NationStates Jolt Archive

I thought since not every delegate reads all the proposals, it might be beneficial to post this here so everyone could take a look.

__________________________________________________________
Treatment of sexual offenders
A resolution to restrict civil freedoms in the interest of moral decency.


Category: Moral Decency Strength: Significant Proposed by: Caseylvania
Description: In many places throughout the world, sexual offenders are allowed to roam free, often with only a minimal notification of the general public. This resolution outlines how sexual offenders should be treated in a moral and just society, in addition to what constitutes various classes of sex offenders.

Class 1 sex offender (mildest)
Defined as: Indecent exposure/exhibitionism, voyeurism, obscene use of telephone.
Punishment: "House arrest". Essentially, said offender is confined to their home, and banned from contact with children. They may work, provided their work does not put them in unsupervised contact with children.

Class 2 sex offender (medium)
Defined as: molestation not including sexual intercourse (includes attempted rape), repeat episodes of offenses as outlined in Class 1.
Punishment: Required prison term to be defined by the home country, required therapy/treatment in a psychological facility. No contact with children, and the subject is forced to exist entirely in their home, without outside contact.

Class 3 sex offender (strongest)
Defined as: rape, aggravated molestation, repeat episodes of offenses outlined in Classes 1 and/or 2.
Punishment: Forced sterilization/irradiation and/or life inprisonment without possibility of parole.
__________________________________________________________

Endorsements would be appreciated, if you agree with my theory.

The United States of Caseylvania

At what point does an offender in Class 1 become a "repeat offender" (and thus eligible to move into the higher and stricter-punished classes)?

Questions:

In a Class 1 offense, why would said person be banned from any interaction with children? This seems to make no sense to me if there were no children included in the interaction -- i.e., If the offender had made lude phone calls to someone of age, but had children of their own who had nothing to do with the interaction. What if this person was the children's sole caregiver? Lude phone calls to someone is hardly grounds to take their children away in and of itself. This punishment seems a bit harsh to me, house arrest also making the criminal more likely to become disillusioned with reality and probably satisfy themselves all day with Internet pornography or the like in which they would not be barred from.

I think counseling would be a much more effective punishment and/or a monetary fine.

In Class 2, again with the assumption that all violent sex-offenders go after children... maybe it would be okay if it was children that they had gone after but you do not specify that at all.

Also in Class 3, with the confusing issue of rape I do not think a forced sterilization is the actual answer to a first offense. What is to keep people from accusing anyone that they do not like? There are many issues in a sexual case. Especially if the two parties were adults and it is only left to the issue of consent. One case of rape does not seem a harsh enough crime (unless extremely violent, etc.) to be terms for life imprisonment. This also does not take into account that some countries may not have life imprisonment but the death penalty. Too many questions could be raised as to the validity of this punishment. Especially if a person is exonerated from their crime but has already been sterilized.

Forced sterilization is stupid. First, rape is not a crime of sex, it's a crime of power. If you take away a man's ability to orgasm he can still maintain an erection. If he can't maintain an erection, either, he'll just use a handy object, such as a chair leg. And believe you me, those membranes are fragile. Regular sex can damage them sometimes - think of what a chair leg would do, mm?

Second, if you're going to lock up a man for the rest of his life, why mutilate him? If you're going to harm his body directly you might as well just shoot him (lethal injection for those opposed to firearms).

Third, what if you've got the wrong guy? You can't unsterilize people, if you did it right to begin with. I'm assuming you're not talking about vasectomy, because that's so tiny it's not even worth considering - I assumed castration or maybe also removal of his penis. You can't undo that. (Not at our current level of technology.)

Class 1: House Arrest

In many parts of the world, countries have neither the technology nor the capital to enforce such a policy. There are homes where there is no indoor plumbing (or doors, for that matter). The anklettes used to follow movement are expensive. Finally, obscene use of a telephone is not justifiably punished with house arrest and seperation from children. Counseling, a fine, maybe. But certainly not the removal of children.

