ONCE FALLEN ANNOTATED TABLE OF CONTENTS

Part I: A Once Fallen Hope (The story)

  • Chapter 1: Awakening -- The initial shock of my incarceration and the fear of my unknown future leads to
    my “day of awakening,” yet still I hold onto the beliefs which brought me to the cell to begin with. Does it
    really take such a fall for a man to open his eyes? With many of my initial fears unfounded, I turned my
    attentions to the real problem- myself.

  • Chapter 2: Dark Night of the Soul -- Like St. John of the Cross, it felt like the entire world has
    abandoned me. Even harder was that moment when I had to come face to face with my own dark side and
    destroy him once and for all. Through this “dark night of the soul,” I would conquer the greatest of enemies.
    By comparison, the challenges that lay ahead pale in comparison to the fight over my own soul.

  • Chapter 3: Trial by Ordeals -- My first taste of freedom came with a unique set of challenges. I found
    myself in a church group home with a rather controversial reputation. Though I tried and failed at many of
    the tasks laid before me, I found this ordeal integral to my future success as an advocate in a controversial
    field in its own right.

  • Chapter 4: Finding My Way -- At long last, it was time for me to spread my wings and fly on my own.  
    Actually, it was more like hobble out on my own, as I spent my first few months of freedom devoid of a
    home. If there is any good from being at the rock bottom, it is that there is only one direction to go and that
    was up. Slowly but surely, I pieced some semblance of a “normal life” over time-- a job, a girlfriend, a bank
    account, and even a credit card! Of course, it is easier to learn never to take things for granted when you
    are stripped of everything you once held dear. I finally became aware I was not who I once was.

  • Chapter 5: Trial By Fire -- Just when it seems like all the pieces were falling into place, someone comes to
    take it all away from me. The Lord giveth, and the state of Ohio comes to taketh away. It is easier to fight
    when your life depends on it, and a desperate animal is not one to be taken lightly. The ensuing legal war
    against the state over my classification and my right to reside in my cheap hovel may have ended in my
    defeat, but the state found this animal to be more lion than lamb. They cost me everything I worked hard to
    achieve. This was getting personal.

  • Chapter 6: Burying the Past -- Finally the opportunity to bury the past arose from a well-earned vacation.
    Never was there a more awkward moment than to talk with those ghosts of a past better forgotten. “I'm too
    far gone,” I said. What else can I say? I can't undo what is done, nor can things be the way they were
    before. Believe me, I've tried to relive the past with the one I loved more than life itself. But we cannot live in
    the past, we can only live for today and hope for tomorrow.

  • Chapter 7: Fighting Goliath -- I barely had time to settle into a new apartment when I saw the headline on
    the Midday News-- Cincinnati proposes tougher restrictions on sex offenders. I grabbed my mother and
    camcorder and made my way to city hall. A dozen sex offenders in the audience, yet only I spoke out
    against this abomination. The reporter who shook my hand said “You've got guts;” one of the councilmen
    said I had some “audacity.” Thankfully, no one said I had a face for radio. If I didn't believe that one man
    can make a difference, I became a believer when I saw the tide of public opinion change before my eyes. I
    would like to think I played a part in the council softening the law. A partial victory is a start!

  • Chapter 8: Pardon Me -- I have a chance to become “normal” again. A three-judge panel decides my
    fate, but the law ties their hands as I still have a few obligations left before I can be free of these shackles.
    A partial pardon is at least a step in the right direction.

  • Chapter 9: Phoenix -- After seven years, I have changed from a “shadow hawk” to a “fallen one,” and
    from a “fallen one” to a “Phoenix.” No matter how many times I was reduced to ashes, I was born anew, and
    each time stronger than ever. I began as a child and through the fire I became a man.

Part II: The AEROSOL Report (Addressing Errors and Raising Objections to Sex Offender Legislation)

  • Chapter 10: The Root of the Problem -- The root causes of sexual violence are complex; there are no
    “cookie cutter” sex offenders. That being said, there are strategies to reduce the prevalence of sexual
    crimes in America. However, we must admit the things we don't want to hear, such as how our contrary
    approach to sexuality, namely, our simultaneous glorifying sex in the media while treating sex as taboo, is
    exacerbating the sex problem, especially among our youth. If we are serious about preventing sexual
    violence, we must broaden our approach to the problem, expanding that focus on the sex offender to the
    myriad of internal and external factors that play a role in the commission of sex crimes in the first place.
    Also we must teach people to be responsible for their sexual behavior. Only by emphasizing prevention can
    we have any hope of reducing sex crimes.

  • Chapter 11: Monsters, Inc.- Creating Sex Offender Myths -- Sex offender laws were based on a
    number of mantras, myths, misconceptions, and mistruths, all of which have little to no basis in fact. These
    myths have led to a number of disastrous consequences, such as harsh penalties and vigilante violence.

