SD sex offender law violates constitutional rights

This week the South Dakota State Supreme Court ruled that the sex offender law requiring sex offenders to register with law enforcement agencies and appear on a list was unconstitutional.  It violated the guarantee of equal protection and treated juvenile offenders more harshly than adults.


According to The New York Times, this decision was based on a case in Butte County, where a boy who admitted to committing rape when he was 15 was ordered to be placed in custody and register as an offender.  The boy’s lawyer fought the law, saying it was unconstitutional.  According to the sex offender law, adults have the possibility to get a suspended imposition of sentence.  This means that if they complete probation then the conviction is wiped off his or her criminal record and the offender may be able to be removed from sex-offender registry.  However, juvenile do not have this right.

With the new ruling, all juvenile sex offenders may have to be removed from the registry.


One Response to SD sex offender law violates constitutional rights

  1. hateisking says:

    Sex offender registrations are not doing anyone any good. Now we are trying to lock up small children for playing doctor. Place them on the registry for life. It makes no sense to place anyone on it for life. Not even the worst offenders. The worst offenders are already under probation or parole. Do you think you can do a better job of policing these guys then the courts can. Not really. In fact there is nothing you can do that they are not already doing to insure your safety. If the person is dangerous you will be told. If not why do you think you need to look them up and take the law into your own hands. to stand as judge and jury on your own as to and what is to be done with them.

    Fact is if knowing did anything maybe it would stop this. But in fact 97% of the new sex crimes as in child molestation are new offenders. Not all these people your spending millions to track and offend against. Doesn’t do any good. I’m sure you would like to know all about your neighbors and what they have done. I would. there are many things that people can talk about if they only knew.

    I mentioned that 97% are new offenders. Do you know who they are? No you don’t. but here is some place to look. most people on the registry are ones that have committed a crime against a child in their own family. Be it Mom or Dad or their brother or sister that molested them. Some times its their school teacher. Many women teachers are now being prosecuted for sex crimes with their students. This is not just men.add in the teens and some that are even pre-teens and you have a huge section of the population. most will not report. 90% go unreported. Not that they have not been molested but they won’t destroy their family.Some have used this 90% estimate to refer to ex- offenders as possible places to look. however this is only a twist on the facts. They are not out there molesting again. these are new offenders. These people that you list are not the ones that you should fear as much as the ones that you live with and truest.

    If you have a problem with one of your family members being sexual with another. either you will ignore it and hope it goes away or maybe try and get help for the people involved. To do so is a death sentence for your family. if you Ignore it you have contributed to the on going problem making it worse in the long run. if you try and get mental help for them. It will be reported. the person will be prosecuted and you can hang on for the ride of your life. Most will not report. Most will look the other way as not to destroy their family.

    Would it not be better in the long run to list the predators for life. And let the rest serve out there sentence and live a normal life. Make it so families can get help and not go through all the extra hell these laws produce.
    We worry about the victims. Well we also create victims as collateral damage from these registries.

    Do the math people. Stop this before it gets so out of hand that everyone ends up on a list. your son or daughter might end up on it for life. hey maybe you will. Doesn’t take much.

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