https://www.bizjournals.com/buffalo/blog/buffalo-law-journal/2014/02/sex-offender-sentencing-illogical.html
Sex offender sentencing illogical, dangerous:
"Sadly, this case is far from the exception to the rule.
Timothy Retchless is a former teacher in the Cattaraugus-Little Valley Central School District. He is a former teacher because he had sex with a minor student. That is called rape. Retchless pleaded guilty to rape (and a charge related to sending his victim indecent materials). I know what you’re thinking: Rape of a student — certainly he got at least five years in prison, hopefully more. Try 90 days in county jail. An admitted rapist (of a child, no less) received 90 days in county jail.
Want one more story?
How about Jacob LaPort? He’s the Cambria man who was convicted of sexually assaulting a 9-year-old girl in 2011. The judge who sentenced the child molester called him “dangerous” and then sentenced him to — you guessed it — probation.
These kinds of sentences are handed down across the state and country every month, with judges going easy on people who prey on the most vulnerable members of society. They send criminals back into the community — or, in some cases, never even bother to remove them from the community in the first place — where they are free to hunt their next victim.
If that weren’t bad enough, it’s this second part that bothers me.
A release crossed my desk last week, an excerpt of which is below:
Joseph S. Heleniak, 68, of West Seneca, N.Y., was charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum sentence of 15 years in prison, a maximum penalty of 40 years, and a fine of $250,000 or both.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was arrested today, January 24, 2014, following the execution of a search warrant at his residence. According to the criminal complaint, on August 30, 2013, Heleniak sent an e-mail containing three image files of child pornography. The images depicted female children under the age of 16 engaging in sexual activities with adult males.
A key point can be found in the second sentence: “The charge carries a mandatory minimum sentence of 15 years in prison.” Mandatory? That means no parole? No soft time in county jail? No weekends or work release? That’s right, folks, this is a federal crime so the game is played differently.
Now, if you’re like me, you think anyone who hurts a child should be so lucky as to get off with a mere 15 years in prison. But that’s the thing. Look at this case and the crime that was committed and compare it to the examples I laid out at the beginning. The defendant in this case was charged with emailing three images that contained child pornography. It is not alleged that he took the photos or that he assaulted any of the children in the photos; he is simply charged with sharing the photos via email.
My point (if you haven’t already figured it out) is this: The laws of our fine state are such that people who actually go out and commit a sexual assault receive a far favorable sentence than someone who shares a photo that has already been produced. While I’m certainly not lessening the atrocity of the latter, I think it is reasonable to say that the act of physically assaulting a child should carry a much longer prison term than sending an email."
BUFFALO, NY WAS, AND STILL IS, A PEDOPHILE HAVEN… HELP. DIG.