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Archive for September 17th, 2016

The police…should…sow trust among the community rather than alienate some…whose actions should not be considered a crime to begin with.  –  Udi Ofer

Saving Them From Themselves

Prosecutors have the magical ability to transform a “child” into an adult, but only for the purpose of wantonly destroying innocent lives:

Austin Yabandith, a 17-year-old from Superior, Wisconsin [was charged with sexual assault of a child, sexual exploitation, and possession of child pornography]…after [a school cop found nude] photos of Austin’s 15-year-old girlfriend on his cell phone—as well as a video of the couple having sex…the age of consent in Wisconsin is 18, which means Austin is…under-age, just like the girlfriend he is accused of exploiting.  But Wisconsin’s sex offender laws [allow]…17-year-olds [to] be charged as adults—even though the law considers them to be children and incapable of consenting to sex…In many U.S. jurisdictions, the law permits consensual relationships [between]  underage teens if the [elder] is no more than four years older than the [younger]…Wisconsin is one of a handful of states with no Romeo and Juliet exception…even though it’s perfectly normal for teens to form…relationships with other teens, fall in love, and [have] sex…

And how did the cop “discover” the photos?  By intimidating the boy into “allowing” him to search the phone.

Above the Law  rapist-politician-richard-keenan

He once said, “Dedicating my life to Jesus has changed my life.”

…Richard Keenan, who served as mayor of Hubbard [Ohio] in 2010 and 2011, was indicted [for] eight counts of rape and 12 counts of attempted rape and gross sexual imposition…Keenan pleaded not guilty…but prosecutors said he admitted to sexually assaulting the girl over a three-year period, beginning when she was 4 years old…Keenan confessed…to his wife, a pastor, a social worker and his brother- and sister-in-law…[after] the child told Keenan’s wife about the abuse and she confronted him…he blamed the child for initiating the sex acts and described her as a “willing participant”…

The Shape of the Spoon

The reason why people view sex work as an “unacceptable” risk for women, while simultaneously encouraging us to become cops, join the military, etc:

…Ashley Thomas…the lead author of a recently published study…note that legal norms needn’t follow inaccurate beliefs about risks.  “The fact that many people irrationally fear air travel does not result in air travel being criminalized…Parents are not arrested for bringing their children with them on airplanes.  In contrast, parents are arrested and prosecuted for allowing their children to wait in cars, play in parks, or walk through their neighborhoods without an adult”…The researchers…created a series of surveys asking participants to rate the danger to children left alone in…specific circumstances…The reasons for the parent’s absence were varied randomly…“A mother’s unintentional absence was seen as safer for the child than a mother’s intentional absence for any reason, and a mother’s work-related absence was seen as more dangerous than an unintentional absence, but less dangerous than if the mother left to pursue an illicit sexual affair,” they write.  The same was true for fathers, except that respondents rated leaving for work as posing no greater danger than leaving unintentionally.  Moral disapproval informed beliefs about risks…“People…think that leaving children alone is…immoral and therefore dangerous.  That is, people overestimate the actual danger to children who are left alone by their parents, in order to better support or justify their moral condemnation of parents who do so”…

Pyrrhic Victory

Surveillance beyond the wildest dreams of the Stasi:

Under a new set of rules, the FBI would have the authority to secretly use malware to hack into thousands or hundreds of thousands of computers that belong to innocent third parties and even crime victims…The new plan…is known formally as amendments to Rule 41 of the Federal Rules of Criminal Procedure, and the proposal would allow the government to hack a million computers or more with a single warrant.  If Congress doesn’t pass legislation blocking this proposal, the new rules go into effect on December 1…The government [pretends] it needs this power to investigate a network of devices infected with malware…what’s known as a “botnet”.  But the…amendments…are woefully short on protections for the [privacy]…of innocent Americans…

Micromanagement

I really hate being right all the fucking time:

Over the last decade, collecting DNA from people who are not charged with — or even suspected of — any particular crime has become an increasingly routine practice for police in smaller cities…in Florida…Connecticut, Pennsylvania and North Carolina…While the largest cities typically operate public labs and feed DNA samples into the FBI’s national database, [small] cities…have assembled databases of their own…in partnership with private labs that offer such fast, cheap testing that police can afford to amass DNA even to investigate minor crimes…some…have quietly begun [coercing] people to turn over DNA…during traffic stops…or…chance encounters with police…Bensalem Township, Pennsylvania…pays for the testing…with…money [stolen from citizens]…Under the Fourth Amendment, law enforcement must have a reasonable suspicion that a person is involved in a crime before requiring a search or seizure.  But the notion of collecting DNA [by coerced “consent”] is still so new that the ground rules remain uncertain.  Who can give such consent and what must they be told about what they’re consenting to?  Who decides how long to keep these samples and what can be done with them?…Automated “Rapid DNA” machines allow police to analyze DNA right at the station in a mere 90 minutes…but…police departments’ private databases…are subject to no state or federal regulation or oversight…