  • Chapter 12: The New “Ministry of Propaganda” -- There are a number of high profile individuals who
    have pushed for harsher penalties against former offenders, some of whom fell prey to the same sins they
    were trying to prevent. Sex offenders generate votes and television ratings, turning sex offenders into a
    major industry. Unfortunately, this industry creates a major obstacle to prevention of sex crimes and may
    actually exacerbate the prevalence of sexual violence in our society.

  • Chapter 13: Scarlet Letters and Pink Triangles- The Shame Game -- The downward spiral of sex
    offender laws began with registration and community notification laws, or “Megan's Law.” Despite a few
    successful legal challenges, a number of acts of vigilante violence attributed to the registry, and the high
    probability of misuse of the registry, the registry is still and place, and has even spread to other offenders
    and even proposed for AIDS patients. However, due to the sheer number of sex offenders already on the
    registry, proposals have been made to make the stigma more visible, such as on license plates and ID
    cards. It will be only a matter of time before this trend progresses towards a scarlet M or the pink triangle.

  • Chapter 14: Banishment by Attrition- Residency Restrictions for Sex Offenders -- The harshest of
    sex offender “regulation,” residency restrictions can best be described as implicit banishment or
    “banishment by attrition.” With few places for sex offenders to live, these laws have led to clustering,
    homelessness, and missing sex offenders, thus effectively compromising the sex offender registries. Yet
    ironically, they are the most popular laws in place; as a result, these demons have become difficult to
    exorcise. Sex offender laws hide behind the guise of being “civil and regulatory” rather than “criminal and
    punitive;” by being civil in nature, these laws by-pass all those pesky constitutional rights, like protection
    from cruel and unusual punishment, due process, ex post facto, and equal protection under the law. The
    key to fighting this demon begins with the argument as to whether sex offender laws are civil or criminal,
    regulatory or punitive.

  • Chapter 15: Pulp Classi-fiction (Sexual “Predator” Laws) -- We don't want to admit it, but we cannot
    predict human behavior. The sexual predator laws try to do just that- predicting which sex offender is more
    likely to re-offend. The experts err on the side of caution, over-assessing risk of individual sex offenders,
    ignoring factors that lower the offender's risk level, while overemphasizing the “high-risk” factors. The result
    is a rather large subgroup within an already stigmatized group subject to a greater number of restrictions.
    This focus on the sexual predator has led to a number of even harsher proposals, particularly castration
    and the death penalty.

  • Chapter 16: The Fourth Reich? -- There is a definite danger in allowing sex offenders to be placed into
    the degraded status in this country. By doing so we are in danger of opening a Pandora’s Box of potential
    problems such as allowing our government to take away liberties that can extend to other groups. As the
    trend continues, it could be possible for the government to deprive liberties based upon thought or
    suspicion alone!

  • Epilogue: The Ameri-CON Way -- The trend is slowly turning away from the “get-tough-on-sex-offenders”
    approach as the myriad of negative consequences have become clearer. The goal is not tougher but
    smarter. We must attack the root causes, implement successful treatment strategies, and find the balance
    between individual rights and public safety. We must abandon widely-held myths, tackle the taboos, and
    have honest discussion about the nature of sexuality with an emphasis on prevention and personal
    responsibility if you are to have any hope of reducing sexual violence in America.

Introduction: Fallen hope?

I was born as Derek Logue on a cold Chesapeake night in October 1976, and died on an equally cold night on
February 20, 2000. I merely died in a figurative sense; in the dark of night, I was taken from my bed, arrested,
and charged with a sex crime. Like the chapters of a book, every major milestone in closes an old chapter of a
person’s life and lays the foundation for a new journey to come. For some, that milestone is a marriage, a career,
dedicating your life to your God or faith, or a major achievement. Every milestone comes with a title, a definition of
your life, a second name. Sadly, the milestone that defines my life in the eyes of society is a single regrettable
event with a terrible consequence, a criminal act. The title that defines my “second life” is three simple words:

