Jail time: Governor signs life-sentence law for pedophiles

Nothing says "tough on crime" better than a jail, and on September 7, that was the setting for the photo-op signing of six bills that toughened penalties on child molesters, four of them carried by Delegate Rob Bell.

Local law enforcement gathered at Albemarle-Charlottesville Regional Jail, where sunlight glinted off the razor wire, and attendees admired the Blue Ridge Mountain views– and sweat– while waiting for the Gov.

The most severe law imposes a mandatory minimum life sentence for offenders who rape, commit forcible sodomy, or perform object sexual penetration on a child under 13.

"Here's the message: It's one strike, and you're out in Virginia," Governor Bob McDonnell warns pedophiles.

The other bills McDonnell signed, inspired by Penn State's Jerry Sandusky, require employees of institutions of higher education, and athletic directors and coaches of private sports organizations to report suspected abuse of a child.  "Grooming" a child with child porn is now a Class 6 felony, and it's illegal to require a person to provide child porn to join a group that shares such material.

35 comments

Molest a child and you go to jail for life. Beat your girlfriend to death with your bare hands and you get 23 years (17 with time served and good behavior.) That's messed up!

I guess it's what you'd expect from the bunch who would give more rights to a microscopic fetus than to an adult woman.

Outstanding!!!

I think a bullet to the back of the head would be cheaper but this is a step in the right direction.

moolah, what you fail to realize is that the legislature and governor's office is reacting to meek sentences handed down for these sorts of crimes by local judges. For too long our society has turned a blind eye to these crimes and sought to sweep them under the rug.

Turning a blind eye to child sexual abuse has happened too many times locally. The shame of those adults who are complicit in aiding and abetting child molesters simply by doing their jobs as judges, guardian ad litems, news reporters, news editors (ahem), and attorneys has led to a state where people are fed up.

Politicians pay no price for being tough with child molesters, but you wouldn't know that based on the weak laws that are on the books (until now). You also have to realize that this sort of tough law is political inoculation for any politicians who may be exposed as having associations with child molesters.

It sounds sordid, far-fetched, and conspiracy-minded, but you just might be surprised at the number of prominent men who have something to fear in this regard. By doing nothing, we allow evil to flourish. In this story you see examples of people taking action to protect the most vulnerable.

As to your point about the light sentence for George Huguely, the argument regarding the varying degrees of murder and/or manslaughter is another topic. I suggest that if you want those sentences to be increased, you start to lobby lawmakers. Clearly that is what's happened in this case.

I think Governor Bob McDonnell could set a better example if he decided to be driven around in a more fuel efficient vehicle. And having one of my own, I know the terrible mileage that his Suburban gets both in city and highway driving.

As far as the life sentence law, good work!!!

BRAVO Governor - this is great progress.

My daughter covered a story regarding a pedophile History Teacher at her High School; RIO AMERICANO IN SACRAMENTO, CA...TEACHER: Gregory J. Rayburn - he molested high school girls and only received a 3 year sentence.

My daughter lost all her friends because no one believed that a military man/history teacher (who was booted from Bella Vista High for the same accusations)...enough said..This pedophile ruined at least 5 young girls lives.

Do you realize that a pedophile has raped 160 children before he is caught!

Well done Governor McDonnell!

The Governor deserves a huge pat on the back for this one!

If you have never encountered nor been involved with a predator pedophile; the damage is far worse for the child inflicted and the punishment goes on and and on for generations. These kids often times become pedophiles!

Get your facts straight or quit flinging stupidity all over this post!

McDonnell's saying "get help before you get caught" and Bell's saying "it's clear these people cannot be helped they need to be in jail for life." Can we deduce from these respective statements that the bill McDonnell signed into law was carried by people whose justification for passing the law is not a belief which is shared by McDonnell?

And if so, may I question the motives for signing it?

Laws like this, no matter how well intentioned they are, will only serve to drive people with this problem - illness - further underground and further away from the treatment they need to keep from offending. This does not make me feel my children are the slightest bit safer. I personally don't care about the Old Testament eye for an eye that this talibangelical crowd seems to prioritize: they're more worried about punishment after the deed than prevention before the deed.

