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No Easy Middle Ground
In Debate on Sex Crime Sentencing
By John P. Gregg — Valley News Staff Writer
Montpelier — Vermont state senators yesterday sparred over the issue of imposing mandatory minimum sentences for sex offenders, with advocates saying society wants more uniform prison terms and opponents saying they would discourage plea bargains and further traumatize victims.
The issue came to a head after state Sen. George Coppenrath, a West Barnet Republican who represents several Upper Valley towns in Orange County, presented the Senate Judiciary Committee with a petition signed by more than 2,000 Vermonters. The petition called for passage in Vermont of a "Jessica's Law," named for a Florida girl allegedly raped and murdered by a sex offender last year, including 25-year mandatory minimum sentences for child molesters.
"I just want to provide the committee with evidence of what people really want," said
Coppenrath, who is not on the Judiciary Committee. "Society needs to say 'time out' for certain types of activity. ... Our society expects some sort of mandatory minimums for some crimes."
But Senate Majority Leader John Campbell, a Quechee Democrat and former sheriff's deputy in Florida, said many prosecutors and victims' advocates warn against mandatory minimums, saying they would reduce incentives for plea bargains, force more victims to testify and lead to more acquittals. A vast majority of sex offense prosecutions end in convictions through plea bargains, officials said.
Campbell, now an attorney, said he finds it "extremely offensive" when critics of
mandatory minimums are described as "soft on crime." He said the mandatory prison terms can have "unintended consequences," a statement also echoed by the Attorney General's Office.
Later in the meeting, state Sen. Wendy Wilton, a Rutland Republican who has
co-sponsored the mandatory minimum measure with Coppenrath, said she was told many victims feel "empowered" by testifying against their attackers.
"Where children are victims, there needs to be some restitution to society and to the victim, and without imposing minimum mandatories, I'm not sure we are going to get there," Wilton said after the meeting. "I don't think it's a bad thing that these
cases go to trial. I know it's traumatic. I know that's part of the price we pay for bringing it to trial, but from a lot of people I talked to who work with victims ... many of them say that it's actually cathartic in the long run that someone go to trial and be able to start their case."
Both Windsor County State's Attorney Robert Sand and Defender General Matthew Valerio, who were present at the Judiciary Committee meeting called to discuss a recently passed House bill on sex offenders, disagreed with Wilton's argument.
"Victims of this kind of violence are not good witnesses. They have memories
that have been traumatized. You have families where incest is involved, and they don't want the cases publicized," said Valerio, whose office represents needy defendants.
"More trials will mean more acquittals. More acquittals will mean more people who are not held accountable for their conduct, that's a simple equation," added Sand.
"I'm not convinced of that yet," said Wilton, who argued that new special
investigative units could improve prosecution of sex offenders.
The House bill imposes the threat of a mandatory life sentence on sex offenders who do not undergo treatment, but House lawmakers rejected both mandatory minimums and a civil commitment measure sought by Republican Gov. Jim Douglas.
Senate Judiciary Committee Chairman Dick Sears, a Bennington County Democrat, said again yesterday he is interested in mandatory minimums to avoid a disparity in
sentencing for sex crimes. A recent study, for example, showed sex offenders get shorter sentences in Chittenden County then in Bennington County, Sears noted.
"I personally would like to see a 10-year mandatory minimum on aggravated sexual assault and some shorter mandatory minimums on some other crimes," Sears said after the meeting.
Throughout the meeting, Sears expressed frustration that the House had included
only an additional $565,000 for new programs, such as increased pre-sentencing investigations for sex offenders and the special investigative units.
"I don't see anything in here that evaluates what the real cost of this bill is. I suspect it's several million dollars," Sears said. "I'm really worried about this. ... I know there's a cost to mandatory minimum sentences, but I want to offset
those costs with reductions (in sentences) to nonviolent offenders."
House Judiciary Committee Chairman Bill Lippert, D-Hinesburg, later said the House bill accounts for most new costs.
"What
I understand is (affected state agencies) will operate within the money that is available. There could be some additional costs there, but it's not millions of dollars, nothing close," Lippert said.
After the meeting, Campbell said he is frustrated by what he considers an "undercurrent of politicization" in the debate, such as the push for a Jessica's Law in Vermont.
"All they are doing is continuing with the victimization of the individuals who are involved in these cases ... to use victims in that manner, I find abhorrent and
I'm so shocked," Campbell said.
Copyright © 2006 Valley News May not be reprinted without permission
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