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Human Rights Watch would like to thank all of the survivors of sexual violence, former offenders and their families, social workers, advocates, law enforcement officials, and attorneys who shared their experiences and perspective with us for this report. We are especially grateful to those who trusted us with very painful and personal stories. Corinne Carey, former researcher for the US Program, undertook the original research for this report.
Ian Gorvin, deputy director of the Program Office, and Aisling Reidy, senior legal counsel, edited the report. Robert Prentky, and Dr. Levenson for providing guidance and insights in helping us to shape the research and writing of this report. Wetterling also reviewed the report. Human Rights Watch would also like to thank Peter B. What happened to nine-year-old Jessica Lunsford is every parent's worst nightmare. In February she was abducted from her home in Florida, raped, and buried alive by a stranger, a next-door neighbor who had been twice convicted of molesting children.
Over the past decade, several horrific crimes like Jessica's murder have captured massive media attention and fueled widespread fears that children are at high risk of assault by repeat sex offenders.
Politicians have responded with a series of laws, including the sex offender registration, community notification, and residency restriction laws that are the subject of this report. Federal law and the laws of all 50 states now require adults and some juveniles convicted of specified crimes that involve sexual conduct to register with law enforcement-regardless of whether the crimes involved children. So-called "Megan's Laws" establish public access to registry information, primarily by mandating the creation of online registries that provide a former offender's criminal history, current photograph, current address, and other information such as place of employment.
In many states everyone who is required to register is included on the online registry. A growing number of states and municipalities have also prohibited registered offenders from living within a designated distance typically to 2, feet of places where children gather-for example, schools, playgrounds, and daycare centers.
Human Rights Watch appreciates the sense of concern and urgency that has prompted these laws. They reflect a deep public yearning for safety in a world that seems increasingly threatening.
Every child has the right to live free from violence and sexual abuse. Promoting public safety by holding offenders accountable and by instituting effective crime prevention measures is a core governmental obligation.
Unfortunately, our research reveals that sex offender registration, community notification, and residency restriction laws are ill-considered, poorly crafted, and may cause more harm than good: The evidence is overwhelming, as detailed in this report, that these laws cause great harm to the people subject to them.
On the other hand, proponents of these laws are not able to point to convincing evidence of public safety gains from them. Even assuming some public safety benefit, however, the laws can be reformed to reduce their adverse effects without compromising that benefit. Registration laws should be narrowed in scope and duration. Publicly accessible online registries should be eliminated, and community notification should be accomplished solely by law enforcement officials.
Blanket residency restrictions should be abolished. Proponents of sex offender registration and community notification believe they protect children in two ways: Advocates for residency restrictions believe they will limit offenders' access to children and their temptation or ability to commit new crimes. While these beliefs may seem intuitively correct, they are predicated on several widely shared but nonetheless mistaken premises. Given these faulty underpinnings, it is not surprising that there is little evidence that the laws have in fact reduced the threat of sexual abuse to children or others.
Sex offender laws are based on preventing the horrific crimes that inspired them-but the abduction, rape, and murder of a child by a stranger who is a previously convicted sex offender is a rare event. The laws offer scant protection for children from the serious risk of sexual abuse that they face from family members or acquaintances.
Indeed, people children know and trust are responsible for over 90 percent of sex crimes against them. In addition, sex offender laws are predicated on the widespread assumption that most people convicted of sex offenses will continue to commit such crimes if given the opportunity. Some politicians cite recidivism rates for sex offenders that are as high as percent.
In fact, most three out of four former sex offenders do not reoffend and most sex crimes are not committed by former offenders. Patty Wetterling, a prominent child safety advocate who founded the Jacob Wetterling Foundation after her son was abducted in , recently told Human Rights Watch,. I based my support of broad-based community notification laws on my assumption that sex offenders have the highest recidivism rates of any criminal.
But the high recidivism rates I assumed to be true do not exist. It has made me rethink the value of broad-based community notification laws, which operate on the assumption that most sex offenders are high-risk dangers to the community they are released into.
The justifications offered for sex offender laws focus on sexually violent offenders. Yet people who have not committed violent or coercive offenses may nonetheless be required to register as sex offenders and be subject to community notification and residency restrictions. For example, in many states, people who urinate in public, teenagers who have consensual sex with each other, adults who sell sex to other adults, and kids who expose themselves as a prank are required to register as sex offenders.
Brandon was a senior in high school when he met a year-old girl on a church youth trip. With her parents' blessing, they began to date, and openly saw each other romantically for almost a year. When it was disclosed that consensual sexual contact had occurred, her parents pressed charges against Brandon and he was convicted of sexual assault and placed on the sex offender registry in his state.
