11-Year-Old Held Captive For 18 Years by Convicted Sex Offender--What Changes Are Needed
Posted: Tuesday, September 01, 2009
by Steve Kovacs
The Kovacs Perspective
In 1976, Phillip Garrido was arrested and convicted for interstate kidnapping and rape of a 25-year-old woman. He received a federal prison sentence of 50 years to life. He was released from prison after serving only 11 years. On August 26, 2009, the 58-year-old Garrido was arrested in the kidnapping of an 11-year-old in 1991 after the victim walked into a San Francisco area police station and said she had been abducted 18 years ago.
Most people would be surprised to know how many sex offenders actually live near them. There are databases that show us exactly where convicted, registered sex offenders are located. These databases are great to access when looking to buy a new home or to see who might be living near us. However, do we really need to worry about sex offenders re-offending? Is the Garrido case a rare occurrence?
A Federal Department of Justice study in 1994 showed that recidivism rates were lower than most had thought; however, any recidivism in this matter is horrible. Here are some stats from that study:
* Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
* Within 3 years of release, 2.5% of released rapists were rearrested for another rape.
* Sex off fenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison.
However, in 1996 a panel convened by the Department of Justice called the Center for Sex Offender Management brought forth some more sobering statistics. Recidivism rates of around 20% were seen in some areas of the US . Interestingly, psychological treatments were noted to dramatically decrease recidivism.
There are several ways to deal with sex offenders. Of course, there is standard incarceration. Then there are several different forms of psychological therapy. Moreover and unbelievably to some, there is chemical castration and physical castration as well.
Regarding incarceration, I find it appalling that anyone convicted of a sex offense is ever released early. As an example, in the Garrido case he was given 50 years and released in 11. That is unconscionable. Shortly after his release, he kidnapped a child right off the street and kept her for 18 years. If he had been behind bars as his conviction declared, none of the child's nightmare would have occurred.
What should we do with sex offenders? Should we leave it, as it is now, harsh penalties in some states, and lenient terms for others in other states? Are we accomplishing justice for potential victims the way things are being done now? I suggest we are not. In my view, sex offenders should be sentenced harshly. Their sentences should be definite. 50 years means 50 years. Mandatory treatment while incarcerated for the entire length of their imprisonment should be compulsory. Sex crimes have a form of compulsion behind them. It needs special management. Harsh penalties with the latest medical treatments are the least we can do for the safety of our loved ones.
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More commentsI couldn't agree with you more. Connor says they're too soft in the UK, the same goes for Canada. It seems the law is on the criminal's side.I think sometimes in the quest for fairness we go overboard--thanks for your comment.
I would say they should be dealt with harshly also. I agree with you Steve. Sometimes it is easy for us to close our eyes and become quiet because it is always happening to someone else. In court, I have heard many say, "He is mentally ill." No one asked me, but I say, put the body in jail for collaborating with the mind.That will definitely get the guilty party and take care of the mental at the same time. The Judges and Attorneys act though as if you can separate the mind from the body. These are kids these adults are preying on. Some people get longer than that for dog abuse. This is a beautiful article Steve.What a great line--put the body in jail for collaborating with the mind! Also, good point that these are kids adults are preying on and we should not forget that as well as your comment that some get more for dog abuse--GREAT POINTS!
Steve, well done. I agree with you. It's disgusting they can be released early. IF they are to be released early for whatever reason, I would be willing to strongly consider manditory castoration. If my child were his victim I would demand castoration. There is forgiveness for one who repents, but there are also consequences for the crime. Thanks again for sharing your wisdom and experience with us. Blessings to you! TeresaThanks Teresa for your kind words. I believe that forgiveness is valid but also, just as you write ,there are consequences. Thank you for writing.
