My daughter's offender just served 3 years in prison for what he did to her. He was released in October 2005 and his 'level' has yet to be classified as a 1, 2, or 3. I contacted the D.A. in early December at the advice of the NYS Sex Offender Registry and was told that all arguments have been made and the judge just has to make his decision. Well, its now 1/17/06 (over 3 months later) and the judge is still pondering. My child has an active order of protection until 2012. I feel we have a right to know where he is and that he blew all his rights when he put his hands on my child. Apparently he seems to have more rights then my child does at this point. I'm unable to reach the judge via telephone & still waiting on return calls from the D.A. Is there anyone else I can contact to get this ball rolling before he abuses another child? He is not listed on the NYS registry.
Thank you for any help!

First let me say that scum like this person needs to spend their life in jail and not just a few years. ( or even less on that recent case)
And of course most likely if it was my child I would be in jail, since I would have most likely decided to let him find out if there was a god or not first hand.

I would say that they are either merely being weak on criminals because of some judges personal view point or the system is so far behind, nothing is being done properly. In either case an attorney may be able to file motions on your behalf to the court to force them to act. That would be my next stop an attorneys office to see if they can force them to act.

Next of course going public, blogs, see if the newspaper or radio may get involved.
Good luck

Lets just say that it's a very good thing that he confessed and they kept him at the state police barracks, then transported him to the prison. I lost my mind when I found out and I did have a loaded gun ready for him. My religion teaches forgiveness which is something that I am unable to do.
My attorney or child advocate is the D.A. I did write a letter to the editor of the local newspaper but I don't want to do too much like that because I'd like to respect the privacy of my daughter and I did hold a public position at that time. My daughter is now having flashbacks, was hospitalized for psychiatric care and will most likely require therapy the rest of her life.
My biggest question is where are my child's rights?? No wonder assault of this nature is happening to children more and more! I'm also currently & unfortunately not in a position to hire an attorney at this time either. I'm at a loss.
Thank you for your advice. If you happen upon an online support group for this type of thing, please pass it along to me.

www.childhelpusa.org

Just in response to Tinangels post,
I've got to say, my heart goes out to you and your child. I myself was abused as a child, and my level of contempt for any form of sex offender runs deeper then I can express. I don't know if this brings you any comfort, it would really depend on how vengeful your feelings are in this situation, but it brings me satisfaction to think of these offenders during their time in prison. You are absolutely correct, and I agree, that these people do not receive sentencing anywhere near worthy in regard to duration of time in prison. What I am satisfied to know, and know first hand I might add, is that virtually every day they spend, is one of fear, and often serious pain.
Its not relevant to me who or what were factors in my life turning towards crime and imprisonment for the 20-25 years of my life, being abused may or may not been a factor. Though I find it interesting (as well as tragic) that over 95% of prison inmates were abused as children. What is relevant, was that I saw precisely what is done to these people. I spent only 6 months in a maximum security prison here in australia, but I saw a mentality of sheer hatred, and a comittment to physically and mentally punish sex offenders. Men who are violent towards, or mistreat women and children in any way are cast down as the lowest creatures, and worthy of constant inury, and torment. Though I still feel injured emotionally, by having seen the things I saw in prison, and have gone through in prison, it was worth seeing the constant hell these filthy excuses for men are put through, and are treated as.
Nothing can change the damage these people do, and the pain they cause, but it sure as hell makes me feel better knowing that they are physically destroyed almost every day they spend in their cage. Thinking of that... somehow makes 3 years feel a little longer to me then it really is.

Take care, my heart is with you and your

Hi Vex & thank you for your input. It does take great strength to speak about you own experience & I commend you for that. The prisons here are about the same and a few of our friends were correctional officers who could not believe what he did either. I've heard quite a few times that they were 'taking care of it' and he'd be foolish to come near us again.

I was also severely abused as a child and raped at 16 yrs old and I have never used that as a factor in my life other then dealing with it and moving forward and leaving the past where it belongs. Although it is difficult at times, we are doing well and have great therapists. My daughter knows there is nothing I wouldn't do not to protect her. My children are my life & the most disturbing part of this is that we always talked to about good/bad touch and it began after I had surgery and was medicated. I did not see the signs and my daughter did not tell me. If only...

Update: its now about 4 months after his release & the judge is still pondering his decision on what 'class' to put him in (so much for protecting other children). I pray every day that God watches over and protects all children in & around him and that I'll have the strength to remain calm & walk away if/when I unexpectedly see him again. The District Attorney has also failed to return my 15 phone calls to her office. We plan on moving back to NY (to marry into a HEALTHY relationship) in mid June. I hope they classified him... if not, they all need to hold onto their rear ends as I will work 5 jobs just to afford an attorney to go after them and do whatever I need to do in order to get a law passed so this doesn't happen to any other family.

I'm in contact with the editor of the local newspaper and they're interested in doing an article about our experience. Pray that they don't release mine or my child's name as we are moving back to that area in June to begin a healthy life and a fresh start. It took me over an hour of sitting here to click the send button. I hope I'm not making a mistake.
Thank you to everyone who's responded to my posting as you've giving me a little more strength to move forward.
God Bless,
Tina

Welcome to the American Criminal Justice System! Bidness as usual, fill the coffers! Hey, if it isn't broke, don't fix it! To serve and protect Corporate America's intrests with unwaivering courage and pride till death do us part. Sorry, but it really has come to that.

Well, I finally feel that my children & I have some closure. He was classified as a level 2 offender (moderate risk) & has to register as a sex offender for life. The only thing is that in NYS, only level 3 offenders' photos & information is available to the public. It's also up to the town he lives in to notify the public. Its so sad & makes me insanely angry to think that he can do this again and he has "the right" to privacy. I think he gave up all rights when he put his hands on a child. Our judicial system is so disgustingly dysfunctional. Thanks to everyone for your input with my posting. Take care & God Bless :-)

Good luck to you and yours and GOD bless.

The level that this guy gets isn't determined by the judge, its determined by the adam walsh act (google it). Judges can't arbitrarily decide what someone's level is, and sex offenders do not have any rights, all his information will be public and he will be classfied into a tier by federal law. The only reason its taking time is because the government works very slow. But when they get him in the system, all your worries will be over. I feel for you and your child, and wish the best for you. Child molesters should get much more than 3 years in jail