Class 2: Prison Term

Well, if we're going to allow the individual nations to define prison terms, we aren't really solving any problems. Also, "repeat" can be define as anything between two and thousands of instances; where do we draw the line? If I make two obscene phone calls, do I get the possibility of a life sentence (as we fail to define the prison term, see above)? And why a life of solitary confinement? That's incredibly harsh for two obscene phone calls. What if I was intoxicated for the second one? What if the two events occured before the charge was filed? Too many gaps here.

Class 3: Castration

This won't solve problems, especially with a life sentence affixed. And then the biggest and most significant flaw is your definition of a crime. It clearly states, "repeat episodes of offenses outlines in Classes 1 and/or 2." This is rediculous; you are proposing, in the worst of circumstances, mandatory castration and a life in prison for two instances of obscene use of a telephone. In the best of circumstances, we have sterilization as punishment for repeated instances of attempted rape or child molestation. Pathetic at best.

I would strongly recommend reevaluating your wording before submitting this to any serious consideration. Though the principle is there (somewhere), your wording is sloppy and just demands exploitation by a legal system. If you need any assistance in more accurate and restrictive wording, feel free to contact me.

I am sorry if I come accross as cruel and malicious, but I see but one option in this matter. What you describe as level one is mostly harmless and immature. Generally something you'd expect from an average teenager or other immature person. However, when the line is crossed into actual molestation, attempted rape, etc., then only one possibility exists. They must be removed from society. Sterilization, house arrest; none of that guarantees the protection of society. The sterile can still harm others, those under house arrest can escape. There is always the chance that they will once again bring harm to the innocent. In the Commonwealth of the Pure Existence, while such crimes are almost unheard of, there is but one punishment: Incineration. It is the most efficient method for dealing with such offendors. Consider this as an ever viable option.

Yours,
Maestro Proteus
Progenitor and Caretaker of the Commonwealth of the Pure Existence

Catholic Europe cannot support this proposal as the punishment does not fit the crime. This is an injustice to the victim and allows the sex offender to not recieve a correct and appropriate punishment.

I think that we should punish the sex offenders by a hefty fine and several months to years in prison. For repeated rape etc. I believe we should kill the person, or give life in prison without parol.

I think that we should punish the sex offenders by a hefty fine and several months to years in prison. For repeated rape etc. I believe we should kill the person, or give life in prison without parol.

What about your opinions on the proposal?

Seems Fair.

Seems Fair.

Does that mean that you support it then?

Class 1 does not specify a time duration, I do not like the idea of such punishments being permanent.

Class 3 is too permanent. No justice is system is 100% accurate as human error has always existed. Even if a system is 99.9% accurate, as an inncoent man I would not like be sterilized. And how you would "unsterilize" another person is another issue.

These are some of the same arguments why I oppose the death penalty... North Dakota does not have the death penalty, it has the lower crime rate v. South Dakota, which does have the death penalty. There has been no statistical data connecting permanent punishment with reducing crime. These are states that are similar and were the same state at one point The same would go with sterilization.

As the old saying goes an ounce of prevention saves a pound of cure. If you wish to get rid of sex offenders, support rehabilitation and reeducation. I do not see anything wrong with putting them in prison either as suitable punishment.

For democratic countries: think of all the legal fees involved getting to those punishments. The time it takes too would be tremendous, the appeals courts, the lawyers.

I will not endorse this proposal, and if it reaches the floor for UN voting, I will lobby to defeat it.

Do not get me wrong, I do not support molestation or rape etc, but there are better ways at preventing and punishing crime that are less permanent and more productive and efficient. I do not support those who have done wrong, just those who have been wronged. Whether it be people who were raped or molested or innocent people sterilized due to the imperfect nature of any legal system. Human error has been around forever and it is here to stay.

Warmest Regards

Confederacy of the Isles UN Delegate
Hung Tony