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cannot pick up daughter because I am on sex offender list for a misdemeanor

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dadinmo

Guest
cannot pick up daughter at school because I am on sex offender list for a misdemeanor

What is the name of your state? Missouri

I have several issues or questions. I pled guilty to sexual misconduct (566.090) in 1998. I received, 2 years probation and SES. My probation was revoked in 2000, please see next paragraph for details. In 2004 the school district my 7 year old daughter attends school in notified me I would no longer be allowed on district property because I am on the list. Not because of the crime but because I am on the list. I had been picking up and dropping off my daughter as well as attending events like fairs and parent teacher conferences since 2002, more than two years. The age of the victim was 17, which is the age of legal consent in Missouri. However, the offender list defines minors as 18 and under. Can I challenge the definitions of a minor within these 2 laws? Am I now suffering from ex post facto because I can't be involved in my daughter's school life? I can't pick her up even in an emergency or attend conferences etc. I also have a court order for visitaion which requires me to pick up and drop my daughter off at school. Can I file a grievance against the school as a third party not allowing the transfer of custody?

My probation was revoked in 2000 for not admiting to the crime I plead guilty to therefore not progressing in treatment. This is untrue. In fact they wanted me to admit to things I did not do, like rape. When I refused I was revoked. They being my probation officer, but mostly by my therapist and the director for eastern missouri sex offender therapy program. All of whom testified under oath at my revocation that I would not admit to my crime and therefore wasn't progressing. So I audio taped my therapy sessions, but my attorney would not listen to them. They clearly show all parties are lying and that fraudulant official papers were filed in regards to my revocation. I realize I cannot sue for medical malpractice because the statute for limitaions is 2 years. Can I file a suit based on their fraudulant testimony and the fraudulant official papers filed?

Finally, the state listed my offense incorectlly on their website for four years. It has since been changed to the correct offense. Can I sue for damages or would I have to prove the damages that occured?

Let me make clear I am not against sex offender lists. But only for those most dangerous offenders like pedophiles, child molesters, and rapists. Not those lists that include adult misdemeanor crimes. I only pled guilty in the first place because it was a misdemeanor. No one cares about misdemeanors. Like when you apply for a job or to vote. But now that I am on this list, my life is ruined, and my 7 year old wants to know why I can't pick her up at school anymore.
 
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calatty

Senior Member
You are probably out of luck on all three questions. I am sure the state is allowed to prohibit registered sex offenders from being on school property. It has nothing to do with ex post facto. Ex post facto is, generally speaking, when the state applies a new law which increases the punishment to an offense committed for the law passed.

The problem you are encountering in treatment is a common one. You are in a lose/lose situation: if you don't admit you have engaged in whatever misconduct they want you do admit, including inappropriate sexual desires and fantasies, they say you are mentally ill and in denial and in need of further treatment. If you admit it, they say you are mentally ill and in need of further treatment and could even prosecute you for other offenses.

Obviously it is not true that no one cares about misdemeanors. A misdemeanor of any kind, but especially a sexual one, can have very serious consequences. Unfortunately, once you put yourself in that position, you are at the mercy of the system. No court is going to rule that a registered sex offender has a right to be on school property or should get damages for an adverse evaluation by mental health professionals.
 
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dadinmo

Guest
Thanks for the reply

The state does have the right to place "restrictions" on offenders, such as not being within such and such distance of a school or where children would congregate, or an age limit that an offender may be in contact with. No such restrictions have ever been placed on me by the state, not even when I was on probation. In addition the judge that set up the visitation agreement was fully aware of the crime and also placed no restrictions on me. So on behlaf of the state, 2 probation officers, 2 therapists, 1 regional diretor for eastern missouri sex offender therapy and 2 missouri judges have not even mentioned restrictions in regards to me or where I might or might not be. This is an independent action by the school district.
As for the the misdemeanor, my point is that I can vote. Most job applications only ask for felony convictions or arrests to be divulged. I can or could obtain a passport and travel. So my feeling is that a misdemeanor is a less serious crime and does imfringe in my civil rights like a felony would.
 
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