As a result, Brandon was fired from his job. He will be on the registry and publicly branded as a sex offender for the rest of his life. In his mother's words, "I break down in tears several times a week. I know there are violent sexual predators that need to be punished, but this seems like punishment far beyond reasonable for what my son did.
The over-breadth in scope is matched by over-breadth in duration: Indeed, legislators are steadily increasing the duration of registration requirements: Yet former sex offenders are less and less likely to reoffend the longer they live offense-free.
Unfortunately, only a few states require or permit periodic individualized assessments of the risk to the community a former offender may pose before requiring initial or continued registration and community notification. If former offenders simply had to register their whereabouts with the police, the adverse consequences for them would be minimal. But online sex offender registries brand everyone listed on them with a very public "scarlet letter" that signifies not just that they committed a sex offense in the past, but that by virtue of that fact they remain dangerous.
With only a few exceptions, states do not impose any "need to know" limitations on who has access to the registrant's information. With a national registry including every state registrant's online profile due to be complete by , information about previously convicted sex offenders will be available to anyone anywhere in the country, without restriction. Most registries simply indicate the statutory name of the crime of which a person was convicted, for example, "indecent liberties with a child.
When people see my picture on the state sex offender registry they assume I am a pedophile. I have been called a baby rapist by my neighbors; feces have been left on my driveway; a stone with a note wrapped around it telling me to "watch my back" was thrown through my window, almost hitting a guest. What the registry doesn't tell people is that I was convicted at age 17 of sex with my year-old girlfriend, that I have been offense-free for over a decade, that I have completed my therapy, and that the judge and my probation officer didn't even think I was at risk of reoffending.
My life is in ruins, not because I had sex as a teenager, and not because I was convicted, but because of how my neighbors have reacted to the information on the internet. Former offenders included on online sex offender registries endure shattered privacy, social ostracism, diminished employment and housing opportunities, harassment, and even vigilante violence. Their families suffer as well.
Registrants and their families have been hounded from their homes, had rocks thrown through their home windows, and feces left on their front doorsteps. They have been assaulted, stabbed, and had their homes burned by neighbors or strangers who discovered their status as a previously convicted sex offender. At least four registrants have been targeted and killed two in and two in by strangers who found their names and addresses through online registries.
Other registrants have been driven to suicide, including a teenager who was required to register after he had exposed himself to girls on their way to gym class. Violence directed at registrants has injured others. The children of sex offenders have been harassed by their peers at school, and wives and girlfriends of offenders have been ostracized from social networks and at their jobs.
Among laws targeting sex offenders living in the community, residency restrictions may be the harshest as well as the most arbitrary. The laws can banish registrants from their already established homes, keep them from living with their families, and make entire towns off-limits to them, forcing them to live in isolated rural areas. For example, former sex offenders in Miami, Florida have been living under bridges, one of the few areas not restricted for them by the residency restriction laws of that city.
There is no evidence that prohibiting sex offenders from living near where children gather will protect children from sexual violence. Indeed, the limited research to date suggests the contrary: A study by the Minnesota Department of Corrections found that individuals who committed another sex crime against a child made contact with their victim through a social relationship. Moreover, the laws apply to all registered sex offenders regardless of whether their prior crimes involved children.
It is hard to fathom what good comes from prohibiting a registered offender whose victim was an adult woman from living near a school bus stop. Stories of the senseless impact of residency restrictions are legion. For example, Georgia's residency restriction law has forced a year-old married woman to move from her home because it is too close to a daycare center.
She is registered as a sex offender because she had oral sex with a year-old when she was Some lawmakers admit to another purpose for residency restriction laws. Georgia State House Majority Leader Jerry Keen, who sponsored the state's law banning registrants from living within 1, feet of places where children gather, stated during a floor debate, "My intent personally is to make [residency restrictions] so onerous on those that are convicted of [sex] offenses they will want to move to another state.
For those who do pose a threat to public safety, they should be able to reside in communities where they can receive the supervision and treatment they need, rather than be forced to move to isolated rural areas or become homeless.
In most states, children age 18 and younger who are convicted of sex offenses can be subject to registration, community notification, and residency restrictions. The recently passed federal Adam Walsh Act requires states to register children as young as Some of their offenses are indeed serious-for example, raping much younger children.
But children are also subjected to sex offender laws for conduct that, while frowned upon, does not suggest a danger to the community, including consensual sex, "playing doctor," and exposing themselves.