REGISTERED SEX OFFENDER

Perhaps no other label in our society elicits as much raw emotion as the label, “registered sex offender.” This
label evokes images of dirty old men waving candy at little girls to entice them into their cars for sexual pleasure,
or the brutal rape-murder of a beautiful, innocent, smiling child. This label carries with it a “social death sentence;”
sex offenders considered are the scourge of society, deserving of death, castration, concentration camps, and
torture. Laws passed specifically against sex offenders reflect this culture of fear and loathing. There are laws
placing us on public registries and cards disclosing our stigma to our neighbors; laws restrict where we live, work,
or hang out; laws keep us incarcerated past our sentences, castrate us, and execute us, all in the name of “public
safety.” Each new proposal creates a new punishment or expands an existing law, and passes legislature without
a second thought, much to the delight of a society seemingly intent on punishment as much, if not more, as public
safety. With this label comes the myriad of myths and misconceptions about who I am; society sees me as an
untreatable pedophile ready to snatch a child at a moment’s notice. I can even say with confidence many will read
this book with the feeling I’m either getting my just desserts or I’m not being punished enough. There is little
understanding, and even less sympathy. Without a doubt, sex offenders are the modern-day lepers of society.
During this new life of seven years, I have sought the answer to a number of questions. Once a person has fallen
from grace, is there ever any hope of reclaiming his lost life? Can a man overcome his past, or his stigma? If life
without love can never be whole, when what is life without hope? I have contemplated what it takes for a person to
reach the proverbial point of no return. Many times over the years I have teetered on the edge of this point, even
seeking the end of my life. After all, at least by my death, I would make people happy.
However, in the past seven years of this second life I found not only the answers I sought, but a purpose and a
reason to justify living out this second life. To find my answers, I had to experience the totality of my punishment,
face my inner demons, and find my place in a society that would rather my body buried than my past. From the
day of my arrest to the last letter typed in this book and beyond, I have continued this second life. This body is
the same, this birth name is the same, and the events of my first life are a permanent, unchangeable history. But
my soul, the person I really am, has changed considerably over the years. I grew from a fearful, immature and
selfish child in a man’s body to the man I am today. I have confessed my sins, sought forgiveness, made
reparations to the state and the victim’s family, and stood up for my right to reintegrate into society, all things the
old me could never do. I am no longer afraid to admit I made a terrible mistake while simultaneously question or
protest laws that do nothing to protect children from sexual violence.
Virtually everyone seeks the meaning of life; for me, finding common ground between the two sides of this issue is
my purpose. In a way it is penance and soul-searching, but more importantly, my purpose is to seek the answers
to the root problem of sexual violence. For this reason, I felt the need to write Once Fallen. Once Fallen is, in part,
a chronicle of my second life from the day of my arrest to the fight to bury the final token of my former life, the
record itself, by way of a pardon. But Once Fallen is not intended to be simply a memoir. I seek to reach both
sides of the issue. For the society at large, Once Fallen stands as a case study of how the popular sex offender
laws impact actual human beings. For the former offender, Once Fallen is a message of hope. Both sides seek
knowledge and wisdom to solve the sexual violence issue, and Once Fallen offers up, at the very least, a guide to
help point us all in the right direction.
Through many years of personal experience and growth, along with research and education on the subject, I
have acquired a vast amount of knowledge on the subject. Thus, the second part of my book is a comprehensive
analysis of the root causes of sexual violence and the sex offender laws. If society is serious about preventing
sexual violence, we must change our approach to this subject.

ROOT CAUSES OF SEXUAL VIOLENCE ARE OFTEN NEGLECTED

The root causes of criminal sexual behavior is complex and varies from person to person. My reasons for
committing my crime are unique to me. Thus, finding a solution is no small task. However, there is a common and
disturbing trend in our approach to sexual violence. Society has tended to neglect the root causes of sexual
violence. There are a variety of possible reasons why the prevention model is largely ignored, but the key to
prevention lies in addressing certain problems before they become problems.
Ironically, before we can even address the root causes of sexual violence, we must shift our approach to the
entire issue in the first place. Beginning in the early 1990s, our focus has been on the registered sex offender,
those people who have been convicted of committing a sex crime. Every sex offender law passed applies to
individuals ex post facto. We have spent billions on registries, GPS devices, civil commitments, and lawsuits
defending these laws. However, programs designed to address proper and realistic sexual behavior in our society
are largely ignored, neglected, and sorely under funded.
A significant reason why root causes of sexual violence is largely ignored lies in America’s obsession with the sex
criminal. Virtually every sex offender law in existence has its roots in a sensationalized “stereotypical kidnapping”
that usually ended with the murder of the victim; many of the laws are even named for a victim which inspired
these laws. Virtually every sex crime garners media attention, and politicians add the obligatory “I’m tough on sex
criminals” speech every election year. Humans tend to be extreme by nature; thus, these reactions are typical.
However, emotions often cloud sound judgment and facts. In order to seek a feasible solution, we must overcome
this obsession.