I agree with Moolah: the crazy disparities in the system are evidence of the fact that our priorities are messed up.

Doesn't this set up a crazy situation where the criminal child molester might benefit by killing the child to cover up the molestation? After all, if he can get 2nd degree or less, his sentence would be a fraction of what it would have been for the molestation alone. That's messed up.

And picture this law in a state that doesn't have the death penalty (which isn't always applied in murder cases anway, even in Virginia). Why wouldn't the molester just kill the child if the penalty is gonna be the same either way, if he thinks theres a better chance of getting away with it if he does, and some molesters would enjoy that even more than the molestation.

show me where child molesters have successfully received treatment and been released to the general public and not offended again.

This crime has one of the worst recidivist rates of all major crimes.

As for the supposed benefit of now killing the rape victim, using your logic, we should therefore remove all penalties for this crime. After all, if there is no punishment, then the molester would have no incentive to cover up the crime!

Criminal statutes are written to protect the public and mete out justice. They are not written to give incentives to perpetrators towards a certain behavior except to not commit a crime.

These people do not have a sickness. Indeed, there has not ever been a treatment that has cured them of their criminal activity. They are perpetrators of child rape. Society dictates that they be punished severely for their severe crime.

Those that seek to claim that this crime is not so bad could very well have an ulterior motive. Regardless, put your money where your mouth is and lobby our lawmakers to reduce the penalties for child rape. Do it publicly, if you have the courage of your convictions.

Amen to this Gov. I have said for years this needed to happen, it is about time! I was a child victim, and I feel if the victims have to live long hard lives because of the pain the person inflicted on them, then the perp should suffer a life long fate as well!

If Bob McDonnell cared as much about punishing child pedophiles as he wants us to believe, Dyncorp wouldn't be doing business in this state.

Probably the ONLY thing good McD has done in this state but I do agree here with others, why not do more for other crimes? Why has he had his AG out there loosing case after case for their own agendas? Including the insanity that will hit the Board of Health on Friday, September 14th?

Here in Virginia, I believe killing a child is a capitol offense, so that is death penalty + with science as it now is, it will be hard to cover up. Then, they do not catch the smart criminals - only the stupid ones.

Let's clear some things up:

Child molestation only has a high recidivism rate on TV. In real life, it has a fairly low recidivism rate, and that was true before the sex offender registry was created and before we passed Meghan's law, and it will be no more or less true now that these laws were passed. Yes, some will offend again; most will not.

Second, regarding killing children to avoid prosecution, that is something that has already been observed as an effect of another knee-jerk reaction: the AMBER alert system. Yes, there have been cases of kidnappers killing their victims when they saw an AMBER alert. It is not true that modern forensic science is a magic bullet here, since according to the FBI, nearly 40% of homicides go unsolved each year. That might be a bit lower in the case of child molesters, since most child molesters are friends or relatives of their victims (and thus automatically on the list of suspects), but not by much. As a simple numbers game, it just makes sense for a child molester to commit murder in light of this law -- it reduces the likelihood of being caught, and even if he is caught, the punishment is no worse than it would have been in the first place.

This is a law signed shortly before an election -- it is just posturing, an attempt by the governor to show that he is "fighting back" against all those pedophiles out there (the media keeps telling us that they are hiding around every corner). This is worse than a knee-jerk reaction; this is an attempt to score some votes by leveraging public fear about a horrific crime happening to their children. These laws, like previous reactions to horrific crimes, are poorly thought out, are unlikely to actually protect children, and will almost certainly have unintended consequences years from now, when we have all forgotten why the laws were passed in the first place.

care to back up your baseless assertion, "D"?

