Thu, Jan 21, 2010
Legislators plan to review sex-offender laws
An independent review of procedures concerning child abuse is expected to be delivered to the General Assembly in time for lawmakers to take action this year. Those procedures have been questioned after prosecutors say Lewes pediatrician Dr. Earl Bradley sexually abused up to 100 children over a 10-year period.

The independent review will include among its charges: reporting requirements for suspected abuse, medical standards of proper pediatric care and proper communications among state agencies.

While several lawmakers have said they would introduce new sexual-offender laws this year, those efforts appear to be on hold until the review has been completed.

“I think what’s happening right now because of the Dr. Bradley case is that a lot of legislation is being proposed.

Now, we have to determine what is most appropriate,” said Sen. George Bunting, D-Bethany Beach.

He said lawmakers are reviewing ways to stiffen laws, reporting procedures and state agency adherence to the duty to report.

“Right now, we have to concentrate on parents and helping them deal with this. This is a lifelong situation. My passion is to make sure they get the proper help,” he said. “Right now there’s talk of so many pieces of legislation out there. I support anything that would to try to eliminate a doctor like this going in practice. Protecting the public is my priority, but I’m not sure how to do it in the most effective way and make sure we come out with things that will truly work.”

Sen. Gary Simpson, R-Milford, said, “I think it’s a wise thing to do to wait for the independent report. We need to follow a logical manner of what’s the best route to take to try to identify which procedures currently in place need to be changed. Otherwise, we’ll have a shotgun approach.”

Like other Sussex lawmakers, House Majority Leader Rep. Pete Schwartzkopf, D-Rehoboth Beach, said he would prefer to wait until the report is complete to introduce or co-sponsor any sex-offender legislation.

“For the most part I want to go forward on this with a unified front. I am waiting for the review to see what went wrong, what needs to be fixed and move forward with them. I would say it might take until May, but the severity of this case will really produce a lot of cooperation,” he said.

In the meantime, on Tuesday, Jan. 12, Rep. E. Bradford “Brad” Bennett, D-Dover South, introduced House Bill 304 that would increase the charge against a person who holds a position of trust, authority or supervision over children and intentionally engages in sexual intercourse with a child.

“People who have authority over young adolescents have enormous sway and influence,” said Bennett.

“Those who violate that trust should serve a prison sentence,” he said.

HB 304 would increase the charge to third-degree rape – the current charge for such offenses against children under 16.

Currently, state law calls for a charge of fourth-degree rape in such cases. HB 304 has 21 sponsors in the House and has been assigned to the House Judiciary Committee.

Sen. Joe Booth, R-Georgetown, had worked with Bennett in the past toward stiffer penalties. He supports Bennett’s proposal, but after Gov. Jack Markell ordered the independent review, he, too, said it might be prudent for General Assembly members to hold hearings or meetings to discuss the system and what went wrong.

“Instead of considering several pieces of legislation, we should look at missed flags or missed opportunities to make sure this doesn’t happen again,” he said. He said legislators should examine what’s currently on the books instead of necessarily rushing into new laws.

“Rather than going for headlines, we should be going for goal lines,” he said.


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