Proposed Laws: Tough on Sex Offenders and Juveniles

Two criminal law bills have been proposed in Kentucky: one to increase the potential penalties for certain sex crimes and the other to open currently-closed records of serious juvenile offenders. These two criminal law bills are currently awaiting review by the Kentucky House Judiciary Committee.

Tough on Sex Crimes

The Kentucky House Bill 3 would increase the possible penalties for sex crimes. As currently worded, the criminal law would allow the consideration of the death penalty in cases of kidnapping and/or murder involving felony sexual abuse. The law would also broaden use of the death penalty in cases where a child younger than 12 was murdered, even if sexual abuse was not involved.

The bill would also eliminate the statute of limitations for filing civil lawsuits involving sexual abuse.

Some people oppose the death penalty provision in favor of life sentences and other enhanced punishments for serious sex crimes. Others say the criminal law bill is not tough enough.

Kentucky resident Jeff Koenig, who allegedly suffered clergy sexual abuse as a child, is “disheartened” that the bill will not make it a felony crime to have any sexual content between a minor and a person of trust. Even under the new criminal law, some acts of child sexual abuse would still be charged as a misdemeanor.

Tough on Juvenile Crimes

Kentucky House Bill 436 would disclose the records of juvenile offenders aged 12 and older who have committed burglary, felony sexual assault, felony physical assault, homicide, and/or any crime involving a weapon. Kentucky is one of fifteen states that currently prevent public and media access to juvenile court proceedings.

Proponents of the bill, such as Diana Thornsbury, believe opening juvenile records is long overdue. Thornsbury's 12-year-old daughter was raped and killed by a juvenile sex offender over ten years ago. She had no idea that the 17-year-old neighbor who killed her daughter had been previously convicted of raping a seven-year-old girl.

Critics of the bill worry about the stigma some juvenile offenders may suffer if their criminal records are made public.