Here's my backup, where's yours?

http://www.csom.org/pubs/recidsexof.html

"Studies of the recidivism of child molesters reveal specific patterns of reoffending across victim types and offender characteristics. A study involving mentally disordered sex offenders compared same-sex and opposite-sex child molesters and incest offenders. Results of this five-year follow-up study found that same-sex child molesters had the highest rate of previous sex offenses (53 percent), as well as the highest reconviction rate for sex crimes (30 percent). In comparison, 43 percent of opposite-sex child molesters had prior sex offenses and a reconviction rate for sex crimes of 25 percent, and incest offenders had prior convictions at a rate of 11 percent and a reconviction rate of 6 percent (Sturgeon and Taylor, 1980). Interestingly, the recidivism rate for same-sex child molesters for other crimes against persons was also quite high, with 26 percent having reconvictions for these offenses. Similarly, a number of other studies have found that child molesters have relatively high rates of nonsexual offenses (Quinsey, 1984)."

These people cannot be cured. Washington state and others pursue "civil commitment" to remove these predators from society for long periods after their criminal sentences are up. The reason for these civil commitments is that these states do not have laws like Virginia now does.

The unintended consequence of not removing these predators from society is more victims. Don't be fooled by D's attempt to denigrate this law. Bob McDonnell did right here.

People angry about punishing child molesters most likely have an ulterior motive.

Yet more:

http://www.leadershipcouncil.org/1/res/rcd.html

"The vast majority of sex offenses are never reported. For instance, the National Women's Study surveyed a representative sample of over 4,000 adult women in the United States . Three hundred forty-one (8.5%) of these women were victims of at least one rape prior to the age of 18; however, only 11.9% of these women reported the rape to authorities (Hanson et al., 1990). And it must be remembered, of the few offenses reported, an even smaller number result in convictions.

The problem with using recidivism rates to determine the rate of reoffending is readily apparent when considering the following example. If 100% of released molesters reoffended, but the rate of reporting is only 12%, and the conviction rate is half of this, than the recidivism rate would be reported as only 6%!"

Compare and contrast those numbers with the number from my previous comment. It is nothing more than a lie to say that child molestation does not have a high recidivism rate.

One strike life sentences will certainly enrich the prisons-for-profit industry at the expense of Virginia taxpayers. The expense will be cumulative and increasing for decades to come. Soon Virginia, like California, will find that they're spending more for prisons than for education. Maybe they are already. Is that the future we want?

Thanks D for the most insightful comment posted here on this topic. To be sure child abuse and molestation are serious crimes, not to be taken lightly. However, they are, in fact, not as prevalent as conservative commenter "meanwhile" suggests, nor is recidivism as serious a problem as he portrays it.

According to the Center for Sex Offender Management (CSOM), the source cited by "meanwhile" (where he cherry-picked his information), "sex offenses represent under 1% of all arrests." Moreover, CDOM reports that "overall the data tells us that between 12% and 24%" of offenders "have repeated their crimes." To say that another way, between 76 and 88 percent of sex offenders have NOT "repeated their crimes." I'd guess that most people would sink some cash into the lottery if they were 88 percent sure they'd win.

"Meanwhile" invokes fear and misinformation when he says that sex offenders (i.e. "predators") "cannot be cured." The CSOM says "Specialized treatment can help sex offenders to develop important skills that can help them manage their behavior over time, which can reduce their chances of sexually abusing in the future." The COM continues:

"Adult sex offenders who receive treatment have lower rates of recidivism than offenders who do not
receive such treatment (Aos, Miller, & Drake, 2006; Lösel & Schmucker, 2005). This also holds true
for juveniles who have committed sex offenses (Reitzel & Carbonell, 2006)."

But, of course, Lil Bob McDonnell and pathetic Rob Bell would rather lock these offenders away forever and take the "tough cop" approach. Naturally, they'll oppose any measure to actually pay for their mandate.

The Center for Sex Offender Management points out the treatment program for sex offenders in Vermont for its work. Notes the CSOM: "Research on Vermont Treatment Program for Sexual Abusers programs indicates that sex offenders who complete either prison- or community-based treatment recidivate sexually at significantly lower rates than those who did not receive or failed to complete such treatment (McGrath, Cumming, Livingston, & Hoke, 2003;McGrath, Hoke, & Vojtisek, 1998)." In other words, treatment works.

