- Child sexual abuse is a serious and widespread national problem. Some estimates say 1 in 7 boys and 1 in 4 girls has had some experience with sexual abuse. I believe the legislature needs to ensure that adequate laws are in place to maintain a high standard of public safety, must continuously seek ways to prevent child molestation in our state, and must bring offenders to justice. Vermont has a comprehensive set of laws in place to address sexual violence. These laws are specifically designed to prevent the offender from committing any further acts of sexual violence. While serving a jail sentence the offender must successfully complete a rehabilitation course. The offender is automatically placed on the sexual offender registry, which ensures that the offender will be under the supervision of the Department of Corrections for the rest of the offender’s life. It is important to remember that Vermont is one of the safest states in the nation with one of the lowest crime rates per capita in the country. Unfortunately, despite these statistics and our best efforts, crimes do occur and no single approach will ever prevent all crimes of sexual violence. Vermonters were shocked and saddened by the kidnapping and murder of Brooke Bennett last summer. It is important that we determine what went wrong in this case and prevent any recurrence. Before we discuss what new laws are necessary, we must ensure that the laws that Vermont put in place between 2004 and 2007 are being implemented. Then we will be in a better position to determine if our current laws need to be strengthened. Vermont is receiving some criticism for failing to adopt Jessica's law. The main tenet of this law, as passed in Florida, lacking from Vermont’s laws is the requirement of mandatory 25 minimum prison terms for individuals committing sexual offenses against a child. I have read arguments suggesting that Jessica's law has some unintended consequences. It may seem counter-intuitive to argue against long mandatory minimums. However, if the accused faces a mandatory sentence of 25 years, there is a much greater incentive to bring the case to trial. Sex crimes, especially those against children, are difficult to prove. There are few witnesses and often the victim is unwilling to relive the crime all over again at a trial. Too often the result is that perpetrators of these crimes go free, having served no jail time, receiving no treatment, and without their names being placed on the sexual offender registry. Long mandatory minimums may end up making communities less safe from sexual violence. We need to be prudent in our approach to new legislation. We must gain wisdom from observing the results of litigation of these cases in other states. We must listen to the people who work with the victims of these crimes and to the people who prosecute these cases. We need laws that will prevent crimes of sexual abuse, provide assistance to the victims, bring offenders to justice, and improve public safety. Sexual violence is a horrible crime that we all want to eradicate from our communities.
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November 4, 2008