Special Report: Consensual Sex Offenders

( Air Date: 2/22/2006 )
High school students across Southeast Texas are getting ready for their junior and senior proms, but if your daughter’s date is too old he could be an accused sexual offender by the end of the night.The fact is: the lust and love between two young people can quickly turn into a legal nightmare.Prom night can be a night full of fun, music, dancing and sometimes, sex. But even if the sexual contact is consensual it’s not always legal. Texas law is why Tony Meinelt of Vidor was forced to register as a sex offender at the age of 17.His mom now spends her time warning others of the law. “He was charged with aggravated sexual assault of a child because she was only 13. the whole time he thought she was 15”, said Tana Fillingame during an interview with KBTV`s Rusty Surette.Tony died in a motorcycle accident in 2002 in Beaumont.Fillingame admits her son broke the law after having sexual contact with the 13-year old he met at Parkdale Mall, but it’s the punishment that she has a problem with. “It’s not just that he was labeled as a sexual offender, but he’s treated as a pedophile and there was nothing pedophile about him.”In fact, Fillingame says her son and the girl never had intercourse and the touching in question was consensual.After his conviction Tony was told to stay away from all children including his younger sister.“The state of Texas determined he was a threat to his own family. He was not allowed at Thanksgiving or Christmas where children gather”, said Fillingame.Assistant District Attorney for Jefferson County Ramon Rodriguez says too many people are unaware of the law. “Under 14, no child can have consensual sex”, says Rodriguez.In Texas sexual contact with a person between the ages of 14 and 17 will result in a charge of “indecency with a child”. This contact can be touching, kissing, conversation and intercourse.If convicted the accused will have to register as a sexual offender and that includes posting personal and criminal information on the net.http://www.mapsexoffenders.com/ is a common source to find information on registered sex offenders in Texas.The accused may be able to fight the charge of "indecency with a child" in court if he or she is:-no more than 3 years older than the “victim”, -did not use force or threats during the act, -is not already a convicted criminal -and is not is the same sex as the “victim”.Rodriguez says it’s important for Texans to remember you can be tried as an adult at the age of 17.Rodriguez stresses if the victim is under the age of 14 the rules change. The charge is no longer indecency with a child, it is sexual assault of a child.Last year “The Examiner” printed an extensive series on sex offenders similar to Tony`s case. One issue was titled “JAILBAIT”.Reporter Brenda Stancil says the reports resulted in the largest reader response the paper has seen.Fillingmore and others continue to fight to have the laws changed but for now the laws are enforced and Rodriguez hopes all parents and educators will get the information to teenagers before they a risk with romance“If churches and school want to get involved that would be a wonderful thing”, says Rodriguez.The following stats are provided by the U.S. Bureau of Justice:On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community. The median age of the victims of imprisoned sexual assaulters was less than 13 years old; the median age of rape victims was about 22 years. An estimated 24% of those serving time for rape and 19% of those serving time for sexual assault had been on probation or parole at the time of the offense for which they were in State prison in 1991. 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. Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge.