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Sex offender registry

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Cspritchett87

Junior Member
What is the name of your state (only U.S. law)? Tn

when my brother was 13 years old he beat a nine-year-old child with a switch just like his father used to beat him. He was charged as an adult for sexual assault and spent his childhood in prison. He got out when he was 27 and like every other sex offender, he has to register as one wherever he goes. This has ruined his life to this day and. My brother is more like a father to me and I have never feared him. Now, i have children and I want him in their lives but the law won't let him. Is there anything I can do?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Tn

when my brother was 13 years old he beat a nine-year-old child with a switch just like his father used to beat him. He was charged as an adult for sexual assault and spent his childhood in prison. He got out when he was 27 and like every other sex offender, he has to register as one wherever he goes. This has ruined his life to this day and. My brother is more like a father to me and I have never feared him. Now, i have children and I want him in their lives but the law won't let him. Is there anything I can do?
You and your brother can speak to an attorney in your area to see if your brother can get an exception for supervised visits with your children.

I don't understand exactly why the beating of a child was charged as a sex crime.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Tn

when my brother was 13 years old he beat a nine-year-old child with a switch just like his father used to beat him. He was charged as an adult for sexual assault and spent his childhood in prison. He got out when he was 27 and like every other sex offender, he has to register as one wherever he goes. This has ruined his life to this day and. My brother is more like a father to me and I have never feared him. Now, i have children and I want him in their lives but the law won't let him. Is there anything I can do?
You don't know all the facts. This would not have been sexual assault for beating a child with a switch.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Tn

when my brother was 13 years old he beat a nine-year-old child with a switch just like his father used to beat him. He was charged as an adult for sexual assault and spent his childhood in prison. He got out when he was 27 and like every other sex offender, he has to register as one wherever he goes. This has ruined his life to this day and. My brother is more like a father to me and I have never feared him. Now, i have children and I want him in their lives but the law won't let him. Is there anything I can do?
How old were you when this happened?
 

LdiJ

Senior Member
You don't know all the facts. This would not have been sexual assault for beating a child with a switch.
At least not an ordinary beating. Could it be considered sexual assault if it was a bare backside beating? I am asking out of curiosity.
 

CTU

Meddlesome Priestess
At least not an ordinary beating. Could it be considered sexual assault if it was a bare backside beating? I am asking out of curiosity.
Would that not make bare-bottom spanking of any child a possible sexual assault?

From a cursory investigation (something of an oxymoron, I know), the answer to your question appears to be a solid "no" without other elements being present.
 

LdiJ

Senior Member
Would that not make bare-bottom spanking of any child a possible sexual assault?
I asked because I do not think that I am completely up to date on what, these days, is considered to be a potential sexual assault or not.

From a cursory investigation (something of an oxymoron, I know), the answer to your question appears to be a solid "no" without other elements being present.
Ok, that makes sense.
 

CTU

Meddlesome Priestess
I asked because I do not think that I am completely up to date on what, these days, is considered to be a potential sexual assault or not.
I hear you. Despite my personal feelings on physical punishment, I'd be extremely wary of attaching the label "sexual assault" to corporal punishment unless there is clear evidence that sexual gratification is the motivator.
 

Just Blue

Senior Member
Would that not make bare-bottom spanking of any child a possible sexual assault?

From a cursory investigation (something of an oxymoron, I know), the answer to your question appears to be a solid "no" without other elements being present.
My first thought is that the beating had some sexual aspect. I don't want to even type the words...


I wanted to know the age of the OP at the time this happened to see how much h/she would have been aware of at that time.
 

PayrollHRGuy

Senior Member
I think there must be something or a lot that the OP doesn't know about the case. A 13 year old charged as an adult while not unheard of is not the norm especially for a beating and neither is a 12-14 year sentence for a minor.
 

Zigner

Senior Member, Non-Attorney
I think there must be something or a lot that the OP doesn't know about the case. A 13 year old charged as an adult while not unheard of is not the norm especially for a beating and neither is a 12-14 year sentence for a minor.
I completely agree. I think the OP is being fed a line by her brother, and has taken it hook, line & sinker.
 

Zigner

Senior Member, Non-Attorney
It is possible that the brother was convicted of felony sexual battery.
Not if *all* that happened was a switch being taken to the child as a form of punishment (which the OP really doesn't know):

[SUB]http://law.justia.com/codes/tennessee/2010/title-39/chapter-13/part-5/39-13-501[/SUB]

39-13-501. Definitions.
...
(6) “Sexual contact” includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification
...
 

quincy

Senior Member
Not if *all* that happened was a switch being taken to the child as a form of punishment (which the OP really doesn't know):

[SUB]http://law.justia.com/codes/tennessee/2010/title-39/chapter-13/part-5/39-13-501[/SUB]

39-13-501. Definitions.
...
(6) “Sexual contact” includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification
...
No sexual crime really fits with what has been described by Cspritchett so my guess was just a guess.

There is more to the story if the brother is required to register as a sex offender.
 

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