A Reminder of what "Sexually Violent Predator" Really Means

I would like to point out that the term "Sexually Violent Predator" rarely means what folks could reasonably expect it to mean.

"Sexually Violent Predator" does not require actual "violence". In every state using the term it means having ANY kind of sex with someone under the age of 14 or 13 (depends on the State).

The mere act of having sex with someone under that age is, in the State's definition, "sexual violence". No actual violence need be employed.

Thus, it serves to drum up lots of hysterical reaction from the public. Politicians love the term because it allows them to set the public's agenda and to offer themselves up as tough-on-crime problem-solvers. Local T.V. news reporters love it because everyone wants to stay tuned to learn the details (which are never revealed). This is the dirty little secret none of you are being told. The problem is, most of you don't want to know it, either. It's more fun to create monsters and chase them around than it is to pay attention to the very real problems our children encounter in their daily lives.

Pennsylvania Definition of S.V.P.

An individual convicted of a sexually violent offense or of attempt to commit a sexually violent offense. These are: Rape; Aggravated Indecent Assault; Involuntary Deviate Sexual Intercourse; Sexual Assault; Kidnapping (victim is a minor); Indecent Assault ( victim is less than 13 years); Incest; Promotion of Prostitution (victim is a minor); Obscene and other Sexual Materials; Unlawful Contact or Communication with Minor and sexual exploitation of children. An individual convicted of an equivalent offense where the conviction occurred in another state, territory, federal court, the District of Columbia or where the individual was sentenced by court martial, or where the individual was required to register under a sexual offender statute in the jurisdiction where they were convicted, and the individual: resides in Pennsylvania; or is employed or is a student in Pennsylvania.

Man committed to Iowa's sexually violent predator unit

[ED: As I have previously pointed out:

"The term "Sexually Violent Predator" ("S.V.P.") has a meaning under California law, as well as those of most other states [including Iowa's, see below], quite distinct from that of any reasonable person. As it is now defined, neither actual violence nor coercion is needed for a crime to meet the statutory definition of "sexually violent". The age of the victim (such as under the age of 14), non-familial victims or past convictions are some criteria useful in branding someone "S.V.P." That this definitional shift has occurred during a period of mass hysteria over sex offenders cannot be seen as coincidental. Prisons and "hospitals" have been constructed and filled beyond limit nationwide on a wave of distorted public opinion."

That's the first thing I want you to realize before reading this news account about a "sexually violent predator".

I would also like to point out the "S.V.P." in this case had, as a child of 13, "inappropriately touched a 10-year-old boy" and had, as a result been "placed in a residential treatment facility for more than two years."

I would like to pause for a moment and have you, dear reader, consider just what that means.

It means that our children and adolescents are now absolutely barred from NORMAL sexual exploration! That they are to be pathologized and LOCKED-UP (in this case, for TWO YEARS!) for "inappropriate" touching!

This is the new face of evil. Now what the hell are we going to do about this? ]

A man who was sexually and physically abused as a child and then went on to abuse children himself is the first person from Jackson County to be committed to Iowa’s sexually violent predator unit.

Donald DeMoss Jr., 33, is one of more than 70 people who reside in the 10-year-old unit at Cherokee.

District Judge Mark Cleve ruled that DeMoss is likely to “engage in predatory acts constituting sexually violent offenses if he is not confined in a secure facility.”

According to court documents:

DeMoss was sexually and physically abused by relatives beginning at the age of 8 years. He first abused another person at the age of 13, when he inappropriately touched a 10-year-old boy. After that incident, DeMoss was placed in a residential treatment facility for more than two years.
At the age of 26 or 27, DeMoss repeatedly abused three young girls who were left in his care. He also sexually abused the child of a relative who had abused him. He was convicted of lascivious acts with a child in 2000 and spent time in prison.

Three years later, he was convicted of having a sexual relationship with a 14-year-old girl. He was sent to prison again.

DeMoss testified “that, during this second period of imprisonment, he realized he knew he had a problem and that he had to change his life,” documents state. He participated in two years of sex offender treatment. While in prison, he also admitting to abusing a young girl and telling her that he would kill her mother if she notified anyone.

