He grabbed girl's arm -- now he's a sex offender

[LostInSpace]

Link

quote:

---

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [barnaby's] actions which have caused him to be stigmatized, not the courts."

---

I'm kinda split on this one. I understand both points of view. I guess the best thing to do when either in an accident or near accident involving a child pedestrian is to notify law enforcement immediately and stay as far away from the kid as possible. It's the only solution.

[Wolferz]

The law beast devours another poor victim.

The bastards will do anything now to add another body to the prison industries.

Constrained by statutes is a poor excuse for throwing common sense out the window of the courthouse. Be afraid, be very afraid.

[Guest $iLk]

Government at work.

[Guest]

WHY is this unsurprising to me?

Add another victim of government's zero tolerance, ZERO common sense list.

[Grizzle]

Next up: Looking at a child is considered a behavioral precursor to child abduction/molestation and will result in arrest and conviction of the accused.