Sex crime is a touchy subject both literally and metaphorically. But so is murder or any other crime, to one degree or another. But the fact of the matter is that some offenders will pay their debt to society and become productive citizens when released. Others, such as Garrido, will be released and commit another crime. The ideal solution would be for all criminals to be shipped to an island (s) and start their own society(ies); strictly supervised. More than 200 years ago, England shipped the dregs of society off to a new land and now the new land is called America, the greatest country in the world.I thought England shipped those people to Australia but history is not my strong suit. If by chance I'm correct, Australia is a great country as well. I believe that people can change and not re-offend, however, this article brought up a child being molested and I feel strongly that punishment should be harsh and definite coupled with therapy. Thanks for writing Mike I appreciate it.
I think they should be put on a wheel like Conan, generating electricity.At least the victims should take precedence over the gutless abusers.Great piece, Steve.Generating electricity...I have to remember that. Also, I have to rermember that victims should have precedence over abusers--well put.
You are correct Steve. Australia also sent their criminals to Australia. For the most part, criminals shipped to Australia were on the whole more harsh than those sent to America. At least to me, killers, thieves, and kidnappers are worse criminals than debt-dodgers, Puritans, and African slaves. Crimes against kids is horrible. But murdering a human being or raping a woman is not far off in the ranking. Do we kill or castrate convicted criminals and 10 years later it is proven that they were innocent. Do we put them in prisons so they can learn advanced techniques of committing crimes from other criminals, after their release. Or do we ship both men and women where they are far away from where they can cause harm and learn true skills of survival in a productive way.Never thought of sending them somewhere...interesting.
I must agree Steve, these are my thoughts...First something needs to be done to gage the danger a person poses to society. There are dangerous, violent sexual predators in the same category as 18 year old kids who had a 17 year old girlfriend and her parents didn't like it. They are all called sexual offenders. There is no distinction between the two in the current laws. It is always up to the individual judges who rule over the case to decide what punishment is due. There needs to be a definite legal distinction between dangerous offenders and kids who had a girlfriend a year or two younger than themselves. The repercussions of one's acts should first be based on the victim's attitude toward the crime. If they have been truly violated, the perpetrator should be held for very long sentences, if not indefinitely. In my veiw these people who commit violent rape, rape of children, kidnapping and torture should indeed be removed from society permenantly. Shipping them off to an uninhabbited island to survive amongst themselves would be the cheapest easiest solution. They have proven they have no place in organized society. My concern is people who are unjustly convicted of rape...there are some out there. That's why we need to come up with a definate system...probably based on the violence of their crimes...to decide who can be a part of society and who will be ostricised. Very, very good article Steve...I can only agree with everything you wrote...well said.I can only agree with everything you wrote...well said.
Just something to add, we must be very very careful with this...as soon as we start ostracizing people from society, people have a way of getting rid of all people they don;t like...very tricky subject, I must say, I don't have the answers here...Yes, I know what are saying we would not want to have people in power at a given time getting rid of folks THEY do not want around. Slippery slope!
Very well-done. For some reason sex offenders are considered not as violent as rapists (although what is the difference?) or murderers, so they get the soft end of the boot. Mandatory sentences for these crimes should be long enough for the convicted to be too old when they are released to do any kind of similar crime. Those who say the penalties are too harsh either never had children or are too busy cleaning their ivory towers to look at the real world. Great article.I get suspicious when people talk about penalties being too harsh for true sex offenses. One problem of a sex offense is that in most cases, it affects the entire life of a victim. If it happened when they were 15 years old--40 years later many are still dealing with psychological issues. Thanks for your comments.
hi steve,i have been following this story and it is the worst story i have ever heard. it has affected my life, because nothing i have gone through to date, can compare with what this poor girl, as well as her daughters, went through.AND they're predators pleading not guity!i find that deplorable, and a huge waste of tax payer's money.the arrogance of this man had him taking his daughters out on occassion, acting like nothing was wrong, only for them to return to their tents and outbuildings when they got back to their "compound."it will take years for this mother and her 2 daughters to recover from what they were forced to endure.she is 29, her daughters are 11 and 15. this means she was 14 when she first gave birth, in a tent!despicable. whenever i feel like i'm going through a rough time, i think about that girl, and nothing compares to what she went through.thanks for sharing this,my best regards,sueWell said Sue...well said. Thanks for writing.
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