Media Release: Contact:
September 25, 2008 Joel Miller, Linda Pence for Attorney General
(317) 750-5757
Linda Pence: Sexual predators will pay for their morally repugnant crime
Closing legal 'loophole' will deter and punish more sexual predators
Indianapolis - Attorney General candidate Linda Pence today announced she will target sexual predators who prey upon our state's children by partnering with the Indiana General Assembly to beef up the child seduction statute. Pence also will deploy the Attorney General's Office to help train communities, educators and parents so they can identify sexual predators before they strike.
"We have witnessed time after time where our children have been molested and seduced by adults who were supposed to be their protectors," Pence said. "These adults in a position of trust have flagrantly violated the law, and because of a legislative loophole, they have been able to walk away without paying for their morally repugnant crime."
As Attorney General, Pence proposes to work with the state legislature to strengthen the current child seduction law to ensure that adults who hold a position of authority over the lives of children are clearly subject to criminal prosecution. The statute, IC 35-42-4-7, makes it a crime to seduce a student if the adult is employed by a school. As written, the law excludes contract employees and volunteers, many of whom provide support to schools and children's activities across Indiana. As a result, sexual predators can turn the law against their victims, which occurred in Southern Indiana when a school bus driver was not subject to a Class D felony because he was employed by a bus company, not the school corporation. The Indiana Supreme Court cited the statute's language and the General Assembly's power to broaden it, in its opinion favoring the bus driver.
"I have personally witnessed the devastation and emotional and physical turmoil that families and children face in these situations, and I firmly believe no one should face this kind of pain," Pence said, referring to a case she took on in which a high school coach maintained he was a volunteer - rather than a paid employee - as proof that he wasn't breaking the law when he seduced two young members of his team. "Because of this loophole, we were unable to pursue criminal prosecution. Closing the loophole would eliminate any doubt in the eyes of the law that these crimes deserve serious punishment."
Pence also would also include a public education component to protecting Hoosier families from sexual predators by training educators, parents, and children on how to identify these dangerous criminals before they harm others. Training and additional assistance would also be available to local law enforcement, to assist in the apprehension and prosecution of sexual predators.
"Sexual predators are a very serious threat to our children's safety, particularly in the very places that should be an oasis for them," said Pence. "As Attorney General, I won't sit by and wait for sex offenders to prey upon our families. Protecting our children will be my top priority. I'll work to close this loophole and institute an effective education and training program, so we can protect more Hoosier families and put these dangerous criminals in jail where they belong."
Pence recently announced plans to crack down on child abuse by: strengthening the Indiana State Child Fatality Review Team; enabling the Attorney General to conduct an independent investigation when a child dies in foster care or under the protection of the State; developing a comprehensive training program for parents, educators and parents to use to identify and prevent child abuse; and forming the Attorney General's Multidisciplinary Child Abuse Investigative Team to assist prosecutors and law enforcement agencies throughout Indiana when a child is intentionally harmed.
To learn more about Linda Pence and her campaign for Attorney General, please visit www.lindapence.net.
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September 25, 2008 Joel Miller, Linda Pence for Attorney General
(317) 750-5757
Linda Pence: Sexual predators will pay for their morally repugnant crime
Closing legal 'loophole' will deter and punish more sexual predators
Indianapolis - Attorney General candidate Linda Pence today announced she will target sexual predators who prey upon our state's children by partnering with the Indiana General Assembly to beef up the child seduction statute. Pence also will deploy the Attorney General's Office to help train communities, educators and parents so they can identify sexual predators before they strike.
"We have witnessed time after time where our children have been molested and seduced by adults who were supposed to be their protectors," Pence said. "These adults in a position of trust have flagrantly violated the law, and because of a legislative loophole, they have been able to walk away without paying for their morally repugnant crime."
As Attorney General, Pence proposes to work with the state legislature to strengthen the current child seduction law to ensure that adults who hold a position of authority over the lives of children are clearly subject to criminal prosecution. The statute, IC 35-42-4-7, makes it a crime to seduce a student if the adult is employed by a school. As written, the law excludes contract employees and volunteers, many of whom provide support to schools and children's activities across Indiana. As a result, sexual predators can turn the law against their victims, which occurred in Southern Indiana when a school bus driver was not subject to a Class D felony because he was employed by a bus company, not the school corporation. The Indiana Supreme Court cited the statute's language and the General Assembly's power to broaden it, in its opinion favoring the bus driver.
"I have personally witnessed the devastation and emotional and physical turmoil that families and children face in these situations, and I firmly believe no one should face this kind of pain," Pence said, referring to a case she took on in which a high school coach maintained he was a volunteer - rather than a paid employee - as proof that he wasn't breaking the law when he seduced two young members of his team. "Because of this loophole, we were unable to pursue criminal prosecution. Closing the loophole would eliminate any doubt in the eyes of the law that these crimes deserve serious punishment."
Pence also would also include a public education component to protecting Hoosier families from sexual predators by training educators, parents, and children on how to identify these dangerous criminals before they harm others. Training and additional assistance would also be available to local law enforcement, to assist in the apprehension and prosecution of sexual predators.
"Sexual predators are a very serious threat to our children's safety, particularly in the very places that should be an oasis for them," said Pence. "As Attorney General, I won't sit by and wait for sex offenders to prey upon our families. Protecting our children will be my top priority. I'll work to close this loophole and institute an effective education and training program, so we can protect more Hoosier families and put these dangerous criminals in jail where they belong."
Pence recently announced plans to crack down on child abuse by: strengthening the Indiana State Child Fatality Review Team; enabling the Attorney General to conduct an independent investigation when a child dies in foster care or under the protection of the State; developing a comprehensive training program for parents, educators and parents to use to identify and prevent child abuse; and forming the Attorney General's Multidisciplinary Child Abuse Investigative Team to assist prosecutors and law enforcement agencies throughout Indiana when a child is intentionally harmed.
To learn more about Linda Pence and her campaign for Attorney General, please visit www.lindapence.net.
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