A Vermont Jessica's Law That Will Work

[Gary Gilbert]

H.418 as proposed does not go far enough. Stiffer penalties for sex offenders may be warranted, but by themselves, will not be effective. We must increase the likelihood of conviction for child predators and maintain greater controls over those on parole or probation. Senate hearings under the direction of Senator Sears have focused on just how to make these things happen. I anticipate a well thought out bill will be presented when the Legislature reconvenes in January.

The proposal by Lt. Governor Dubie, and his work with IT Safety for Children and Child Lures, also recognizes that a sentence length alone is not enough. We must understand how these predators act so we can protect children. I attended both of these sessions and applaud the work he is doing to protect children.

The State Attorneys, the Attorney General, and victim’s advocacy groups have recognized that mandatory minimums allow for no discretion on the part of prosecutors. They believe it will result in less incentive for a guilty plea and lead to more trials, greater stress on young victims and families, and more acquittals. Remember, most assaults involve friends, neighbors and relatives, not strangers. This may affect the willingness of a family to participate fully in a trial. The Lt. Governor’s proposal recommends that a range of sentencing be available dependant on the strength of the case.

We must fully implement Special Investigative Units statewide. Attorney General William Sorrell has stated that special investigative units using trained personnel in Chittenden and Franklin County have resulted in fewer trials, longer sentences, and more convictions because the facts of the incident are so well developed.  Thorough investigations will also reduce the likelihood of wrongful convictions. The State Police must also be trained, as they are the chief law enforcement agency in rural communities.

We must do a better job with offenders on probation or parole. An effective Jessica’s Law for Vermont could require greater supervision by specially trained corrections officers, the right of corrections to require on-going polygraph tests, increased access to computers, electronic monitoring, and an improved notice to the public using an enhanced registry. We also need to determine whether concerns for early release of sexual offenders over rode the potential affect on public safety and was a system or personnel error. Only the administration can answer that.

I can be reached at 849-6333 or ggilbert@leg.state.vt.us.
Representative Gary Gilbert
Fairfax/Georgia

[DrewCrash]

Rep. Gilbert,

What was the point of your editorial? As a voter, I am left confused by your rant, in which I expected to be reading about a proposed solution you wanted to make to help protect the children you represent in Montpelier. Your subject is a "A Vermont Jessica's Law That Will Work" and yet your provide no meaningful insight on what such a bill would truly be compromised of. If I may, I am going to address the concerns I have in your editorial and my concerns with you continuing as my state representative.

If H.418 does not go far enough, why haven't you led to be a part of the solution? I think its important to know that H.418 was INTRODUCED IN FEBRUARY 2007. Exactly how long should a parent of a child, an aunt or an uncle, a neighbor or a friend of a child have to wait for our representative to take a leadership role on such an important issue? What we have received from your role as our representative is another Democrat willing to participate in the super majority that dominates Montpelier politics and continues to be unwilling to lead action. THE BUREAUCRACY YOU CONTINUE TO SUPPORT IS AN ENEMY TO CHILD PROTECTION AND YOUR PARTICIPATION IN SUCH A SYSTEM CONTINUES TO FAIL ALL CHILDREN SYSTEMATICALLY.

Franklin County is home to 7% of all state registered sex offenders. Our neighborhoods are not immune from this growing problem and I see no where in your editorial what you want to take action. You have demonstrated by this editorial that you are willingly taken the approach to wait on the sidelines for others to lead action and change to protect our children.

On the topic of stiffer penalties, you are not convincing that you believe stiffer penalties are warranted. Your own words say, "...may be warranted..." and although you believe more is needed beyond stiffer penalties, and I agree, I have to ask where is your action plan? You are a member on the House Committee for Education. You have concerns that stiffer penalties may ultimately result in a family's unwillingness to participate in a criminal trial. Rep. Gilbert, the spectrum of crimes against children and the reporting of such crimes has always been a problem, even before the introduction of laws similiar to that of Jessica's Law. According to the Rape, Abuse & Incest National Network (RAINN), the nation's largest anti sexual assault network, 60% of all rapes/sexual assaults are not reported to the police. This means that these CRIMINALS never spend a day in jail. Wouldn't it be nice that we have laws that protected children, once these CRIMINALS were caught? As a member of an important House committee, why aren't you formulating a plan to help address the education of reporting such acts of crimes? Developing an improved plan to address the issues in our education systems? Implementing improved state requirements in our school systems and involving mandatory requirements for parental education? After all, the last time I checked education doesn't stop at grade 12.

Furthermore, it is frightening to me that you would state, "We must understand how these predators act so we can protect children." Are you serious? If you don't understand how these criminals act today, than you should not be running for state office. How much longer should we spend on criminal anthropology profiling of such PREDATORS? As a state representative, you have been afforded two years since the introduction of H.418 and you still don't know how predators act? Unbelievable.

Finally, I would like to address the point you made regarding the opinions of state attorneys and the Attorney General, as well as victim's advocacy groups. To begin, there are equally as many victim's advocacy groups who support legislation in the spirit of Jessica's Law.  I'd also like to state that I am not sure you are realizing that Vermonters don't want our judiciary process to continue to have discretion. Despite the beliefs these employees of the TAXPAYER have, there method of plea bargains and less trials HAVE NOT protected innocent children of Vermont from repeat offenders.

Rep. Gilbert, you are wrong to finish your editorial with, "Only the administration can answer that. " You need to be held accountable as well for your lack of action and for your continued participation in the bureaucracy created by the Democrats in Montpelier. I laugh when Democrats in this state scream for a national change in the White House. They claim that America has gone no where in the last 8 years. If I agree to this principal and vote for Obama, then I also say that we end the Democratic control of this state that has led us no where and this includes your role in our government.

Every child has the right to grow up in a safe and nurturing environment and the state of Vermont needs to do more to react to child abuse and treat it like the crime it is. The children of Vermont must receive FEARLESS, UNCOMPROMISING, UNFLINCHING ADVOCACY for their safety in a system that is fraught with INAPPROPRIATE GOALS for the child or complete disinterest in their welfare. Our state legislation must continue to focus in on the child and indirectly on the protective parents and not cater to the continued failed practices to support the reintroduction of PREDATORS into our neighborhoods.

WE SHOULDN'T HAVE TO APPEASE JUDGES OR PUBLIC OFFICIALS TO ACHIEVE PROTECTION OF THE CHILD. Vermonters have a moral obligation to protect our children from abuse and neglect and therefore we must hold the same public officials and judges accountable. The belief of that more trials is a bad thing for the protection of children is not entirely true. Children have the right to competent legal representation in all child abuse cases and if our public officials and judges are not accountable, they must be removed.

Public agencies that serve children should be efficient, accountable, and should place the "best interests of the child" above all else.

Children having the basic constitutional protections that are afforded adults. After reading your editorial and coming away with absolutely nothing inspiring on your behalf to fix the problem, short of applauds you have for those willing to address the problem and your patience for another state legislature to propose a solution after two years of the introduction of the initial bill, I am glad to know there are alternative solutions for me as a voter in November.

Andrew