Megan's Law Offender Dilemma

[fritz1255]

Here's a question we don't get every day (or at least I hope we don't). One of the dads in our Troop has shown up as a sexual offender on our State's Megan's Law website. Not a violent crime, but he's there. My wife and his wife are friends, and her story is that he was wrongly accused. Question: Should the other parents in the Troop be made aware of this situtation? My opinion is "no" because of the following:

1) BSA two-deep leadership should take care of any possible situation. This guy is not active in the Troop anyways.
2) Innocent or guilty, the guy knows that he is under scrutiny (many in our town are aware of the situation), and would not likely try anything unless he is absolutely unable to control himself.
3) Statistics I have read concerning child sexual abuse suggest that he overall rate of sexual abuse among children is at least 10%. If you read the list of abusers on any Megan's Law website it is obvious that if 10% is even close to the the actual rate, there are LOTS of abusers out there who have never been charged or convicted. I guess I am more worried about the abuser who is not on the list than the one who is.

Comments? Of course I would feel partly responsible if something did happen and I had not said anything......

[ASM-142]

If he is not active with the troop I would not say anything to other parents. If you are not sure, you should contact council and get a legal opinion on this.

[commish3]

Since he is not a registered member the BSA has no authority in the matter. As long as you are aware of the situation and are consistent in your adherence to the YP procedures you are fine and the scouts are safe. Should the individual ask to register you will need to make the Scout Executive in your council aware of what you know.

[cballman]

commish is right in his answer on this matter. as long as he does not register than nothing should be said in the matter. BUT if he want to go on a campout the that is another matter. IMHO he then must be confronted and told that he is not allowed to go on the outing. if he then continues to press the issue call you district ex. or the head council person and get it straigtned out quick.

[ASM-142]

I think that it would be in the best interest to contact council or DE before it becomes and issue. Especially if you are refusing to allow a parent to go on a scout activity (camping trip) with his/her son.

[evmori]

WOW! I would not let this guy be involved with the Troop in any way shape or form! If he is on the Megan's Law site, he did something. If he is completely innocent, then he can have his name removed. And until he does, steer clear! And if he decides he doesn't like your decision & decides to switch Troops, I would contact your DE & Council & advise them of this guy.

[Lynda J]

I would agree with caballman. I would be very aware of his goings and comings regarding the troop. But since he isn't registered there is little you can do about it. I would not allow him to attend any outing and especially campouts. Just to big a risk. If he complains about it then tell him that he has to be registered to attend these functions. With the climate currently in BSA I see no way he would be allowed to register.

On the other side of this. I have a young couple living next door to me. I regularly check for sex offenders in our area. He showed up. It concerned me and I ask another neighbor who has know the couple for several years. She laughed and told me why he is registered. Seems when he was 16 and his wife was 14 she got pregant. Her parents pressed charges. He is now a registered sex offended. They married after she turned 18 and haven't spoken to her parents in the past 8 years.

[wagionvigil]

He would not be allowed even near a school in Pa. So that seals it for me.

[ASM-142]

I personnally would not like him anywhere around scouts. However, we need to follow the rules established by BSA. Where does it say that only a registered audult can go camping? If the child is allowed in scouting how can you exlude the parent - this is not a secret organization. I do not think that any troop should make these decisions on their own. Council and/or National needs to be involved from the start to protect the scouts and scouters.

[Billiken]

One of the dads in our Troop has shown up as a sexual offender on our State's Megan's Law website. Not a violent crime, but he's there. My wife and his wife are friends, and her story is that he was wrongly accused.

I find it hard to believe that someone found NOT GUILTY would be on the data base.

Question: Should the other parents in the Troop be made aware of this situtation?

Not unless you receive written legal advice from your council.
If yes, make the notification come from council.

1) BSA two-deep leadership should take care of any possible situation. This guy is not active in the Troop anyways.

This assumption does not absolve you if something happens.
His son offers another boy a ride home from a troop meeting. You see them get in the car with the dad behind the wheel.

...the guy knows that he is under scrutiny (many in our town are aware of the situation), and would not likely try anything unless he is absolutely unable to control himself.

