sentencing re: creep molested my DD

<font color="purple">I wrote a long post a few nights ago and it wouldnt send so here it goes again but shorter version....

Almost 2 yrs ago my daughter (then 10 yrs old... who also is mentally, emotionally, academically, and socailly challenged) was molested by a 17 yr old male that lived a mile from us and went to school with my boys.... lots of in between crap between then and now but fast forward to last monday which was the creeps sentencing.... This was actually the second one b/c after I spoke at the first sentencing the judge decided she needed to look more into the case before making a decision.... so last monday... I got to speak again... and was asked a few questions... then came closing arguments... his attroney was awful... She had the audacity to say that I should have some compassion for her client b/c of all he has been thru and that he is sorry and all that... Then she had the gall to say that I should be thankful that it was her client and not someone else b/c he was gentle and it could have been a lot worse... I agree it could have been a lot worse , those were some of my words at the last hearing... but be thankful, what is she smoking?!?!? Everyone in that court room including the judge were like WTH!?! his po was sitting next to me and was mumbling.... shut up alrady, are you kidding me, and so on... Anyway.... the creep did turn to me and apologize ... which did appear sincere....and I was pleased to hear the words out of his mouth..... So what did he get for a sentnce (which he plead guilty)....

On the L&L which is Lewd and Lascvious conduct with a child (felony).... 5 yrs deferred.... its basically probabtion...sex offender treatment... register as offender for the 5 yrs....

Then once he has successfully completed all conditions w/o any violations than his record is cleared of the felony...

On the misdameanor of prohibited engaged act with a child he recieved 400 hrs community service...

Feels like an insult but I knew that w/o a trial which I fought hard to not have b/c the motion for my daughter to not testify was declined, and i wasnt going to put her thru that he wouldnt get much.... had we goine to tiral he would have went to jail.... The judge could have given him a yr on the misdameanor but she said there would be an open conflict b/c the more serious charge was deferred...

so yeah, that was the sentencing... there is so much more crap from all this that we endured b/c of this but I dont have it in me to get into it.... </font>

i maybe wrong ... but i am not sure that they can remove him from the sex offender list... i think that is for life... they can reduce his felonies to misdemeanors... after his probation is completed... it maybe different because he was still a minor... take gentle care...lyn

Thank you Lyn...

Unforunately yes they can, and it is b/c of his age at the time of the crime even though he was tried as an adult... I went round for round with the prosecutor trying to understand this and I know it doesnt seem right... it isnt automatic, he has to petition the court after he has completed the offender treatment to their satisfaction, and of course he cant violate any of the three to four pages worth of conditions for the next 5 yrs (if he does he automatically goes to jail for the 5 yrs and then it will stay permanent on his record)...and then its cleared as if it never happened... The felony wont stand and that is what deferred means...the misdameanor is permanent... its complicated and confusing and doesnt seem much like justice but I had way the inpact it would have on my daughter had it gone to trial...

((((((((((((serenitywave)))))))))))))

i understand why you didnt want your daughter to go to a trial

i made that same choice when my son's were little... i know how hard it is... your right about the justice system... revisiting that time in our lives and the system definitely didn't protect us... take gentle care lyn

Thank you