Also, DeMoss told officials he decided to enter treatment because he knew he had a problem he could not control, documents state. Iowa officials offered evidence that DeMoss told his counselors he was afraid he would reoffend.
DeMoss denied making that statement, as well as a statement agreeing with his diagnosis of pedophilia. Also, DeMoss first said he was attracted to young girls, but later contended that he meant 13- to 14-year-old girls.

Finally, DeMoss said that if he were released from custody, he would live with his grandparents on a farm in rural Jackson County and would make money by doing chores there. He also indicated that he planned to receive psychiatric treatment and attend school to become a sex abuse counselor.

Experts for both the state and DeMoss testified, with the court calling into question the credibility of one of DeMoss’s experts.

Ultimately, Cleve determined that the state proved the three items necessary for a civil commitment: that DeMoss had been convicted of, or charged with, a sexually violent crime, that he suffers from a mental abnormality and that the abnormality makes him likely to offend again if he is not confined.

DeMoss has appealed the decision.

IOWA'S definition of "SEXUALLY VIOLENT PREDATOR", CODE 229A: [read the whole perversion of justice here]

10. "Sexually violent offense" means:
a. A violation of any provision of chapter 709.
b. A violation of any of the following if the offense involves sexual abuse, attempted sexual abuse, or intent to commit sexual abuse:
(1) Murder as defined in section 707.1.
(2) Kidnapping as defined in section 710.1.
(3) Burglary as defined in section 713.1.
(4) Child endangerment under section 726.6, subsection 1, paragraph "e".
c. Sexual exploitation of a minor in violation of section 728.12, subsection 1.
d. Pandering involving a minor in violation of section 725.3, subsection 2.
e. An offense involving an attempt or conspiracy to commit any offense referred to in this subsection.
f. An offense under prior law of this state or an offense committed in another jurisdiction which would constitute an equivalent offense under paragraphs "a" through "e".
g. Any act which, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated.

Colorado's definition of "Sexually Violent Predator"

I will be slowly working through the laws of the 50 states to determine what is meant by the term "Sexually Violent Predator". Colorado's own disengenuous "Sexually Violent Predator" laws appear to be as baseless as California's. As with California, Colorado redefines the term "violent" to slander defendants and scare the public into supporting vile and draconian laws.

Their definitions appear below and can be further scrutinized at: http://dcj.state.co.us/ors/pdf/docs/Final%20SVP.pdf


18-3-414.5 C.R.S. Sexually violent predator. (1) As used in this section unless the context otherwise requires:
(a) "Sexually violent predator" means an offender:
(I) Who is eighteen years of age or older as of the date of the offense is committed or who is less than eighteen years of age as of the date the offense is committed but is tried as an adult pursuant to section 19-2-517 or 19-2-518, C.R.S.;
(II) Who has been convicted on or after January 1, 1999 of one of the following offenses:
(A) Sexual assault, in violation of section 18-3-402 or
sexual assault in the first degree in violation of section 18-3-402 as it existed prior to July 1, 2000;
(B) Sexual assault, in the second degree in violation of
section 18-3-403 as it existed prior to July 1, 2000;
(C) Unlawful sexual contact, in violation of section
18-3-404 (1.5) or (2) or sexual assault in the third degree, in violation of section 18-3-404(1.5) or (2) as it existed prior to July 1, 2000;
(D) Sexual assault on a child, in violation of section 18-3-405: or
(E) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3;
(III) Whose victim was a stranger to the offender or a
person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization; and
(IV) Who, based upon the results of a risk assessment screening instrument developed by the division of criminal justice in consultation with and approved by the sex offender management board established pursuant to section 16-11.7-103 (1), C.R.S., is likely to subsequently commit one or more of the offenses specified in subparagraph (II) of this paragraph (a) under the circumstances described in subparagraph (III) of this paragraph (a).
(b) "Convicted" includes having pleaded guilty or nolo contendere.