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Sex Crimes & Abuse Allegations

April 13, 2012

Arkansas Supreme Court OK’s Sex Between Teachers and 18-Year Old Students

The Supreme Court of Arkansas recently held that the State could not criminalize sex between consenting adults, even if one is a teacher and the other an 18-year old student. Paschal v. State of Arkansas, 2012 Ark. 127, evolved from the conviction of Defendant David Paschal, a high school History and Psychology teacher who engaged in a consensual sexual relationship with an 18-year-old student over a five-month period. Paschal was initially convicted and sentenced to 30 years in prison. On appeal, the state...

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July 1, 2010

Superior Court of Pennsylvania Upholds Act which Allows for Civil Detainment of Offenders Deemed Sexually Dangerous

The Superior Court of Pennsylvania recently heard a case which challenged Pennsylvania Statute, Pa. C.S. §6403, which allows for the civil detainment of those deemed sexually dangerous. In Re A.C. involved an appellant sentenced to one year of involuntary in-patient treatment for potentially sexual violence. In accordance with the Act, the defendant must have been adjudicated delinquent as a minor for an act of sexual violence, have been sentenced to a juvenile facility until age 20, and be found to be in need of...

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June 10, 2010

Supreme Court of the United States Rules Prisoners Deemed Sexually Dangerous May Be Detained Beyond Sentence

The Supreme Court of the United States recently decided the case of U.S. v. Comstock, involving four men who were convicted on child pornography and/or sexual abuse of a minor charge(s). The men were convicted under the “Adam Walsh Act”, signed into Federal law in 2006. The Act allows for the civil detainment of sexually dangerous federal inmates, beyond the sentences imposed upon them by the Courts. The Act was challenged by the inmates on Constitutional grounds, the inmates arguing that Congress overstepped...

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February 22, 2010

Supreme Court of the United States Hears Arguments on the Detainment of Sexual Predators

The Supreme Court recently heard arguments in United States v. Comstock, an appeal brought by government prosecutors against four defendants who had completed their prison sentences for possession of child pornography and/or sexual abuse of a minor, but were still being held as “sexually dangerous.” The four defendants were arrested, charged and convicted under the Adam Walsh Act; legislation enacted in 2006 which increases penalties for certain crimes against minors, including child pornography. Comstock only...

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October 19, 2009

United States Court of Appeals Holds Registration and Reporting Requirements of SORNA Unconstitutional As Applied to Adjudicated Juveniles

The Sex Offenders Registration and Notification Act, otherwise known as SORNA, was enacted by Congress in 2006 as part of the Adam Walsh Child Protection and Safety Act; legislation enacted “in order to protect the public from sex offenders and offenders against children”. SORNA establishes a national database of sex offenders, requiring anyone convicted of certain sex offenses to register as an offender and report to law enforcement authorities every ninety (90) days for twenty-five (25) years. The Attorney General was given the authority by Congress, and accordingly chose to apply the...

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