The CSOM also makes this important policy, and political, point: "criminal justice practitioners must avoid reactionary responses that are based on public fear of this population. Instead, they must strive to make management decisions that are based on the careful assessment of the likelihood of recidivism."

This is a caution thrown into the rhetoric-stoked conservative political winds by McDonnell And Bell. As "D" comments, this is merely "posturing, an attempt by the governor to show that he is" seriously tough on "all those pedophiles out there... this is an attempt to score some votes by leveraging public fear." Yep.

And like the "three strikes and you're out" laws pushed by conservatives in the not-so-distant past, as "D" warns us, these Bell-backed bills "will almost certainly have unintended consequences years from now." Think about it. Other conservative-initiated and implemented policies have been utter fiascoes. Supply-side tax subsidies for corporations and the rich that piled up deficits and debt, and increased poverty, especially child poverty. Laissez-faire deregulation that aided and abetted massive fraud and corruption on Wall Street, transferred huge sums of public treasury funds into private bank accounts, and broke the economy leaving "an estimated 2 million children directly impacted by the mortgage crisis as their families lose their homes due to foreclosures." A $2 trillion-plus unfunded war in Iraq over mythical weapons of mass destruction that's led to a huge death toll, including tens of thousands of Iraqi children. McDonnell and Bell supported all of it.

Now those are really "some numbers" for meanwhile to "compare and contrast."

Was there a special session of the General Assembly that wasn't publicized? Otherwise, I'm not clear what law the Governor was "signing" given that all legislation passed in the spring regular session would have had to have been approved by the Governor way before now.

Seems a waste of taxpayer resources to have an event which is nothing but ceremonial.

Meanwhile, I never said child molestation was "not so bad" and I didn't express anger at child molesters being punished, and the ulterior motive you see is simply a different perspective - a perspective that takes into account the grandstanding and hypocrisy - and is repulsed by it.

Thank god - its a step in the right direction. Next
- sex offenders to into general population - not protected segregated cells. If they can survive general population then they can have life in jail.
- up the anti to death penalty. I'm sure any parent of the victim child would be happy to buy the bullet and pull the trigger.

Under 13 - these are BABIES!!! they should be protected and punishment should be swift and severe!!!!

Meanwhile,

If I was reading the statistics right from the study you posted it talked about the difference between same sex offenders and oppositive sex offenders in relation to sex of the victim. It also said that they had the highest recidivism rates of sex crimes study not overhall highest recidivism rates of ALL crimes committed. I suppose I could of read it wrong though.

I think D posted a lot of valid points. I feel that most new laws created are generally knee jerk reactions though.

Now if they would only punish the prosecutors and "alleged victims" when false accusations are made. Until Social Services and police investigators alter investigative practices to pursue the truth rather than their own personal agenda, there will be innocent people thrown behind bars due to personaly vendettas. This is a smoke and mirrors piece of legislation. Those who are truly prone to commit this type of crime will not be persuaded to do otherwise. Those who would never consider committing such a crime should be very very scared.

Democacy says:
According to the Center for Sex Offender Management (CSOM), the source cited by "meanwhile" (where he cherry-picked his information), "sex offenses represent under 1% of all arrests."

but that is one percent of all ARRESTS not all CRIMES. That does not mean that crimes don't occur it means that they are either undereported or unable to be proven enough to arrest and prosecute. muders are 1 percent so what is your point? We should not deal with that?

There is a problem with the law in that even victims which are often family memebers or close enough and would be afraid to send their mothers brother or boyfriend or 2nd husband away for life when all they really want is for it to stop.

Retribution is fine with me if there were no unintended consequences, but imagine the misplaced guilt an 11 year old would feel to send away the love of the mothers life and breadwinner of the famly for what was a one time event that the child mistakeny believes will have no long lasting effect (make sure you jerks out there see the word "mistakenly" please)

They need to revisit this and figure out a more intellectual and effective way to deal with this issue. Hopefully in the meantime the prosecutors will make sure they have their perp and not a disgruntled Ex who brainwashed a child...