SEX OFFENDER LAWS ARE BASED ON MYTH, NOT FACT

We know all the myths by heart: sex offenders have a high recidivism rate; sex offenders cannot be cured; sex
offenders are all pedophiles who cannot be cured, etc. However, researchers have found these myths to be
myths. Sadly, few people read research papers; many not in the researchers’ field of  expertise find research
papers dull, wordy, confusing, full of technical jargon, and boring. Thus, their target audience is often limited to
others in the researchers’ own field. Getting a politician or a layman to read such reports is like getting a child to
eat a bowl of plain-Jane Corn Flakes without sugar or a tiger proclaiming how “g-r-r-reat” they are. A few will
consume it, but most would rather trash it than eat it.
Sex offender laws were created mainly by people with a noble intention in mind, but emotions, ignorance of the
facts, and the human tendency to lean toward extremism hinders the intent of the law. While the facts are
analogous to a plain corn flake, the novel sex offender law is the sugar-laden cereal with a famous advertising
agent in the box. True authorities on the subject, like John Q. La Fond, Lisa Sample, Eric S. Janus, Jill Levenson,
or Corey Rayburn Yung are not household names, while John Walsh, Mark Lunsford, Maureen Kanka, and Patty
Wetterling, among others, have become the equivalent of the celebrity on the box, and their emotional message
is the sugar that disguises the bitterness of their product.
However, the tide has been slowly turning slowly but surely. The cereal analogy is appropriate in many ways, not
only in its initial production, but in the change of the product over the years. The formula for many sugar-laden
cereals were changed recently due to concerns that too much sugar and refined was causing obesity and
diabetes; the sugar content was reduced, while more whole grain flour was added to the formula. Similarly, many
people are discovering that these laws are ineffective and rife with negative consequences. Worse than having
virtually no impact on the prevalence of new sex crimes, but it was actually increasing those factors that increase
the likelihood of re-offending! Reforms will be slow in coming, as those who created these laws are afraid or
stubbornly latching on to their failed formula. Whatever the case, reforms can only occur when we discipline
ourselves as we should when dieting, which means putting away the sweet rationalizations of failed systems, and
embracing the healthy solution we shunned so much in the past.

SEX OFFENDER LAWS: MISSION ACCOMPLISHED?

If candidly telling my story serves just one purpose, I want you to understand the complexity and impact of these
laws on individuals who have served their time but are bound by these laws. Every day I wake up wondering
whether congress has passed a new law with the latest novel approach to dealing with registrants or expounding
on an existing law. Each law is progressively intruding to the point I believe we will place “the mark” on our
foreheads or right hands. Sex offender laws are a powerful and dangerous tool, but is also prone to deal
unintended consequences. Registries have been used by individuals targeting sex offenders for vigilantism.
Residency restrictions have driven registrants “underground” or have made them homeless. Various laws have
caused registrants to experience emotional and financial instability, which ironically, increases the likelihood of
recidivism.
While many readers may share the sentiment sex offenders are “getting what they deserve,” there are far-
reaching consequences to allowing these laws continue to exist. These laws have succeeded in undoing the
progress made by the civil rights movement, creating a degraded class of individuals devoid of many of the same
rights and privileges the common folk take for granted. This trend is slowly spreading to other realms; the
reactions to 9-11 is similar in many ways to our reactions on sex offender laws. In order to combat the perceived
threat of terrorism, our government created the Department of Homeland Security, introduced a color-coded
“Terrorism Threat Level,” which has never dropped below yellow since its conception, passed the so-called
“Patriot Act,” which granted our government nearly god-like abilities to spy on its own citizens. The media was
“embedded” in the “war on terrorism” as the US invaded a country with a weak military and no real proof of
“weapons of mass destruction,” toppled a token bad guy, declared “Mission Accomplished,” and imposed our way
of life on a foreign nation. Years after the mission was *ahem* accomplished, we are sending more troops every
month to this nation, pumping billions into a nation full of valuable resources while running this nation into a debt
our grandchildren will be paying off in their old age. What did we really accomplish (besides angering almost the
entire world)?
Sex offender laws are similar to the 9-11 laws in many ways. The laws were conceived in fear and raw emotion,
passed and imposed without question or objection, grabbed a great deal of media attention, and gave society a
sense that the mission was accomplished. However, after years of the proclamation the new regime is the omega
factor in the evil they were trying to quell, there has been either no change, or things have gotten progressively
worse. Now America has come under scrutiny for torturing terror suspects. In the same way, sex offender laws,
long considered “civil” and “regulatory,” are causing such severe reactions they are now being considered
“criminal” and “punitive” because they cause harm to those under the law.
Looking at recent history, particularly the events of post WW1 Germany, allowing the government to degrade the
status of one unpopular group of individuals opens the door for government to extend these laws to other groups.
Retroactivity, due process, the constitution in  general, are all thrown out for the sake of “the children” or “public
safety.” If even the least of our citizens are degraded, the possibility of degrading the rights other “threats” to the
American way of life is possible. The US Supreme Court has never formally struck down the Japanese internment
camps of WW2. Looking at Nazi Germany, Hitler began persecuting “asocials” (gays and sexual deviants) and
ended with the Jews. Public fear, ignorance, and loathing justified the horrible atrocities of these concentration
camps created for the sake of “the children” and “public safety,” and America is in serious danger of doing the
same.

