0 children) | Copy Link

Well, at that age I would hope the court would have asked the girls for their input. They likely did, and given the outcome, they were probably ok with it.

In that case, the court should only go against their wishes if they had a strongly compelling reason. And clearly the court took a long hard look at this case, and determined that there was no reason to force them to change their arrangement.

[–]RedditorJemi 0 points1 point2 points 10 years ago (0 children) | Copy Link

there has to come a point where a person has paid their debt to society, and are allowed to fully rejoin society provided they present no demonstrable risk.

The specific sex offense was "attempted sexual assault of a 15-year-old girl.", 15 years old is same age bracket the two girls the father is fighting for custody over. Sex offenders are known to have a high recidivism rate. The mother has also had a previous relationship with a sex offender who molested her other daughter. There's plenty of red flags here, and there is every reason to think this man is still a danger to children. Being able to fully rejoin society does not mean having access to vulnerable people.

In any case, the sex offender's 'right' to have contact with children is not even under discussion. The argument being made by the father is that given the change in circumstance, the children should now live with him, as his home is now by far the safer home. His reasoning is totally correct, on the assumption that the father is in no way abusive, as it sounds like he is not and his wife isn't even arguing that point as far as I know. So now the decision should be very simple. The children should be placed in the home of the father, whom we have every reason to believe is the safer parent. The presence of the sex offender is merely the cause of the changed circumstance. He has no interest in the outcome of this case (none that the court ought to recognize at least), and his 'right' to be around someone else's children should not even be under discussion. He has no such right, and he is not a party in the case. Merely a material witness and the source of the changed circumstance. His 'right' to rejoin society has absolutely nothing to do with another person's right to protect their children from him.

[–]mwobuddy 0 points1 point2 points 10 years ago (0 children) | Copy Link

lucky guy.

[–]thalos3D 0 points1 point2 points 10 years ago (0 children) | Copy Link

This. Makes. Me. Mad.

[–]eaton80 0 points1 point2 points 10 years ago (3 children) | Copy Link

This case illustrates why kids have a x10 higher risk of getting physically and/or sexually abused when not living under the roof of their biological father.

[–]OsoFeo 2 points3 points4 points 10 years ago (2 children) | Copy Link

Do you have a citation for that? I'm not challenging you (it's a believable statistic) but it would be handy to have a source, since it is a fairly significant talking point when arguing for the importance of fathers. Shouldn't we be pointing out the biggest real risk factors for rape?

[–]eaton80 2 points3 points4 points 10 years ago (1 child) | Copy Link

It is x8.5 times based on a National Institute of Health study. Here is the abstract on PubMed:

http://www.ncbi.nlm.nih.gov/pubmed/6609753

[–]OsoFeo 1 point2 points3 points 10 years ago (0 children) | Copy Link

Thanks. It's an older article, but it's a start, as it seems reasonably well cited:

https://scholar.google.com/scholar?cites=13687510963261422539&as_sdt=5,38&sciodt=0,38&hl=en

[–]cajunrevenge 0 points1 point2 points 10 years ago (1 child) | Copy Link

I would love to get a feminists reaction to this. If anything happens to those girls that judge needs to be run out of town.

[–]RedditorJemi 0 points1 point2 points 10 years ago (0 children) | Copy Link

If anything happens to those girls we'll likely never hear about it.

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