Obviously, he was unable to control himself once before (that the authorities know of). You're making a big and dangerous assumption.

Statistics I have read concerning child sexual abuse suggest that he overall rate of sexual abuse among children is at least 10%. If you read the list of abusers on any Megan's Law website it is obvious that if 10% is even close to the the actual rate, there are LOTS of abusers out there who have never been charged or convicted. I guess I am more worried about the abuser who is not on the list than the one who is.

Yes, constant vigilence is required. However it does not mean that you ignore this particular situation.

fritz: This is a horribly complicated situation. First and foremost you better inform council in writing. Make them respond in writing as to what specifically you should do. At least you will be covered by BSA liability insurance. Keep printed/hard copies of everything.

I think your potential liability exposure here is huge (i.e. in the millions of dollars).

However, the moral and ethical issues may be even bigger. For example do you notify all the parents? I don't know. However, I predict this would result in the family in question leaving the troop (thereby denying their son the BSA experience) OR everybody else leaving the troop.

BOTTOM LINE:

You can not just ignore this. First/immediately, get legal advice in writing.

[riverwalk]

Wow. These things can be awkward and complicated. True, many Charged with such things are innocent. Some remain in certain Files/Databases, and were supposed to be removed. This is perhaps as frequent as Guilty people being set free unintentionally (happened in DFW again recently).

Bottom line is, IMHO, same as a possible child abuse scenario we have to address as Scouters.....don't accuse, don't investigate, don't interrogate. Contact the SE and leave it in their hands. Don't mistreat or humiliate someone because of our own attitude. Well intended, we will often be incorrect. Catching one in the Act...that is a different animal.

Be a leaf...gee, I like that.

[optimist]

One of the unfortunate side affects of the Information Age is the sheer glut of incorrect information. Unfortunately, until proven otherwise, you are better off presuming the information is true and acting accordingly. You will never be wrong to seek the opinion of the local council. You and your troop are a part of that council and that is what they are there for. Seeking the advice of a lawyer is also a good idea.

[fritz1255]

Just to clarify one fact: The person in question is a convicted sex offender. That's the only way you get on the Megan's Law website. As stated in my original message, if the incidence of child sexual abuse is anything like the numbers claimed (at least 10%, as much as 30% of all children at some time during their youth), there are almost certainly abusers, perhaps even among the Troop parents, who are NOT on any type of list.

An update: the Troop Committee is WAY ahead of me on this one. Unbeknownst to me, they contacted Council about the situation, and the matter has been taken care of. I found that out after I posted the original message. No secrets in a small town.

[riverwalk]

True, many offenders of any type are unknown. And whether or not someone is convicted or not is not at issue either. In this case another great example for Training is made. Committee was on top of their game, and contacted Council. That's what we're trained to do. Glad it worked out for you.

[Mick Scouter]

Another plug for training. It is an invaluable resource. As much as I may have my doubts from time to time. One lesson learned or one lesson given to another makes an hour, day or weekend worth it.

[Lynda J]

In all my years in Scouting I have never taken or retaken a training that I didn't learn something from.

[Mick Scouter]

True statement. Sometimes we need to look at value added. Don't misunderstand me, I am a firm believer in training.

[fritz1255]

Another update: the Troop turned down another parent who wanted to be a leader. I don't think it went as far as him submitting an application. While the man is a "pillar of the community" (holds a town office), he is also an alleged child abuser, even though he has never been convicted or even formally charged. I am relatively new to this (small) town, so I don't know any of the details, but there are apparently no secrets here........ I found out about this when I was warned to watch him around the other boys when he picked up his son at summer camp.

[deweylure]

I would check with the council and let them check with local law enforcement. In Illinois sex offenders can not even pass out candy on Halloween as part of a new state law. If they did a felony charge is possible. Depending on the sentence given by the court there may be a restriction on this person from interacting with children.

Deweylure

[Lynda J]

Our CO has a member who is a retired criminal investigator. They run full background checks on every parent wanting to register when they first register. Then every three years after that. We have one dad and mom that they refused to let register. She had hot check convictions and he had drug convictions. Their son is great.
But like someone else said. If he is listed on Megans List he was convicted. So many times wives will refuse to accept the facts.