Stephanie's Law Takes a Swipe at Sex Offenders
Max Keller knows that the burden of proof rests heavily on the accused, and that the mere accusation of a sexual offense can linger long after the trial has concluded.
Online, March 20, 2015 (Newswire.com) - As a sex crime lawyer in Minneapolis, Max Keller knows that the burden of proof rests heavily on the accused, and that the mere accusation of a sexual offense can linger long after the trial has concluded. That's why he is concerned that "Stephanie's Law," which has been introduced by State Representative Mark Batinick, may do more harm than good in protecting our communities.
If passed, the legislation would grant judges broad discretion to require offenders who have been convicted of battery to add their names to the sex offender registry for a period of 10 years should the judge believe there is a sexual link motivating the battery. Representative Batinick has argued that the existing law has too large of a loophole that allows offenders to avoid registration.
"Stephanie's Law places a considerable burden of proof upon prosecuting attorneys to prove that a crime had a sexual motivation. It's a high bar, but it's not high enough and judges throughout the state would have a great deal of discretion in declaring people sexual predators who simply are not," commented Max Keller, a sex crime lawyer in Minneapolis.
While some argue this will simply be another tool to keep women and children safe within our communities, criminal defense lawyers are concerned that the law could be abused by people seeking revenge for violent assaults that were not sexually motivated. This is a legitimate concern because a charge of battery does not carry the same stigma that the crime of sexual assault carries.
Pointing to just one way the law could be abused, Max Keller explains, "Let's say someone stops thinking and hits his wife in an argument. Maybe it turns into a full on brawl where both parties are hitting one another. The wife claims her spouse tried to rape her, the judge believes her, and he's gone from being an abusive husband, to being a branded sex offender. That's not justice, and Stephanie's Law would make that a terrifying possibility."