If we are looking for a panacea for the prevalence of criminal sexual violence in America, we must understand
what does or does not work. It is my sincerely belief and hope my story and my research stands as the measure
of what has worked, or all to often, what hasn’t work. Only through wisdom and knowledge shall we rise from the
ashes.

Book One: Fallen Hope

My life is an open book. This story is told through my own eyes, heart, and soul. This is a journey of personal
awakening, tragedy and triumph. Within these pages you shall follow me through seven years of my life starting
from the night of my arrest, chronicling my journey through the darkest depths of the human heart, whether my
own dark side or those of the greater society that would ostracize me. There are two paths in this journey-- would
I remain a “fallen one,” or would I rise from the ashes and spread my life anew like the Phoenix? Though many
obstacles lay ahead, the path I chose to take was my own.

Excerpts from Chapter 1: Awakening

My first life ended the night of February 20, 2000, a cold but clear winter night. I was awakened by a flashlight as
an officer pulled me out of bed to “take me downtown.” During the short ride to the jail, the investigator asked me
if I knew why they came for me that night. Deep in my heart I knew the reason why, but I tried my best to play
dumb. I responded with a comment about a fight I had been involved in a few months earlier. At the station, the
investigator questioned me about the crime I had committed. I denied it at first, even feigned surprise at the
accusation, but after a few minutes of questioning I confessed. It felt as if I was watching a movie from a first-
person perspective rather than feeling like this was actually happening. Perhaps it was a way to cope with the
scene unfolding before me, or perhaps I was simply in shock. I felt so detached from myself it was if I had died, at
least in a spiritual sense. It is for this reason I refer to that night as the end of my first life.
I read a quote from Malcolm X that stated how a man never gets over the prison bars because the bars burn a
permanent mark on a person’s mind for life. I soon learned the meaning of those words as those bars closed
behind me that night. Those bars are unforgiving, indiscriminate, and seemingly eternal. These bars outlast every
coping strategy our mind devises to deal with being trapped within the confines of the steel cage. Those bars
would be my cradle as my second life began, serving as a lasting monument to a monumental mistake and,
ironically, a protective environment for the new life within. Sometimes it takes an extreme set of circumstances to
compel a person to take a harsh look at his inner self.
As the initial shock wore off and the harsh reality of my situation set in, I began to worry more about my physical
life than my spiritual life. Prison life abounds with stories about the fate of those accused of sex crimes in prison.
They are called “chicken hawks,” “baby-rapers,” and “child molesters;” sex offenders are at “the bottom of the
food chain;” “Big Bubba” turns sex offenders into “women.” Information, or at times, “misinformation,” passes
quickly through the prison system, ensuring others know who you are (the rumor that spread about me was I was
arrested for sodomizing a 3-year-old boy). I was placed on suicide watch, but I was still sharing a cell with another
prisoner; perhaps the officers were really more concerned with my death at the hands of another inmate rather
than my own hands. Though many of the inmates were rather nasty towards me at first, I never experienced any
actual violence. In time, I would be treated the same as everyone else. Despite this, I still feared the destiny
awaiting me.
There are many reasons why so many people “find God” in prison. My reasons were a combination of fear,
boredom, and soul-searching. Christianity can be a shield to hide behind in prison; in fact, a couple of inmates
told me to carry a Bible and say, “Praise the Lord, brother,” when approached in prison. It can also be a tool to
occupy your mind, as Bibles are readily available and there is no shortage of prison ministries. But far more
importantly, Christianity is a message of hope and love to those who feel neither. A jail cell is the ideal
environment for those who weren’t receptive to religion in the past to receive the Word of God. Throughout my life
so many people have reached out to me in the name of God but I drove them away. Now for admittedly selfish
reasons I reached out to the God I had rejected for so long…

