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Hospice of Salina
Santa Stash 2017

Salina Man’s Sex Case Sentence Affirmed

KSAL Staff - August 25, 2017 1:46 pm

The Kansas Supreme Court has affirmed that a Salina man currently serving prison time for child sex crimes will remain a lifetime registered sex offender.

50-year-old Ray Tappendick pleaded no contest in 2011 to two counts of aggravated indecent liberties with a child for offenses committed in 2008.

At the time of Tappendick’s plea, the Kansas Offender Registration Act required lifetime registration.  On appeal, he argued that the lifetime requirement violated the Ex Post Facto Clause of the United States Constitution because at the time of the crimes they would have required only 10 year’s registration.

Tappendick also appealed from the district court’s denial of his motion challenging lifetime post release supervision as cruel and unusual punishment.

The supreme court affirmed that Tappendick will be a lifetime registered offender. The court was not asked to rule in the cruel and unusual punishment argument.

Tappendick is currently at the Winfield Correctional Facility. His earliest possible parole date is July 4th, 2021.

 

Vicki Burton

August 25, 2017 at 2:56 pm

According to the NCMEC map there are over 861,837 men, women and children (as young as 8 and 10 in some states) required to register and the “crimes” range from urinating in public (indecent exposure), sexting, incest, mooning, exposure, false accusations by a soon-to-be ex-wife, angry girlfriend, or spiteful student, viewing abusive OR suggestive images of anyone 18 years old or younger, playing doctor, prostitution, solicitation, Romeo and Juliet consensual sexual dating relationships, rape, endangering the welfare of a child, the old bate-n-switch internet stings (taking sometimes 12 months before a person steps over the line) guys on the autism spectrum or with intellectual disabilities and many others.

If you multiply the number on the registry by 2 or 3 family members you can clearly see there are well over 3 million wives, children, moms, aunts, girlfriends, grandmothers and other family members who experience the collateral damage of being murdered, harassed, threatened, children beaten, have signs placed in their yards, homes set on fire, vehicles damaged, asked to leave their churches and other organizations, children passed over for educational opportunities, have flyers distributed around their neighborhood, wives lose their jobs when someone learns they are married to a registrant….all these things occur when these people try to hold their family together and provide the three things that professionals state are needed for successful re-integration; a job, a place to live and a good support system. Residency restrictions, ranging from 500 ft to 2,500 ft are ludicrous and not supported by ATSA.

The Supreme Court’s Crucial Mistake About Sex Crime Statistics – ‘Frightening and High’ (Debunks the 80% recidivism rate cited by now SCOTUS Justice Kennedy)

It is very important that you read the abstract below and then the full 12 page essay by Ira Mark and Tara Ellman. (Debunks the 80% recidivism rate cited by now SCOTUS Justice Kennedy)

ABSTRACT This brief essay reveals that the sources relied upon by the Supreme Court in Smith v. Doe, a heavily cited constitutional decision on sex offender registries, in fact provide no support at all for the facts about sex offender re-offense rates that the Court treats as central to its constitutional conclusions. This misreading of the social science was abetted in part by the Solicitor General’s misrepresentations in the amicus brief it filed in this case. The false “facts” stated in the opinion have since been relied upon repeatedly by other courts in their own constitutional decisions, thus infecting an entire field of law as well as policy making by legislative bodies. Recent decisions by the Pennsylvania and California supreme courts establish principles that would support major judicial reforms of sex offender registries, if they were applied to the actual facts. This paper appeared in Constitutional Commentary Fall, 2015.
http://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2616429

A study reviewing sex crimes as reported to police revealed that:
a) 93% of child sexual abuse victims knew their abuser;
b) 34.2% were family members;
c) 58.7% were acquaintances;
d) Only 7% of the perpetrators of child victims were strangers;
e) 40% of sexual assaults take place in the victims own home;
f) 20% take place in the home of a friend, neighbor or relative (Jill Levenson, PhD, Lynn University)

The public needs to decide if they want to continue to focus on those who, for the most part, are onetime offenders or if they see a greater need to fund programs like “Stop It Now” that teaches about grooming behaviors and other things in their Circles of Safety.

Women Against Registry ~ Fighting the Destruction of Families

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