I have read about 10 articles and every single one of them mentions multiple times that 'they had sex in front of children' as the main reason for stealing 2.5 years of Jose's life and labeling them both sex offenders for life. I will explain below just how harsh this last part actually is.
But first...seriously?!!? They allegedly had sex in front of a 3 year old (there is no proof or witnesses of actual intercourse) and the 3 year old has long since forgotten about the non-incident in his life. But suppose, just for a moment that he could remember...so-fucking-what?!! Sex is such a beautiful, natural thing and the fact that we treat it as the most evil thing in the world (while gleefully exposing children to horrific deaths and violence on TV) and I have seen the video...yeah, two people obviously into each other. Is that so bad?
Question: Say Jose had smacked Elissa so hard it broke her nose and it she screamed and bled all over the place...would the presence of a 3 year old factor in...in any way whatsoever?? I highly doubt it. Why? Because we 'need' to protect kids from love but not psychologically scarring violence.
Sex offenders for life? Are you kidding me? 'Man makes out with consenting girlfriend' and both are branded the MASSIVE stigma of sex offender for the remainder of their days. Good luck getting a job after that. And please, if you don't mind, remind everyone in the neighborhood that you are a sex offender every time you change addresses. Just imagine having to do that ONCE! After serving 2.5 years in jail. For having a good time with your girlfriend.
I have to agree with Jose's lawyer who described the sex offender label as, 'horrifically unfair'. I don't think people appreciate just how terrible this actually is. Both of their names and addresses are LISTED on a website for any right wing religious nut-bar to 'take action' against them. For life. Oh yeah, in case they want to be sure they are shooting at the right person...your photograph is also posted on the registry website.
And good luck finding a place to rent!
And what is the purpose of the sex offender registry? To prevent dangerous rapists and child molesters from committing similar crimes on an unsuspecting neighborhood. This logic certainly does not apply in this case. Unless...people are hoping to watch them go at it on the beach? (That I could see.) Even the US Justice Department found in their 2008 report that the sex offender registry has had no effect whatsoever on the already very low recidivism rates of sex offenders (violent offenders are rearrested about 65% of the time within 3 years where sex offenders have a 22% arrest rate after 15 years. The myth that sexual offenders always re-offend is clearly a myth.)
In California, anyone on the national registry is banned from using any public park, beach or 'similar recreational area'...I don't know how many other states have similar laws but some certainly do. Is it fair to banish these two from ever setting foot on a beach again?? Never to ride a bike in a park again? For expressing their love for one another.
Ok, I looked up Florida. Registered sex offenders must notify the police before they move, travel -- and that includes within the state. Some places in California ban offenders from being within 200 feet of a park -- which is totally bat-shit crazy. That means you cannot travel within a city without breaking the law. I want you to notice the next time you are within 200 feet of a park and think, "I am breaking the law and can be arrested for this" just like people who have been released from jail 'back into society' and yet still banished and shunned by everyone.
It is time for a 2nd Sexual Revolution where we stop the shenanigans like this...and educate our children that violence is horribly wrong and lovemaking right.