Some of the conduct reflects the impulsiveness and perhaps difficulty with boundaries that many teenagers experience and that most will outgrow with maturity. In some cases it seems nothing short of irrational to label children as sex offenders. Human Rights Watch spoke with a father whose year-old son was adjudicated for touching the genitals of his five-year-old cousin.
He told us, "My son doesn't really understand what sex is, so it's hard to help him understand why he has to register as a sex offender. According to child development experts, many children move past the misdeeds of their youth, although some will require special support and treatment to do so. Although there is little statistical research on recidivism by youth sex offenders, the studies that have been done suggest recidivism rates are quite low.
For example, in one study only 4 percent of youth arrested for a sex crime recidivated. Research also indicates that most adult offenders were not formerly youth offenders: Applying registration, community notification, and residency restriction laws to juvenile offenders does nothing to prevent crimes by the 90 percent of adults who were not convicted of sex offenses as juveniles.
Frequency distributions of reproductively active female stone. Ge nerally, fr equencies of. Overall, the frequencies of gravid females and ovigerous. Years , , and. Years and — composed the. Consequently, overall frequency-gravid and frequency-.
Patterns of variation among years in frequency-gravid were. Frequencies of females in eit her re-. The annual mean values for size-.
Menippe in gravid stage 2 A and in all ovigerous stages B. Variation among years in A frequency of reproductively active. Numbers and solid-line brackets. B Mean annual water. Solid straight line, overall grand mean;. Pairwise correlations between size classes for temporal vari-. The positions of the annual. When the annual means for size-classes 70 or 80 were. The direc tion of a size-class frequency-. Horizontal lines, means; form of line solid, long dashed, short. B Size-classes 70 and X in B and C denotes years when annual values for.
Size class Mean freq. Gray shades differ to distinguish sequential-year pairs when positions of mean frequency-ovigerous relative to their respective means opposed each other e. Through the years, frequency-gravid generally decreased in. Regressions revealed that the frequencies of ovigerous females. In large females, frequency-gravid and. Overall, Octo ber was the sing ular month wi th the lowest. January w as always in th e. Augus t was the month mos t. Variations in frequency-gravid and frequency-ovigerous in.
No size- class f emales we re repr oductively active. For both size classes and in each reproductive state, frequen-. Females in size-class 50 exhibited reproductive. The patterns of variation in frequency-g ravid and frequency-. Frequency-gravid was highest from. February through August, dramaticall y decreased during Sep-.
October, was near zero November through February, and. Adjusted regression equations frequency 3 and. Dashed lines show regressions with positive slopes; solid lines show. Regression equations are provided in Table 6. The frequencies of females in the two stages of ovarian devel-. Frequency of ovigerous stage 2 decreased linearly through.
The frequencies of ovigerous stage 3 were low and nearly. Frequency- gravid, stage 2. To increase sample sizes, size-classes 30 through 50 were. No correlations between frequency-gravid and. Most molting and ovarian development oc-. In contrast, freq uency-. Uniquely, frequency-ovigerous and frequency-molting were. Numbers and brackets above. Lines beneath graphs, stone crab. A Combined size-classes 20 and B Size-classes 40 statistically similar groupings. Only groups that include the highest or lowest.
Numbers and brackets are. A Combined size-class 20 and. Note difference in Y axis scale from B and C. B Size-classes 40 and. Two highest and single lowest groupings are shown. C Size classes All groupings are shown; mon ths with two groupin g.
As molting approached as estimated by appendage bud. Annual mean temperatures for , , , and Temperatur e changed asymm etrically th rough the year. Average temperature rose slowly February through June, was. V ariati on amon g month s in stag es of rep roduct ive act ivity. Bars and numbers show. A Stage 2 gravid stage-3 frequencies are the reciprocals. Data taken during November and December. Stage 2 statistically similar. Pairwise correlations between size classes for temporal. Relationship between molting and ovarian development A and.
B or spawning C in female stone crab s genus Menippe. Size classes bold numbers combined from. Lines below graphs, stone crab harvesting season.
Size-class 60 is not included in A or B because no relationship. This asymmetry, the asym-. Therefore, tempe rature values and. For these analyse s, size-. Table 7 , but not frequency-gravid r. Frequen cies of females in both re producti ve states. S pawning ess entiall y ceased wh en tempera ture fell to. In contras t, in all. In size- classes 6 0 and 70—. Frequency-grav id declined in siz e-class-6 0 females. In females of both size-classes 60 and. Relationship between temporal proximity of molting and.
