Victim impact on sentencing

[4honor]

My SS has been charged with Rape of a Child in the first degree. The victims are my sons. State is WA. SS is 15 now (12.5 at beginning of the acts & 14 at the end.) DS1 was 6.5 (now 8) and DS2 is now 7 (5 at start). No charge for acts to DS2 as he was too young to articulate what happened to him (and too shy).

DS1 was set to testify against SS. I believe SS is guilty and there is some considerable evidence that it occurred, though disclosure was too far after the fact for conclusive physical evidence... unless SS has some STD we do not know about that DS1 & DS2 will have too.

DH is a basket case and has done all he can to protect younger boys and try to continue to guide SS but away from our home.

SS is taking a plea deal. Currently, as condition of his pre-trial release from juvenile detention, SS must not be in DS1 or DS2 presence nor unsupervised in the presence of any person 2 or more years younger than he.  Prosecuting Atty is strong on this being enforced to the letter, as it is what made it to the written orders. Judge said some other stuff which allowed contact, but it was not in the signed conditions.

BM and SS are using the current release condition to exclude DS1 and DS2 from grandparents' home... a goal BM has actively pursued in the past (g'parents have some money). SS is missing school to spend a week with GP's prior to Thanksgiving... so DS1 & DS2 cannot go to where he is already known to be.

Under the terms of the plea deal, SS will get placed on sex offender list and will be made to take SSODA (special sex offender treatment program) and be placed on probation with a short leash pending completion of the program. No completion = detention time.

1. As the parent of a victim, can I request (and would I likely obtain under the circumstances) that the "condition of release" become a permanent  or long term "no-contact order" for SS with DS1 & DS2? Is this an allowable thing in a criminal court?

2.  a.) When a no-contact order is in place and a victim meets a perp in a public place, who is generally supposed to leave the area?
     b.) What about in a private place like a mutual relative's home?

3. Can anything be done to exclude SS from any place DS1 & DS2 is likely to go when they are likely to go there? (For example their home, school, church, grandparents' at holidays, babysitter's, the State of OR as a whole since SS lives in N. WA, etc?) Or is that what a RO/no-contact order is for?

4.   OT -- How much trouble could I get  into if I were to make public (say at Ss's school with a big banner) SS's conviction when it occurs? If there is no gag order? What kind of liability do I open myself up for?

5.  Have you ever seen or heard of (other than on TV) a judge go outside of the terms of a plea agreement in sentencing a minor? More harsh? More lenient?


Thank you for your time Soc. The donation goes where again?

[socrateaser]

>1. As the parent of a victim, can I request (and would I
>likely obtain under the circumstances) that the "condition of
>release" become a permanent  or long term "no-contact order"
>for SS with DS1 & DS2? Is this an allowable thing in a
>criminal court?

The "parent" could probably get an opportunity to speak at a sentencing hearing, and could even have an attorney submit a motion for certain orders. But you're apparently the stepparent, i.e., a legal stranger in this affair, and thus, you are not the proper person to be trying to obtain this sort of restraining order.
>
>2.  a.) When a no-contact order is in place and a victim meets
>a perp in a public place, who is generally supposed to leave
>the area?

A no contact order is usually a stipulation between two parties. A criminal restraining order will generally be direct against the criminal who must do as the order instructs. If the order says no contact, then the criminal must obey.

>     b.) What about in a private place like a mutual
>relative's home?

Doesn't matter. Criminal must avoid the contact or be subject to arrest under the orders.
>
>3. Can anything be done to exclude SS from any place DS1 & DS2
>is likely to go when they are likely to go there? (For example
>their home, school, church, grandparents' at holidays,
>babysitter's, the State of OR as a whole since SS lives in N.
>WA, etc?) Or is that what a RO/no-contact order is for?

That's what the RO is for, but remember, no piece of paper can defend against an determined assailant with a deadly weapon.
>
>4.   OT -- How much trouble could I get  into if I were to
>make public (say at Ss's school with a big banner) SS's
>conviction when it occurs? If there is no gag order? What kind
>of liability do I open myself up for?

If there's a judgment of guilt, then that's public record, and therefore reportable publicly without liability. Reporting facts that turn out to be false is still potential defamation, so you must be careful.

>
>5.  Have you ever seen or heard of (other than on TV) a judge
>go outside of the terms of a plea agreement in sentencing a
>minor? More harsh? More lenient?

Too speculative to answer without specific case facts.

>Thank you for your time Soc. The donation goes where again?
 
Just toss it in the open guitar case. I'll pick it up when I take a break to stand  in the soup kitchen line.

[4honor]

In this case, I am the birth mother of 2 boys (DS1 & DS2).

My husband's son (SS) sodomized my 2 boys. He is pleading guilty.

Step son is being sentenced.

1) As the parent of the minor victims can I request for them (and would I likely obtain under the circumstances) a permanent or long term "no-contact order" ordering SS to stay away from DS1 & DS2?
(i.e., Is this an allowable thing in a criminal court?)

[socrateaser]

>In this case, I am the birth mother of 2 boys (DS1 & DS2).
>
>My husband's son (SS) sodomized my 2 boys. He is pleading
>guilty.
>
>Step son is being sentenced.
>
>1) As the parent of the minor victims can I request for them
>(and would I likely obtain under the circumstances) a
>permanent or long term "no-contact order" ordering SS to stay
>away from DS1 & DS2?
>(i.e., Is this an allowable thing in a criminal court?)

OK, now I get it (I think). Yes, you could ask for a permanent injunction from the criminal court. But, I suspect that the convict in this case will not be on the street for quite a while, anyway.

[4honor]

Soc,

I spoke with the prosecuting atty on this today.

She says that my step son is pleading guilty "as charged" to one count of rape of a child in the first degree. That he is doing so because he "qualifies" under the criteria for SSODA (Special Sex Offenders Disposition Alternative) a 2 yr long (104 weeks) treatment program for first time sex offenders who are 8-16. He will have 15-36 weeks of detainment hanging over his head to encourage he complies.

She further states that it is common in these matters for the offender (SS) to be restrained from any contact with his victim(s) and from thier normal home, school, etc. and that she will request if for my sons in this matter. SS will also be restrained from any unsupervised contact with anyone 13 or younger.

Thank you Soc, you eased my mind until I could ask for the RO.

(Now if things would just go smoothly in court on Dec 5.)

[wendl]

Good luck 4honor.

**These are my opinions, they are not legal advice**