Who Is This "Predator" Who Sexually Assaults Children? Part XXIV

By Lawrence W. Daly, MSc
A Probation and Parole Officer with the Missou...
Image via Wikipedia

“We cannot solve our problems with the same thinking we used when we created them”

Scandals occur in child sexual assault cases when a “Predator” is lost in the criminal justice system and people begin pointing fingers at why this individual was able to slip through the cracks. Questions such as where is this guy, where has he been, what has he been doing, when did his parole officer realize he was missing, and many other questions are asked of those in the legal system.
United States criminal justice system flowchart.
Image via Wikipedia

The reason a “Predator” creates a crisis is when a child doesn’t arrive home when they are supposed to and nobody can find her; people begin pointing fingers at the “Predators” who live in the community. The need to find the child puts all of the sexual offenders on alert. If she is not found within a reasonable period, law enforcement will begin knocking on the known sexual offenders residences in the area where the child was last seen and possibly abducted from.

With all of the registered sexual offenders in the communities across the United States one of the 
Registered Sex Offenders
Registered Sex Offenders (Photo credit: War Crimes)
first investigative steps is to begin searching the sexual offender database for examining and evaluating the profiles which best matches the present circumstances law enforcement is dealing with.

It is using these databases which eliminates waste and targets only a few sexual offenders who may be the reason the child is missing. Having the sexual offender’s parole officer present at the time law enforcement contacts the offender allows the parole officer to search the sexual offender’s residence, work, vehicles and so forth.

Registered sexual offenders do not have the same Constitutional rights as an individual who is not registered. Being allowed to be free in the community may cause the sexual offender to give up some of his Constitutional rights, such as search and seizure of evidence. Instead of getting a search warrant, the police may have the right to enter the sexual offender’s residence.

These concessions allow the sexual offender to have the opportunity to live and work in the community. Further, the community feels safe with these rules, guidelines, restrictions and release conditions. Generally, part of the contract with the sexual offender is at any time law enforcement believes the sexual offender commits a crime, the investigator can perform an interview of the sexual offender, search and seize any possible evidence and make the sexual offender responsible for where he was at specific times.

Adult Criminal Justice System
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The current criminal justice system appears to be fair for any and all sexual offenders living in the community. During the day there are law enforcement officials, parole officers and probation officers who have the responsibility in tracking down the sexual offender and confirm he is where he is supposed to be.

If the sexual offender is found with pornography, alcohol, illegal drugs, hanging out where children go to school or are in the area of a park or day care will cause the officer to arrest the sexual offender, incarcerate them until they have the opportunity to explain to the judge why they were at the specific location when the law enforcement official, parole officer or probation officer made contact with them.

The sentencing violation could cause the sexual offender to return to prison, spend some time incarcerated, the length of time incarcerated decided by the judge, or admonished that the next time he will be returning to prison and serving out the 20 year prison term.  This is the reason why most sexual offenders abide by the agreement with the court to allow them to remain free in the community. The sexual offender does not have any desire to return to prison and serve out a 20 year prison term.

In profiling the “Predator” law enforcement places the sexual offender into specific categories. Depending on the State they may have a variety of categories that a sexual offender falls under. In the city, county and state the law enforcement agencies responsible for monitoring sex offenders may categorize each offender by preference, types of crimes committed and so forth. This profiling assists the investigative team with resources to utilize if in fact a child comes up missing and they need instant answers about who the most likely sexual offender may have committed the crime.
FBI Criminal Justice Information Services.
Image via Wikipedia

Profiling is something which is an investigative tool all law enforcement agencies should have available to them. The Federal Bureau of Investigations (FBI) has a behavioral unit which will assist any law enforcement agency with a potential abduction, child molestation and/or rape or child murder.

Some of the larger agencies have the man power where they can send an investigator to the FBI behavioral unit and train the investigator. The investigator can come back to the agency and train other investigators. This is the best method for them to expend their limited training funds. If the investigator can establish himself in the agency as someone who has profiling skills the agency can use him on other types of criminal cases such as serial rapists, murders, robberies and so forth.

The many tools law enforcement now has available to them provide the opportunity to solve crimes quickly and efficiently. The sexual offender is well aware of the resources each law enforcement agency has available to them and will take advantage of any of the weaknesses the agency demonstrates in their contacts with the offender.

Tomorrow is the last article in this series on “Predators”. There is so much research which can be performed on these types of individuals. There are really two facets to consider when dealing with sexual offenders and that is protecting the child and the child’s safety and the Constitutional rights of the sexual offender. Law enforcement has the role and responsibility to investigate all crimes objectively without prejudice and with integrity. While law enforcement is investigating the possible crime, others can make sure the alleged child victim is safe. This will keep law enforcement from becoming an advocate and remain an investigator throughout the investigation.

Lawrence W. Daly
253-852-6702 B/P
253-852-6704 Fax
Kent, WA

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