The best way to deal with this is prevention, parents should not assume that people are above this behavior and keep closed doors to a minimum. They should also make sure they are not allowing or encouraging oversexualized behavior as has been promoted by hollywood for the last few decades. It may reduce the total number of incidents, will make sure that those who do perpetrate the crimes have to take more chances which will lead to stronger prosecutions.

It is too bad that public hangings are politically incorrect, that seems to me a good way to spread the word for deterrent purposes....

Just so the facts don't get lost. This is what we're talking about:

"The most severe law imposes a mandatory minimum life sentence for offenders who rape, commit forcible sodomy, or perform object sexual penetration on a child under 13."

Rape, Sodomy, or Object Sexual penetration on a child under 13.

According to 'M': "Those who are truly prone to commit this type of crime will not be persuaded to do otherwise."

Yes, you're exactly right which is EXACTLY why this legislation passed. There is no reason to have these perpetrators in society, ever. They should be locked up.

Look at the civil commitment statutes in Washington. There are states that have thoughtful approaches, and they invariably result in these perpetrators being locked up in perpetuity.

Virginia politicians have the courage to codify that policy into law.

Not sure why "democracy" believes that punishing child rapists harshly is a 'conservative' political attribute. Are you saying that 'liberals' believe in giving child rapists a slap on the wrist?

And as long as people want to argue about it, I'll keep backing up the fact that sexually violent predation has a very high recidivism rate:

http://sapac.umich.edu/article/198

Those that disagree can keep on simply asserting otherwise based on absolutely nothing at all.....

Must the crimes be proven by evidence? Is he sai d she said enough to persecute? The accused is always presumed guilty whether they are or not. If only guilty people were punished, I wouldn't have any problem with the law. Since innocent people are presumed guilty on accusation, I have a huge problem with it.

This bill was a knee jerk reaction to the Penn State scandal. Gov McDonnell and Rob Bell had the opportunity to address rapes on children under 21 (ie college coeds) and they turned a blind eye to the legislation that so many petitioned them to pass.

Yes, I am glad to see this bill, but let's keep it in perspective - it was just a reaction to Penn State in an election year.

Virginia Legislators have a long way to go to effect legislation against sexual predators.

The same source commenter "meanwhile" cited –– the Center for Sex Offender Management (CSOM) –– provides a wealth of data that undermines his argument, as I noted in my comments above.

Again, as I pointed out, child abuse and molestation are serious crimes, not to be taken lightly. However, contrary to the claim that sex offender scan never be rehabilitated, the CSOM says "Specialized treatment can help sex offenders to develop important skills that can help them manage their behavior over time, which can reduce their chances of sexually abusing in the future." The COM continues:

"Adult sex offenders who receive treatment have lower rates of recidivism than offenders who do not
receive such treatment (Aos, Miller, & Drake, 2006; Lösel & Schmucker, 2005). This also holds true
for juveniles who have committed sex offenses (Reitzel & Carbonell, 2006)."

Moreover, The CSOM makes this important policy –– and political –– point: "criminal justice practitioners must avoid reactionary responses that are based on public fear of this population. Instead, they must strive to make management decisions that are based on the careful assessment of the likelihood of recidivism."

What Lil Bob McDonnell and Rob Bell and "meanwhile" do is to try and stoke "reactionary responses based on fear" and misinformation, and yes, this does seem to be a hallmark of conservatives (death panels? weapons of mass destruction?).

"Meanwhile" makes the fatuous claim that "Those that disagree can keep on simply asserting otherwise based on absolutely nothing at all." Huh? His own cited source refutes the claims he makes. So, we're left with the fact that it is "meanwhile" who has "absolutely nothing" that's thoughtful or accurate to impart.

Note to Bill Marshall: the death penalty is not a deterrent...when the British were publicly hanging pickpockets, pickpockets worked the crowds picking pockets. As the scholars John Donohue and Justin Wolfers point out, "The view that the death penalty deters is still the product of belief, not evidence....when one considers
all the evidence the empirical support for the proposition that the death penalty deters is at best weak and inconclusive."

