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Letter to the Editor in Response to "Candidates Talk Tough on Sex Crimes" (October 16, Dallas Morning News)

While the Texas Association Against Sexual Assault (TAASA) applauds our gubernatorial candidates for their concern for Texas children, TAASA is concerned that the Dallas Morning News focused primarily on the potentially prohibitive cost of mandatory minimum sentencing and death penalty sentences for sex offenses against children under 14. There are much greater consequences at stake than a strain on Texas prisons.

Long mandatory minimum sentences can have a number of negative consequences that serve to decrease, rather than increase, public safety. For example, lengthy mandatory minimum sentences sometimes result in prosecutors not filing charges or filing charges for a lesser crime than a sex offense, as well as increased plea bargains down to a lesser crime. Similarly, judges or juries may be less inclined to convict a defendant on a sex offense because of the mandatory minimum sentence.

While lawmakers look at penal statutes as a deterrent for criminals, where child sexual assault is concerned, they must be considered deterrents to reporting the crime as well. Child sex abuse is already one of the most underreported crimes in the country. This is due in part to the fact that as many as 90 percent of child sexual assault victims know their offender, and are encouraged or threatened by the offender to keep the acts secret.

Finally, a mandatory 25-year minimum will force defendants to request jury trials more frequently. Trials will last longer and extreme pressure will be placed on child victims. This is not child-friendly or victim-centered thinking. In the end there will be less reporting, fewer prosecutions and far fewer convictions, the very opposite of the intended result of creating safer communities.

The Texas Association Against Sexual Assault (TAASA)

The Texas Association Against Sexual Assault (TAASA) is the statewide organization committed to ending sexual violence in Texas. A non-profit educational and advocacy organization based in Austin, TAASA member agencies comprise a statewide network of more than 80 crisis centers that serve rural as well as metropolitan areas. Founded in 1982, the agency has a strong record of success in community education, legal services, youth outreach, law enforcement training, legislative advocacy, and curricula and materials development. Additional information about TAASA can be found at www.taasa.org.


 
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