Finally the fated day was upon me, the cold morning of February 6, 2001. I was taken to court that morning, and
something inside me compelled me to give up on the deception. I finally decided to accept a guilty plea. In
retrospect, a plea of six years for a single charge wasn’t much of a plea. To this day, I can’t tell you why I
accepted a plea which was not much less than the maximum sentence. I’d love to be able to say it was remorse
and guilt over my actions, but in reality, I can’t say that. I believe it was a “let’s just get this over with” mentality.
For months I had tried to put up a fight; I tried to fire my court-appointed attorney, file a petition questioning the
conditions of confinement, and even tried a change of venue; all these petitions were denied. They would not
allow me to bond out, represent myself, or plead nolo contendre. Even if I wasn’t guilty, I would have been
railroaded; sadly most people accused of sex crimes can expect similar treatment by the justice system. Despite
this, I remained a man guilty of committing a sex crime, and the time had come for me to finally accept my fate. In
all my experiences throughout this ordeal, the day I accepted the guilty plea remains the saddest moment of my
life. I wanted to finish myself off, but didn’t have the courage to cut the length of my arm rather merely slashing
across it. I called my ex-mother-in-law and told her the news; later she came to pick up all my belongings as I
prepared for my transfer to prison. Two weeks later, on February 21, 2001, one year after my arrest, I was
transferred to Kilby Correctional Facility for processing.
Prison processing is likely as close to death as any man in this country would want to be. You are deprived of
every possession you ever had, even your last pair of underwear and your hair (as you are shaved), strip
searched, showered, and your crime publicly exclaimed. I panicked, remembering the stories about “Bubba,”
dropping the soap, and the fate of sex offenders in prison. This landed me in the psychiatric unit for evaluation. I
was placed in a cell with nothing but a rubber mat, a paper gown, and a roll of toilet paper I used as a pillow. I felt
like an animal in a cage; maybe I would have fared better as an animal. Perhaps the greatest hardship with prison
life was learning to adjust to the monotony and the loss of individuality. In prison you become a number. I was
number 215332. And number 215332’s first night in a state prison was in a cold cell with a rubber mat. By the next
morning, the initial shock of my new environment wore off, and after a brief conversation with the psychologist, I
was placed back in the intake dorm…

Despite having such tools of rehabilitation at my disposal, I would work on many things except confronting the
issues which led me to prison. I was experiencing the feelings common to all inmates; even among those who
seek God, many do not want to admit their own problems, though we are quite proficient at pointing out others’
faults. I needed a “wake up call,” and prison was the ideal place for that. Prison doesn’t care that I didn’t want to
work all day in the kitchen. The prison psychiatrist wasn’t much help, either; he said all my problems would be
solved if “someone beat your ass one good time.” People typically go to counselors for help, but for me, it was as
much a crutch as it was a sincere desire to seek help. However, I could not rely on my crutch anymore. Eventually
I had to learn to deal with my issues by facing them rather than running away. The hardest step to make in the
path to rehabilitation was the first step, and the time was finally ripe for my first step.

Once Fallen Part 2

Addressing Errors and Restoring Order to Sex Offender Legislation (“The AEROSOL Report”)--
Introduction

In the past decade or so, American society has focused on laws that punish individuals convicted of sex crimes
long beyond prison sentences. It seems with every high profile sex crime (not to mention a subsequent election
period), legislators introduce either new legislation or an expansion of an existing law. In the decade or so since
“Megan’s law” passed, our society has shifted their views from “sex offender laws are wrong” to “kill all sex
offenders/ these laws aren’t doing enough.” Increasingly debilitating laws are introduced on a regular basis,
passed with virtually no opposition, and largely supported by the general public without even a thought of the
consequences. Even in the face of evidence to the contrary, we continuously push for even more legislation
because we feel we “aren’t doing enough.”
As a culture, we are seeking to progress rather than regress, and sex offender laws symbolize a regression. We
have reintroduced concepts held in contempt by previous generations:  public humiliation, a degraded class
status, and the incapacitation model of justice. Despite the dangers of this sentiment, few individuals have spoken
out against these laws.
However, resistance to sex offender legislation is growing. Sex offender laws have been proven to be “ineffective,
inefficient, and counterproductive.” Judges, prosecuting attorneys, sheriff’s offices, and even child victim
advocates have called for wholesale reforms of sex offender laws, and even total opposition to some of the laws.
In 2007, the media has released more reports critical of sex offender legislation than in any other year since the
passage of Megan’s law in 1996.
All this opposition begs the question: what IS the proper way to prevent sex crimes in America? American
government spends billions on sex offender legislation that have done nothing to address prevention. Prevention
and education programs are limited and are largely forsaken in our society. In the first half of Once Fallen, I gave
my personal story to illustrate how the laws affect the individual sex offender. One thing I hope you find striking is
the freedom I had whether or not to re-offend regardless of the law. Hopefully this illustration will lead you to
question the efficacy of our current laws. The second half of this book addresses these concerns from an
intellectual standpoint. Is there truly a way to prevent sex crimes? Do these laws impact criminal sexual behavior,
or are we merely blowing more air than an aerosol can? Are these laws causing “more harm than good?” In order
for us to find these answers, we must address the issue as a whole rather than the narrow focus on the former
offender.

