If you are like me, you are sick and tired of seeing cases of abused children on the news and abusers continuously getting away with their crimes with little or no jail time.
Because Massachusetts' version of "Jessica's Law" carries penalties almost three times less than the original Jessica's Law in Florida, it enables such behavior to fester. With a clear and alarming increase in rates of abuse and neglect among the most vulnerable, many in our state are asking, "Where is the outrage?"
After all, Massachusetts currently ranks first for confirmed cases of child abuse and neglect. Sadly, Massachusetts has become a magnet state for such predators due to our lenient laws when it comes to punishing child abusers and putting victims first.
Recently in the course of a single week, Lowell, Brockton, Hopkinton and Quincy saw high-profile cases of child abuse splashed across news headlines. While the accused are innocent until proven guilty, the way the law approaches their potential crimes is as unsettling as the crimes of which these people are accused.
John Wheeler of Lowell was arraigned on three counts of aggravated rape of a 9-year-old girl. He was released on his own recognizance on condition that he wear a global positioning system bracelet, a device we know is not reliable through examples like the Addeo case earlier this year.
Daniel N. Leger of Mason, Ohio, formerly of Stoughton, was arraigned in Brockton District Court on charges of child rape and indecent assault and battery on a child under 14. Leger faces more time in prison for indecently assaulting a child than for the physical rape. He poses a clear flight risk because he resides in another state, yet bail was set at only $2,500.
George Scandalis of Hopkinton was arraigned on charges of indecent assault and battery on a child 14 or older and enticement of a child younger than 16. He has a history of being accused of abuse, having been barred from working as a traveling minister in the 1970s on allegations of child abuse.
Probably the most high profile is the case of William S. O'Connell of Quincy, who has been charged with child rape including rape of a child, drug trafficking and possession of cocaine. The charge of the possession of 19 grams of cocaine carries a mandatory minimum sentence of five to 20 years, while rape of a child carries no minimum mandatory sentence. It's preposterous that one can be convicted of possession of drugs and serve more time than for being convicted of child rape.
Perhaps the most disturbing aspect absent from Massachusetts laws is a minimum mandatory sentence for rape of a child.
Critics argue that minimum mandatory sentences limit judges' discretion. Sex offenders like Kenneth Stone, Corey Saunders and David Flavell are clear examples of why we need to remove judges' discretion in cases involving sex offenders and of the need for mandatory sentences such as have been enacted in other states.
While improving our laws will not eliminate all abuse, we can call attention to such cases, minimize recidivism and ensure we protect Massachusetts' children to the best of our ability. Our children deserve better.
• • •
Joseph DiPietro of Middleton is president and founder of Protect Mass Children, whose stated mission is "to protect children from sexual predators through education and legislation." The organization recently recognized Essex County Sheriff Frank G. Cousins Jr. "for his years of service promoting child abuse awareness"; and has introduced bills in the Legislature calling for "strong mandatory sentences for child predators and mandatory life sentences for repeat offenders."
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