May 23, 2012

Crackdown on Sexually Abusive Teachers Moves Forward in House

An effort to get teachers who sexually abuse students out of the classroom receives preliminary approval in the House, though some representatives wonder whether the bill skirts due process.

Rep. Jane Cunningham (R-Chesterfield) said she took action in wake of an Associated Press series ranking Missouri as having the 11th worst record of educators charged with sexual misconduct. During House floor debate, Cunningham told colleagues about a former teacher, principal and superintendent who bounced among nearly ten school districts before finally agreeing to resign. More than a dozen students had lodged complaints against him. The district accepted the resignation and provided him with a $16,000 severance package. It promised not to disclose the reason for his resignation. The Department of Secondary and Elementary Education revoked his license after 20 years in the public schools.

HB 1314 would require school districts to report allegations of sexual misconduct to the Children’s Division of the Department of Social Services. Unsubstantiated and unresolved findings must be reported to the Child Abuse Registry for its internal records. That provision sparked objections during House floor debate.

Rep. Michael Brown (D-Kansas City) questioned that provision, "If they’re unsubstantiated, why do they need to be put on a registry?"

Cunningham responded that just because the case was found to be unsubstantiated doesn’t mean it didn’t happen. It just means that a preponderance of evidence was not found.

The bill adds sexual misconduct in the second and third degree and sexual contact with a student on school property to the list of offenses that could cost a teacher his or her license. Criminal background checks, including registering with the Family Safety Care Registry, would be required of teachers. The bill would also remove the 20-year statute of limitation for the prosecution of a sexual offense against a person 18 years old or younger.

Download/listen Brent Martin reports (:60 MP3)

Supreme Court Strikes Down Sex Offender Law

The Missouri State Supreme Court has ruled a law banning certain sex offenders from living within one-thousand feet of a school or child-care facility cannot apply to an offender who was already living there before the law was passed.

The Court says the Constitution bans retrospective laws – laws that make something a crime that was not a crime until the law was passed.

Internet Harassment Seen as Tough to Tackle

Missouri hopes to crack down on Internet harassment, but drafting legislation to fit the problem might be much tougher than first thought.

A special task force began reviewing the topic in light of the Megan Meier tragedy. Megan was the St. Louis County teen-ager who committed suicide shortly after being a victim of a cruel Internet chat room hoax.

University of Missouri law professor Doug Abrams is a member of the task force and has been guiding members through tricky legal waters. He says any legislation drafted this session must be able to stand up to a First Amendment challenge. Abrams suggests lawmakers concentrate on regulating conduct rather than speech. He says a good place to start is using the current harassment statute as a guide, because it has been upheld in court.

Even as the task force makes its recommendation to the legislature, members acknowledge that lawmakers might have trouble fashioning anything to fit the Megan Meier case. In it, Megan became a victim of a hoax perpetuated by adults apparently intent on getting back at Megan for the perceived snub of their daughter.

Download/listen Brent Martin reports (:60 MP3)

Record Number of Child Pornography Cases Prosecuted

The federal prosecutor in St. Louis has prosecuted a record number of child pornography cases this year; 52 so far.  Last year, prosecutor Catherine Hanaway and her staff prosecuted 34 cases last year. Hanaway credits the increase to a national effort started in February called Project Safe Childhood. The initiative focuses on protecting children from online exploitation and abuse. 

Internet Cops Fight Online Sexual Predators

The effort to protect children from online sexual predators is becoming more challenging as technology expands and the use of that technology expands.

Platte County Sheriff’s Department Captain Paul Carrill is the Officer in Charge of the Western Missouri Cyber Crimes Task Force, a unit which serves the nine counties around metropolitan Kansas City. Carrill says the investigators on this task force conduct online undercover investigations to nab those who are trying to set up sexual encounters with children. The unit also tries to learn the distribution sources of child pornography.

Through investigative standards, those distributing child pornography are located. Search warrants are then obtained to enter a suspect’s home to recover evidence of any crime.

Download/Listen: Steve Walsh report (:60 MP3)