(Note: Currently I included the references in the work, but as the work is reformatted in final book form, the
references will be transferred to a bibliography)

Excerpts from Chapter 10: The Root of the Problem

Without a doubt, criminal sexual acts are among the most traumatic and horrifying acts committed against another
human being; in many cases, the repercussions lasts months, years, or even a lifetime. Sex crimes are more
disturbing if a child is involved. As a human being first and foremost, I believe that if a person commits a sex
crime, that person shall be punished with criminal sanctions. As a rehabilitated sex offender, I believe a person
convicted as a sex criminal be held accountable and be taught responsibility and accountability for their actions,
to make amends for transgressions and settle debts with those hurt by the crime, and fulfill the court-imposed
sanctions. As a Christian, I believe forgiveness does not detract any more from these obligations than King David
was in seeking forgiveness for his sin against Uriah the Hittite.  In no way should sexual abuse and rape be
tolerated and go unpunished. In this sense my views and the views of society meld.
However, there is a great divide regarding what must be done to reduce the perceived prevalence of deviant
sexual activity. Much of the current sex offender legislation merely punishes an act already committed. Legislation
has done virtually nothing to study the root causes of sex crimes, and even less to actually address the issues. It
leaves little wonder why sex offender legislation has virtually no impact on actual sex crimes. Thus, my duty as an
advocate is to find a solution to the dilemma that finds the delicate balance between public safety and successful
reintegration and rehabilitation of former offenders. In the spirit of the “ounce of prevention” slogan, I believe any
serious discussion of sex crimes should begin with learning the root causes deviant sexual behavior….

Sexual Responsibility a “Hard Sell”

Chief researcher Dr. David Finkelhor emphasizes the need for educating our children about proper sexual
behavior, especially in the online era. His concern is that he found most dangerous was the teenagers were
willing to talk about sex online with complete strangers, and going to sex chat rooms and websites (“kind of
behaving in what we call like an internet daredevil”). His conclusion is similar to mine- educating about the
consequences of inappropriate sexual behavior (Dr. David Finkelhor, Internet Caucus Advisory Committee,
20070503youth, www.escriptionist.com, p. 4-5)

So for example, we have to educate them about why hooking up with a 32-year-old guy has major drawbacks like
jail, bad press, public embarrassment. We have to educate them about the ploys that people they’re going to
meet online might us to gain their trust. We have to talk to them about why they should be discouraging rather
than patronizing sites and people who are doing offensive things online, fascinating as that may seem to them

(ibid., p. 5).

Hopefully by now, after reading my story and seeing how easily even a juvenile can be branded a sex offender,
you will understand why I think it is imperative we teach our children proper sexual behavior long before they
become adults. But as Dr. Finkelhor put it, “…unfortunately, these aren’t easy sells” (ibid.). Part of the main
reason why is the “taboo” stigma surrounding sex talk in general, but in using the word “sexual responsibility”
some people come to the conclusion we are somehow blaming the victim or removing the concept of
accountability and responsibility on the part of the perpetrator. This is simply untrue.
I remembered a discussion I had on www.sexcriminals.com regarding dress codes, which led to some pretty
heated arguments. A recent fashion trend involved tight pants with provocative expressions like “Booty-licious”
emblazoned on the buttocks. Immediately I was criticized for bringing it up because somehow the women on the
forum assumed I was implying people who wore such things were “asking to be sexually assaulted.” That wasn’t
the point I was trying to make. However, I did not believe children should be allowed to wear clothing designed to
warrant attention to a sexual part of their bodies. I believe the aversion is a result of our belief in freedom; simply
put, we want freedom to do whatever we want. However, freedom comes with great responsibility. While it is no
less wrong for a criminal to rob a man with a hundred dollar bill strapped to his chest than if he hid it in his shoe,
but common sense would tell us strapping a hundred dollar bill to your chest is rather irresponsible. Society
stresses vigilance, yet when anyone suggests an act of vigilance that involves a small personal sacrifice, society
rebels against the notion.
On the other hand, there has been a trend towards “hyper vigilance.” A prime example of hyper vigilance was a
controversial ad campaign for the Virginia Department of Health’s sex abuse hotline. The ad featured a photo of a
man holding a little girl’s hand and the caption, “It doesn’t feel right when I see them together.” Hundreds of men
complained because the ad implied every time you see a father out with his child, he is likely a sexual predator.
The Virginia Department of Health defended the ads, stating that men are more likely than women to sexually
abuse children. The same article reminds us John Walsh had suggested never hire a male babysitter (Jeff
Zaslow, “Moving On: Are We Teaching Our Kids To Be Fearful of Men?” Wall Street Journal, August 23, 2007).
Predator panic has diverted us from feasible preventive measures, focusing on released sex offenders and now
men in general. Patty Wetterling of the Jacob Wetterling Foundation (and mother of the missing child which led to
the first sex offender registry in America) has advocated spending more money on programs working with abused
youth and prevent troubled youth from committing the crimes on the first place. Wetterling found the same results
as noted in the Sample and Kadleck study, namely, legislators were unwilling to read reports and had little
knowledge of the nature of sex crimes. Many legislators have even stated, “don’t confuse me with the facts” (Dan
Gunderson, Minnesota Public Radio, “A better approach to sex offender policy, June 18, 2007, http://minnesota.
publicradio.org/display/web/2007/06/11/sexoffender1/).
In short, society chooses to hold fast to their preconceived notions about the origins of sex crimes, while largely
ignoring those external root causes we as a society can intervene in and address. This is significant when you
consider the fact that 86% of inmates in prison for committing sex crimes are first time offenders (US Dept. of
Justice, “Sex Inmates In Prison,” 1997). At the least, sex offender laws have done nothing to address the six of
every seven sex offender inmates who are serving a prison sentence for the first time. When you consider the
fact repeat offenders are more likely to be incarcerated than first time offenders, it is safe to say we are
underestimating the amount of sex crimes committed by first time offenders. Our narrow focus on sex offenders
has led to neglect the vast majority of sex crimes occurring in our society!
To summarize, I believe any strategy to reduce sex crimes should have prevention as its foundation. While
deviant sexual behavior is a product of varying degrees of internal nature and external factors, our contrary
culture has emphasized the internal factors while simultaneously propagating external factors which increases the
likelihood of deviant sexual behavior. Prevention should start with teaching sexual responsibility with the same
dedication that we teach in operating motor vehicles or other things that can cause harm when misused or
abused. Sadly, since we have neglected to teach responsible sexual behavior for whatever reason, whether
through neglect or an attempt to “shelter“ children from the world, mass media has filled the void, reinforcing
faulty beliefs through innuendo while reducing inhibitions toward responsible sexual behavior. Teaching children
sexual responsibility is easier and superior to a futile attempt at environmental censorship; however, our negative
attitude toward even suggesting the teaching of sexual responsibility constitutes a barrier to prevention. Only by
subverting the current views and trends in our current culture can we have any real hope of reducing and
preventing sex crimes in America.
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The Book Description as written for Amazon.com:

