NEVADA DEBATE

Tougher child molestation law sought

Tougher laws are needed to keep child molesters in prison and prevent them from committing more crimes, according to a newly formed local chapter of a national group that hopes to get legislation passed in Nevada in 2007.

"The justice system has opened a revolving door to let repeat offenders out of custody," said John Steinbeck, a Las Vegas Fire Department captain who was recently named state director of the Jessica Lunsford Foundation. "These people are predators, and they are preying on our children."

The foundation is named for a 9-year-old Florida girl who was abducted, sexually assaulted and killed in Florida a year ago. The man who confessed to the crime had previously been convicted of fondling a child. Based on that incident, the Florida Legislature passed the Jessica Lunsford Act, mandating 25-year minimum sentences for child molesters and GPS tracking if and when they are released from prison.

Two other states, Arizona and Louisiana, also have passed versions of "Jessica's Law," and several others are considering legislation. The national effort has been headed by Jessica's father, Mark Lunsford.

Steinbeck said while Nevada's laws were by no means soft, they ought to be toughened. While the current law mandates a minimum of 20 years, that often gets reduced by plea bargains or suspended as probation, Steinbeck said. The foundation's slogan is "25 years to life - no exceptions."

The state effort will involve fundraising events and a media campaign in addition to political advocacy, said Steinbeck, who said his only political experience was membership in the firefighters' union.

But some say Nevada's laws are plenty harsh - and effective - already. While chronic pedophiles should be locked up, the law should allow flexibility for judges and prosecutors to evaluate situations on an individual basis rather than imposing a one-size-fits-all solution, Clark County Public Defender Phil Kohn said.

"I hate to see discretion taken out of the system," he said. "We are already very, very strict in Nevada. When the government has a good, strong case against a pedophile, they are put away for life."

Kohn said longer sentences might be perceived as tough on crime, but they also add up to a huge cost to taxpayers. "Of course we're all against child abuse, but I think we need to study very carefully before we decide to treat this crime differently than any other," Kohn said. "It's easy to get the public to support something like this, because it's very sensational."

Tragic incidents such as the death of Jessica Lunsford are rare, said Chief Deputy District Attorney Tom Carroll, who heads the office's special victims unit.

The majority of child sexual abuse occurs at the hands of family members. Molestation by a stranger is uncommon.

Carroll could not recall a case in Nevada in which a sex offender was let out of prison only to molest and kill a child, although he said there are occasional cases of serial molesters.

District Attorney David Roger said he did not know yet whether his office would support the Lunsford Foundation's legislative effort, but said he understands the public outrage surrounding the issue. "The reason why we're at the point we're at today is because there are cases where judges didn't exercise good judgment," Roger said. "People who molest children are sick, and I'm not sure that the crimes we have on the books are a deterrent to them. The question is, once we catch them, can we protect the community?"

Steinbeck, who said he is convinced that public sentiment will be universally in favor of his cause, has little sympathy for those who advocate leniency.

"Certainly, we want (child molesters) to get their day in court and have due process," he said. "But after that, let's make the punishment fit the crime. They have destroyed a life, and we have to protect society from them."

Molly Ball
6 February 2006

http://www.lasvegassun.com/sunbin/stories/lv-other/2006/feb/06/566658346.html

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