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79-Year-Old Man Re-Sentenced for Sex Crimes Under New Law
The Kansas Supreme Court recently ordered that a 79-year-old man must be re-sentenced under Jessica's Law, a newly enacted law that carries harsh penalties for sex offenses.
July 16, 2011 /Mens Interest PR News/ -- The Kansas Supreme Court recently ordered that a 79-year-old man must be re-sentenced under Jessica's Law, a newly enacted law that carries harsh penalties for sex offenses. The complexity of Kansas' sex-offense laws and the draconian consequences that can follow a sex-crime conviction underscore the need for an experienced criminal defense attorney when facing allegations of sex crimes.
Kansas Supreme Court Decision
On May 19, 2008, Harold Dean Spencer pleaded guilty to two counts of aggravated indecent liberties with a child younger than 14. Under the recently enacted "Jessica's Law", Kansas law called for a long prison sentence on each count. However, District Court Judge Matthew Dowd suspended the prison sentences and instead imposed supervised probation for three years. Judge Dowd cited a number of mitigating factors, including Spencer's age (he was 75 at the time), his prior criminal record (he had none) and the availability of family support to help him remain law-abiding.
Prosecutors appealed the probation sentence, and eventually the Kansas Supreme Court heard the case. The court ruled that Judge Dowd abused his discretion, and it directed the district court to follow the presumptive sentencing provided by Jessica's Law.
Specifically, the court held that it was not the province of the trial court judge to consider mitigating factors when a statutory minimum sentence already existed. It found no substantial and compelling reasons for a downward departure from the statutory sentence, despite Spencer's age or the fact that he had no prior criminal record. The court wrote that no reasonable person would regard these elements as mitigating factors because it would essentially mean applying Jessica's Law differently simply because Spencer was an elderly man who had eluded prosecution for years, all the while molesting his granddaughter. The court vacated the probation sentence and remanded the case to the district court for re-sentencing.
Jessica's Law
Jessica's Law gained national prominence after Florida legislators toughened penalties for sex crimes perpetrated against children. Jessica Lunsford, a Florida girl whom the law was named after, was raped and murdered in February 2005 by a convicted sex offender. Congress considered making Jessica's Law a federal statute, but it did not garner enough support to be voted on in committee or on the House floor.
As of 2010, 42 states adopted some form of Jessica's Law, specifically the mandatory minimum sentence of 25 years in prison for sex offenses involving minor children. Some states prohibit registered sex offenders from living within 2000 feet of schools and parks and require them to wear GPS monitoring systems for life. This is in addition to registration requirements whenever a convicted offender changes residence or moves out of state.
In May 2006, then Governor Kathleen Sebelius enacted Jessica's Law in Kansas. Under Jessica's Law in Kansas, a conviction for sexual assault of a child under 14 is punishable by a minimum of 25 years in prison. A second conviction, no matter the victim's age, calls for a 40-year sentence. Third-timers would face a lifetime in prison without the possibility of parole, changing the past maximum penalty, which allowed the possibility of parole after 49 years and four months in prison. Judges could consider aggravating and mitigating circumstances in sentencing, but the statute requires "substantial and compelling" evidence to do so.
Jessica's Law is not without criticism, and some deem it an overreaction. Some believe that Jessica's Law does not deter people from committing sex offenses and that it creates additional strains on Kansas' prison system. To others, it is odd to punish sex crimes more harshly than violent crimes like murder. If a person kills a child, the presumptive sentence is 15 years. For someone who rapes a child, the minimum sentence is 25 years -- 10 years longer than if a child dies.
Further, no additional resources were allocated to compensate for the potential inmate increases at the time the law was passed. Nevertheless, Governor Sebelius stated that "The number of prison beds should not determine our criminal penalties. We need to anticipate keeping dangerous folks behind bars."
When the case was reassigned to District Judge Mark Braun, Harold Spencer was sentenced to two life sentences for his crimes. His attorney raised the same pleas for leniency and even requested an appeal bond given Spencer's unique circumstances. After all, he was out of jail and had been law abiding throughout the appeals process. Ultimately, though, his requests were denied. Spencer's life sentences will run concurrently, and he will not be eligible for parole for at least 25 years, when he would be 104 years old.
While the prosecution of sex crimes can be a complicated and delicate process, sentencing can be devastating and harsh. It is critical to have a knowledgeable criminal defense lawyer to advise you of your rights and to advocate on your behalf so that you minimize your risk of losing your freedom.
Article provided by Paul Cramm
Visit us at www.kansascity-criminal-attorney.com
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