Delightful Conversation 

The stupidity defense:

A man who ran an escort agency…was cleared of any wrongdoing.  Prosecutors proved Candy Girls offered sexual services…The…[various defendants all were found] guilty…[except for] Karl Jackson…[who] left school at 15 with no qualifications and always looked up to his older brother, Leon, who [owned the agency]…When interviewed by police in 2014, he said he ran a “companionship service” and never suspected the girls had sex with clients.  When asked what this involved, he said: “A companion who’s going to sit there and do everything your girlfriend did do, just watch telly and maybe clean your house, I don’t know”…

Wise Investment (#428)

A better monument to the victims would be eradicating the horrible laws that made their murders possible:

After years in the making, a sex worker memorial in Vancouver’s West End [was] unveiled…Friday.  The monument will honour the sex workers who once were part of a flourishing community before being expelled from the area…after a July 1984 Supreme Court injunction by Justice Allan McEachern…During the 1970s and ’80s, the West End was home to a tightly knit, diverse community of sex workers, she says, who kept the area pimp-free…The City of Vancouver has put $28,000 into funding the monument — the same amount it raised in fines against sex workers and consumers during enforcement of its 1982 bylaw…The memorial’s location, at Jervis and Pendrell Streets, marks a convergence of the old sex worker strolls.  It also is in front of St Paul’s Anglican Church, which often offered refuge…

Down Under (#518)

In the US, the government would’ve “helped” by prosecuting her:

A [New Zealand] sex worker’s five-year restraining order has been reinstated after years of harassment from a client that was obsessed with her.  After first paying for her services in 2012, the man began a systematic campaign of harassment when his advances were spurned…The man…would wait for her outside work and hired a private detective…to track down her identity…When she filed for a restraining order, the client went out of his way to protract a course of legal action that was used to “play” with the woman…The man, known in court papers as NR or Mr N, and woman, known as MR, have permanent name suppression and were referred to in court documents as R and M respectively.  The recently-released decision stated that M is allowed to file further evidence, seek reinstatement of indemnity costs and her restraining order for a period of five years has been reinstated…R’s appeals…have been dismissed and he must pay M’s costs…

My First Million (#568)

I hit the 5 million pageview mark just a little after 4:00 UTC last Tuesday, September 13th (a little after 9 PM Monday evening here in Seattle).  Thanks to all the readers who made it happen!
5000000

What Were You All Waiting For? (#654) 

Let’s hope other ACLU chapters start following New Jersey’s lead:

…The Newark Police Department’s 13 arrests on charges related to prostitution over the weekend raise concerns yet again about Newark’s embrace of failed and destructive “Broken Windows” policing strategies.  Using our criminal justice system to harass, arrest and incarcerate consenting adults who agree to exchange sex for money is a poor use of the NPD’s limited resources.  These arrests harm public health by stigmatizing sex workers and making their lives more difficult and dangerous.  These crackdowns harm public safety by stoking fear of police among sex workers…We urge the City to explore harm reduction…and to reject failed approaches of criminalization…Sex work should not be criminalized…

Of Course It Is

Because obviously, the prosecutor couldn’t simply exercise his discretion and decline to press charges:

[Celeste Guap]…remained jailed in Florida…but was offered a plea deal that could hasten her return to California…the assistant state attorney in Martin County, David Lustgarten, said Monday that he is charging Guap with misdemeanor battery.  “The evidence did not lead me to prove beyond a reasonable doubt that a felony was committed,” he said.  Lustgarten said he offered a plea bargain to the young woman…

She was allowed to plead “no contest” to the reduced charge, and returned to California on Wednesday while her attorney belched out “sex trafficking” rhetoric.

Mote and the Beam (#672) 

Alas, the victory was short-lived:  “The Supreme Court declined Tuesday to block subpoenas issued to Backpage.com by a Senate committee that is investigating its alleged role in facilitating child sex trafficking…

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