Legal Question in Civil Rights Law in Utah

perpitrator rights

My husband touched a cousin back in the '80's. He was not tried until '98. Now he is on the sex offender list for life. He is required by law to register each year-which he willingly does. He has completed everything required of him by the court to make it right. He has served his jail time, probation, completed therapy,and keeps his registration current. With no further offences since the '80's. We got married a year ago and he moved into my home. Now (a year later) the sherriff said he has to meet with him once a month because he has to protect the children of our town. ''No suspicious reasons, just fact finding and deterant''. Does he have to do this if it is not ordered by the court? It is now 2006. This is an old issue. Can't he get credit for all these years of ''clean behavior''? I have children that I don't want to submit to an officer coming by once a month for 4 years. We want to put this behind us and move on. It seems like harrassment to me-just because they can.


Asked on 7/07/06, 1:37 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: perpitrator rights

You can refuse the meetings and see what action the sheriff takes. You might ask him on what basis (law) his demand to meet is made. Since your husband has completed all of the court ordered programs, the sheriff does not have the right to demand such meetings. Your husband must be treated the same as any other citizen, absent probable cause to believe he has violated some law.

Notwithstanding the great progress your husband has apparently made, the risk of recidivism among sexual offenders is incredibly high and many enforcement agencies are taking a hard stand to prevent recidivism. However unless there is a law which allows such follow up, the sheriff is not authorized to conduct such interviews.

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Answered on 7/07/06, 1:48 pm


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