Once Fallen is a two part book giving both an eyewitness account and expert testimony of the negative consequences of the current
direction of sex offender legislation. Current sex offender laws focus on retribution against Former Sex Offenders while neglecting
the rehabilitation of registrants, and completely ignoring tried-and-true prevention and education measures that would greatly
reduce criminal sexual behavior. Current sex offender legislation create barriers to the successful reintegration of individuals who
have served out their sentences. In addition, these laws help propagate the myriad of myths and lies we believe about sex crimes
and those who commit them.

Once Fallen follows the seven year journey of one man to overcome his past and live as a productive member of society. The law,
an unforgiving society, and internal struggles stand in the way of a reformed life. The first half of this book chronicles this man's
struggle for forgiveness in a society, overcoming insurmountable odds to atone for the sins of the past while offering hope for those
facing similar personal mistakes.

The Second part of Once Fallen is the fruit of nearly a decade of research on the impact of sex offender laws. Sex offender
legislation is very popular, yet have come with disastrous consequences for both the registrants living under the laws and the
society that desires them. The laws have been proven largely ineffective while merely reinforcing stereotypes and myths about sex
offenders. Vigilantism, social ostracism, and denial of basic needs are just a few of the negative consequences of the laws on the
individual registrant. Such negative consequence give ample incentive to disobey these laws, as they ultimately punish mostly
those who are rehabilitated and have no desire to recidivate.

The social consequences of these laws include failing to address the greater number of sex crimes which are committed by
non-registrants, the dilution of the registries as a result of predator panic, and the perpetuating of a fear-based culture. This fear
has led to hypersensitivity to sex crimes to the point laws intended for the "worst of the worst" are used against even non-sex
crimes or behaviors once merely frowned upon, such as consensual teen sex. We have given up large amounts of personal and
constitutional freedoms, and laws created against sex offenders are expanding into other criminal behavior, with the potential risk
of punishing people based upon perceived risk alone.

Once Fallen gives you the truth behind the sex offender legislation and industry, giving you the facts you may not want to hear, but
NEED to hear. As with many social panics in our society, there is money to be made in the sex offender industry, with billions of
dollars at stake, leaving no desire from mass media, celebrity advocates, and legislators to tell the public the truth behind this
ill-fated legislation.

Once Fallen offers a rational solution to a problem riddled with well-intentioned but failed legislation. The solution requires we think
outside the box and approach the subject with an open mind.

Written by Derek Logue, advocate, webmaster at www.oncefallen.com, a critically acclaimed factual information site on sex offender
topics and issues.
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