The appeals court said it seemed ‘‘odd’’ to try to deter someone from committing sex crimes by showing him depictions of sex.
‘‘We hold that this extraordinarily invasive condition is unjustified, is not reasonably related to the statutory goals of sentencing, and violates McLaurin’s right to substantive due process,’’ it said.
The court found the testing ‘‘is unduly intrusive and bears insufficient relation to correctional or medical treatment, the protection of the public or deterrence of a crime.’’
The judges flatly rejected government arguments that the procedure amounted to ‘‘treatment’’ for sex offenders, saying prosecutors offered no evidence ‘‘that this exceedingly intrusive procedure has any therapeutic benefit, and none is apparent to us.’’
It cited a ruling similar to its own by the 9th U.S. Circuit Court of Appeals in San Francisco that found the test’s accuracy and reliability ‘‘have been severely questioned.’’
The 2nd Circuit said even if the test were accurate, ‘‘the goal of correctional treatment during supervised release is properly directed at conduct, not at daydreaming.’’
The procedure ‘‘inflicts the obviously substantial humiliation of having the size and rigidity of one’s penis measured and monitored by the government under the threat of incarceration for a failure to fully cooperate,’’ the 2nd Circuit judges wrote.
http://www.snapnetwork.org/ny_sex_offender_wins_ruling_on_controversial_test
NY- Sex offender wins ruling on controversial test
For immediate release: Thursday, Oct. 3 Statement by David Clohessy of St. Louis, Director of SNAP, the Survivors Network of those Abused by Priests (314 566 9790, [email protected]) A convicted sex offender who lived in Vermont and Alabama has won a court ruling in New York that means he won't have to submit to a test to determine whether he's attracted to underage girls.
Everyone, even pedophiles, deserves his humanity. But the humanity of a predator doesn't trump the humanity of innocent kids.
Those who oppose this test should propose alternative ways to protect kids from predators.
One in four girls and one in eight boys will be sexually assaulted. Given these horrific numbers, and the devastating life-long effects of childhood sexual abuse, something must change.
We as a society must re-examine some of our archaic notions if we are to do more to safeguard the vulnerable.
This test may seem invasive to adults. But raping and sodomizing children is indeed far more invasive, and far more hurtful.