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Bill Holds Employers Civilly Liable for Sex Offenders' Repeated Crimes

December 14, 2005
By: Katie Peterson
State Capital Bureau

JEFFERSON CITY - If a Missouri registered sex offender repeats their crime they are not the only ones that would go to court in a bill filed for next legislative session -- so would their employer.

The bill sponsored by President Pro-Tem Sen. Michael Gibbons, R-Kirkwood, holds places of employment that have substantial contact with children under the age of 16 civilly liable for registered sex offenders repeat crimes if hired by the company. This applies to any repeat crime classified as a sexual offense on or off the premises of employment.

Gibbons said,"This puts pressure on employers to do a thorough background check and if they are a registered sex offender to not be hired and not put in contact with children."

Jeanetta Issa, President of the Missouri Child Abuse Prevention Association said she supports the legislation. Issa explained that child sexual abusers are very similar to other issues in society concerning addictive behaviors like alcoholism.

"You wouldn't ask as alcoholic to work in a bar," Issa said. "Even if they have sought treatment, they will always have that addictive personality trait."

In addition, the bill prohibits state agencies that have contact with children under the age of 16 from hiring registered sex offenders. It also poses stiffer penalties against convicted sex offenders. All statutory rape, statutory sodomy, and child molestation charges would be classified as the highest felony, Class A, facing 10 to 30 years or life in prison.

Executive Director of Prevent Child Abuse Missouri Lucia Kincheloe said she believes the bill is a step in the right direction, but said much more prevention activity needs to happen.

Kincheloe reported that 90 percent of all child sexual abuse is from people the child already knows like a trusted family member.

"We need to keep the perspective that dealing with state employees is a step in the right direction, but it is not enough," she said. "We are finding our trusted coaches, teachers, and neighbors are the ones perpetuating sexual child abuse."

According to Missouri Highway Patrol Fingerprint Technician Supervisor Tammy Byrd there are currently around 11,055 registered sex offenders in Missouri. At this same time last year there were approximately 10,394.

Gibbons said tougher penalties against sexual offenders and ensuring the safety of Missouri's children against sexual abuse is a priority issue for the next 2006 legislative session. His bill is one of a number of bills filed concerning tougher penalties against sexual offenders. Gibbons said he expects bipartisan support for his legislation.

"Our job is to protect children, so no child is a victim of sexual assault. We may not be able to stop all of them, but we will do our best to stop most," Gibbons said.