Claw and leg bud. Numbers above and beside plots show statistical groupings, as. A Effects of molting on ovarian development. Effects of molting on spawning. Frequencies of females in ovigerous stages. Relationship between average monthly temperature bars, SD.
Sample sizes for size-class and females were adequate. Females in all size classes molted at all. Females in size-classes 20 and. The intermittent peaks in frequency-molting of size-. A small pulse in molting also occurred in. Through the annual temperature cycle, frequency molting.
But in contrast to. Bars above and below plots respectively show statisti-. Boxed letters below graphs: A Size- classes 40 and. Relationship between water temperature and frequency of.
Category Regression equation r. Assuming that the relative proportions of females in each. These proportions suggest that initial. As female size increas es, changes in the percenta ges of. Females in size-class 80 and 90 may to be the most important. The frequencies of ovigerous females.
The frequency of females with stage Clutch sizes produced by females in size-. Sullivan , Bert et al. A high proportion of these females. Thus the large number of.
The high frequency of gravid. The frequent molting in size-class and. The multiple different interannual patterns of variation in.
In some cases, these factors differentially. The proportion of females with developing ovaries may. Annual variation in temper-. Annual frequencies of ovigerous. These interannua l patterns merit further study. Bars and numbers above plots show statistically. Plots showing two groupings,. Boxed letters below graphs as in Figure B Size-classes 40 and 50, combined.
Th ese larg e female s are old. CW Bert et al. In addition, size-class females, and. The relationship between ovarian development, spawning,. A prolonged period of ovarian activity ceases. Soon after molting and mating,. Nelson , Ituarte et al. The ovaries develop to an. As soon as environmental. The ovaries maintain a high level of activity throughout. The onset of less favorable. Several lines of evidence indicate that, unlike the situation in.
In contrast, fr equency-molting and frequency-. The long ovarian development period during winter. Larvae produced early in the spawning season. The abrupt cessation of ovarian development during Octo-. But as the demand for. The small percentages of females gr avid during the principal molting. Lastly, this study illustrates the need for data from many. Even greater interannual variation was recorded in this study,.
The lesser spawning peak in April or. May followed by a decrease in spawning activity seen during. June results from some synchrony in gonad maturation during.
The molting into maturity of some. Water temperature has long been considered to be a vital. But the generation under selection for temperature. Temperature regulation of reproduction.
Negreiros-Fransozo , Nelson Alternatively or additionally , reproduction occurs during. Warm water and abundant food.
Temperature plays an important role in selection acting on. The largest, heaviest eggs. Both larvae and postsettlement juveniles. Survival of Tampa Bay Menippe mercenaria larvae is. Florida, but based on the range of recorded clutch incubation. Crawford, unpublished data , when average. In stone crabs, spawning is more dependent on temperature.
When seasonality is not considered, nearly all variation in. When seasonal temperature is considered, the depen-. The most striking temperature effects are the strong. The eggs of the few females carrying clutches below. Other temperatures also initiate shifts in female reproduc-. In all size classes, frequency-ovigerous essentially. High levels of spawning are sustained until. Thus, multiple aspects of stone. Menippe as it is in Tampa Bay, then shifts in ovarian de-.
The biological and ecological outcomes of. Females in size-classes and have several reproduc-. If both claws are legal sized, both can. Thus, the largest crabs in a local.
Fishers have commercially trapped stone crabs in Tampa Bay. Bert, personal observation and the frequency. In addition to, or rather than, senescence or. The lesser decreases in frequency-ovigerous through. Selection favors individuals that reproduce prior. Such selection can reduce the. Fishery-induced reduction in size at maturity has been.
Selection for reduction in size at maturity may be occurring. Through the years of this. Thus, as the proportion of spawn-. The minimum size at which females spawn also may be. The smallest ovigerous female. During this study, a gravid female of. Moreover, those studies ranged. Florida Keys, including Tampa Bay; and the size ranges of. Rochet , Law , Grift et al.
The stone crab harvesting season overlaps with peaks in the. Thus, the season does not protect females during the. The number and pr oportion of ovi gerous female s. Wildlife Rese arch Instit ute, unpubli shed data , and nea rly one-. The regul ation agai nst harvest ing the cla ws of. Bert, un publish ed data ,. Ending the harv est season by Marc h 31 rather than May Upcoming Events Nov Pete Dems Club Meeting November 7 7: Democratic Headquarters 1st Avenue North. Howard Taylor Greater Pinellas Democratic Club November 8 6: Banquet Masters Clearwater 49th St.
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