Democracy,

If they instituted the death penalty as quickly as they should and it deterred even one person then it works. It is also has a succesful recividism rate because dead people don't reoffend.

I actually agree with you that this law is not well thought out but it is because I care about the victims and its low probablility for measureable success. Your reasoning is just "we can save the world" dribble.

The quote you cited "Adult sex offenders who receive treatment have lower rates of recidivism than offenders who do not receive such treatment " is simply ridiculous.

It is akin to saying " people who seek help help have a higher success rate than people who don't even try" DUH..... The question is what is the return on the investment to help them stop. If we can incarcerate 50 for the same money we can maybe possibly fix one then I say lock em up.

Unless of course you just want to put a pedophlle tax on those mean old rich white people to buy these cretins their own commune where we can spend al kinds of money trying to convince someone that the one thing they enjoy enough to risk it all for is wrong.

We can possibly "retrain" a pitbull not to attack too but that annimal should not be left loose when kids are around either...the risk is simply too high.

@ Bill Marshall

The quote I cited came from research (note the citations)"

"Adult sex offenders who receive treatment have lower rates of recidivism than offenders who do not
receive such treatment (Aos, Miller, & Drake, 2006; Lösel & Schmucker, 2005). This also holds true
for juveniles who have committed sex offenses (Reitzel & Carbonell, 2006)."

The Center for Sex Offender Management points out the treatment program for sex offenders in Vermont for its work. Noted the CSOM: "Research on Vermont Treatment Program for Sexual Abusers programs indicates that sex offenders who complete either prison- or community-based treatment recidivate sexually at significantly lower rates than those who did not receive or failed to complete such treatment (McGrath, Cumming, Livingston, & Hoke, 2003;McGrath, Hoke, & Vojtisek, 1998)." In other words, treatment works.

Moreover, The CSOM makes this important policy –– and political –– point: "criminal justice practitioners must avoid reactionary responses that are based on public fear of this population. Instead, they must strive to make management decisions that are based on the careful assessment of the likelihood of recidivism."

Now I know you are impervious to what contradicts your dogma, but the facts are the facts.

Democracy, You inability to understand does not make you right...

If they spent 100 million dollrs trying to "Cure" these animals the odds are overwhelming they may reach a few of them... that does not justify the expense... I didn't challenge your assertion I simply provided anm example of how ridiculous it was... It is quite obvious that if we preached relentlessly to pedophiles it will prevent somebody from acting on their evil impulse. The problem is that you never know which guy reached until he dies without reoffending and you have meanwhile let a lot of pitbulls out on the street when we KNOW we didn't "cure" them all.

Once agin those that are dead or in jail for life never reoffend....

I care about the children and believe the law as written may cause some children to be afraid to speak up because they don't want to have the guy destryoyed they just want it to stop. I don't have the answer, I just don't think this is it.

I do think a lot of the problem can be solved by parents taking affirmative action and make sure their child is not put into vunerable situations.

Once you have been proven to be an offender that should be enough evidence for society needs to deny you any and all opportuinties to reoffend.. whether that is castration, ankle bracelet, incarceration or death is up to the stomach of the people. The goal should not be to cure anybody it should be to reduce the number of molestions that occur.

Certain crimes are unforgivable and uncacceptable and deserve no second chance.

Get these sex offenders out of the public parks!

All sex offenders should be locked up for life.

Sex offenders are caught once they reach the 160th offense. Gross.

Once busted they should be removed from society period. There is absolutely no rehab for such x-humans. They repeatedly offend and re-offend and re-offend. Get them off the streets and out of the public parks!

Governor McDonnell was absolutely correct in sentencing LIFE to these grotesque creatures.

...pedophiles have been able to hide their offenses for so long that my bet is: that 93 percent rape and pornicate our youth repeatedly. Get them off the streets and out of our PUBLIC parks.