Man grabs girl's arm -- now he's a sex offender

[Da_man]

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'



Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

http://www.suntimes.com/output/news/cst-nws-molest01.html

:-\

 

[Vigilant]

Wow, that's REALLY stupid. I think you can go to the Supreme Court on that one.

 

[48Highlander]

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

What the hell?  Isn't that the exact opposite of "innocent untill proven guilty"?  I can just see the next case...

"Well, it's more likely than not that when you looked at this woman and said 'hi' you were only trying to be friendly, but I can't read your mind.  10 years for attempted rape.  NEXT!"

 

[Sheerin]

Well i think his having to register as a sex offender has more to do with the fact that he was convicted of unlawful restraint of a minor which is apparently a sex crime.  It's a little odd, but its what the public wants.

 

[Fishbone Jones]

Best get some dark glasses! It's only a matter of time before you'll be charged with sexual assault for looking at someone.

Oh wait! That would be called leering by SHARP standards. Oh well, guess we're already there. :

 

[Slim]

This world of ours is really slipping!

 

[Sh0rtbUs]

Best get some dark glasses! It's only a matter of time before you'll be charged with sexual assault for looking at someone.

Oh wait! That would be called leering by SHARP standards. Oh well, guess we're already there. :

Almost got into a fight today at the boardwalk on canada Day, for "looking".  :

I feel like a horse with those side blinders on, and society just doesnt know which way i should be pointed, but what they DO know is, Im certainly looking the wrong way now.

 

[GunnerySgtHartman]

I just don't know what to say about that, except WOW! I really hope he apeals the heck out of that case.

 

[Korus]

Illinois is in Cannukistan?

BTW. Dark sunglasses signify intent. So you're hooped either way.

 

[Leviathan]

Stupidity yet again rules the day in the great nation of Canukistan. Now I need my in foil hat AND dark glasses.

ILLINOIS buddy...
NOT "Canukistan"...

Somebody get this guy some "Hooked on Phonics"or something...
A Pet Peeve of mine is people too lazy or foolish to take a moment to think before they jump all over my great nation...

RANT ON/
This simple mistake could have been avoided by a simple effort on your part to READ BEOFORE YOU WRITE.
Instead, you seem to have given in to the overwhelming urge to take an extremist, anti-government point of view at the slightest IMAGINED provocation.
Congratulations, instead of seeming cool, aloof and funny.
You sound plain Stupid.

I admire your astounding faith in our nation.
Stupidity yet again rules the day in the great nation of Canukistan?
Sounds more like stupidity yet again rules the day in the great personage of PIPER!

Forget the foil and get yourself a helmet, God knows you can't afford further brain damage.
/RANT OFF

 

[48Highlander]

ILLINOIS buddy...
NOT "Canukistan"...

Somebody get this guy some "Hooked on Phonics"or something...
A Pet Peeve of mine is people too lazy or foolish to take a moment to think before they jump all over my great nation...

RANT ON/
This simple mistake could have been avoided by a simple effort on your part to READ BEOFORE YOU WRITE.
Instead, you seem to have given in to the overwhelming urge to take an extremist, anti-government point of view at the slightest IMAGINED provocation.
Congratulations, instead of seeming cool, aloof and funny.
You sound plain Stupid.

I admire your astounding faith in our nation.
Stupidity yet again rules the day in the great nation of Canukistan?
Sounds more like stupidity yet again rules the day in the great personage of PIPER!

Forget the foil and get yourself a helmet, God knows you can't afford further brain damage.
/RANT OFF

Considering the leaders of our "great nation" recently decided to bypass the democratic proccess in order to pass their budget, I think he has every right to lack "astounding faith in our nation".  The fact that he misread a part of the article in no way changes the fact that this sort of nonsense happens all the time both north and south of the border.  It also in no way neccesitates insults and taunts on your part.  Him misreading an article is hardly stupid, it's only careless, whereas through your behaviour you have managed to demonstrate a complete lack of maturity.

 

[Infanteer]

Better power down the Death Star there, Leviathan.

Sheriff don't need no pissin' matches in these parts....

 

[Canadian Caesar]

Considering the leaders of our "great nation" recently decided to bypass the democratic proccess in order to pass their budget, I think he has every right to lack "astounding faith in our nation".

I agree, however, you think that the conservatives wouldn't have done the same thing had they been given the oppurtunity and the motive?

 

[Pieman]

There is not enough evidence to label Michael Jackson a sex offender, but there is enough for this poor guy. Hmmm.... :-\

 

[48Highlander]

I agree, however, you think that the conservatives wouldn't have done the same thing had they been given the oppurtunity and the motive?

I'm not playing partisan politics.  If you beleive that the conservatives would have done the same thing, it should make you even MORE mad / despair.  One party ruling with a faschist fist is bad enough, two of them would be next to hopeless.

There is not enough evidence to label Michael Jackson a sex offender, but there is enough for this poor guy. Hmmm.... :-\

That says it all right there....

 

[Vigilant]

There is not enough evidence to label Michael Jackson a sex offender, but there is enough for this poor guy. Hmmm.... :-\

Too true!

The logic of the Judge and prosecutor here are absurd. Just because you grab someone doesn't mean you want to rape them. And youi certainly won't giving them a lecture before.