Yeah, we know, the law is what’s on the books — not what judges feel like it should be. So we don’t take issue with the New Jersey Supreme Court’s recent sex offender registration decision as a legal matter.
But we do question the case’s outcome as a policy matter. From the Newark Star-Ledger (via How Appealing):
A Warren County teenager who, at age 12, was caught “playing doctor” with his 6-year-old half-brother must register as a sex offender under Megan’s Law, the state Supreme Court ruled yesterday.
The 6-0 decision reversed an appeals court ruling that the teenager, now 19 and identified only as “T.T.,” was exempt from Megan’s Law because his offense was not sexually motivated.
So this poor kid, an aspiring proctologist, gets lumped in with all the hard-core sex offenders. Here’s what he did, back when he was a wee lad of 12 (he’s now 19):
[O]n Jan. 15, 2000, T.T. was visiting the Phillipsburg home where his half-brother lives when he used a douche bottle to give the younger boy an enema.
The boy said T.T. woke him early in the morning, “threw me on the couch and took off my pants” and inserted the douche bottle.
T.T. admitted doing that and said he had done the same thing to himself. According to court records, T.T. told psychologist Timothy Foley he was “curious.”
Heh. Take it from us, kid: No good deed goes unpunished.
P.S. Note to Star-Ledger copy editor: Including “loophole” in this article’s title strikes us as being in poor taste.
Justices Close Megan’s Law Loophole [Newark Star-Ledger via How Appealing]
Court Upholds Juvenile Registration as Sex Offender [New York Times]