I Thought Retroactive Laws Were Illegal!

originally posted 11/28/2010

In 2000 I was wrongfully convicted of prostitution and attempted sodomy 2, for supposedly offering money to a 13 year old girl for oral sex.

This was complete BS, and my court-appointed atty. royally screwed up the case. Although I got him to try to explain to the judge what he’d done, the judge wouldn’t even listen. The two girls’ (victim & her friend) testimony varied wildly from each other, and it should have been quite evident that one or both were lying. Of course, the jury always wants to believe the girls side.

I was found guilty, and have exhausted my appeal rights, just this year being denied by the 9th District Court Of Appeals. If I was imprisoned, I could exercise my Habeas Corpus rights, but since I’m not imprisoned, I have no further recourse. I have seriously considered violating the terms of registration, just so I could go to jail and file Habeas Corpus. Unfortunately, I would likely be released long before the case was heard by a court, and my claim would be dismissed since I was no longer imprisoned.
Not only am I required to register, but Oregon requires a $50 annual fee to the State Police, to help cover the expense of managing the registry. This will amount to more than I’ve already paid for court and probation fees, and wasn’t mentioned at sentencing.

I am considering buying an RV to live and travel in, and I have no idea how to deal with the differing laws I will encounter in different states. Some states require police notification within 24 hours of entering the state. Some cities have the ban about being within a certain proximity to schools, parks, daycares etc., but how the hell am I supposed to know where every one of those off-limits places are when I’m traveling? I don’t even know where every school and park are here in the city I live in!

I am NOT a sex offender, so I find it difficult to support some of the things this organization is trying to do-easing restrictions for people who truly are child molesters. I can sympathize with many of the people convicted of statutory rape, and the kids being charged with sexting, and now that I’m in the position I’m in, I know that that many people charged with sex offenses are probably innocent. I would have doubted that before this happened to me.

I don’t see how almost all of the new laws against sex offenders are being applied retroactively. Why doesn’t this violate their rights? That’s like telling me today that it’s okay to drive 65 on the highway, then next week passing a law saying it’s illegal and anyone who drove 65 previously will be arrested. I thought retroactive laws were illegal.
I guess I’m somewhat fortunate in that Oregon’s S.O. laws seem to be less harsh (at least so far) than many other parts of the country.

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