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    Sex Offender Goes to Court:  ‘All I Wanna Do is Attend Church’

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    Sex Offender Goes to Court:  ‘All I Wanna Do is Attend Church’

    Convicted sex offender James Nichols said he was trying to better himself by going to church. But the police who arrested him explained: The church is off-limits because it has a daycare center.

    Now Nichols is challenging North Carolina's sex-offender laws in a case that pits the constitutional right to religious freedom against the state's goal of protecting the public from child molesters.

    "I just started asking the question, 'Why? Why am I being treated this way after trying to better myself?'" said Nichols, a 31-year-old who was twice convicted of indecent liberties with a teen girl and again in 2003 for attempted second-degree rape. "The law gives you no room to better yourself."

    At issue in Nichols' case and a similar one in Georgia are day care centers and youth programs at houses of worship where sex offenders can come into proximity with children. Sex offender advocates agree some convicts should not be allowed around children, but they contend barring all offenders denies them support needed to become productive citizens.

    "Criminalizing the practice of religion for everyone on the registry will do more harm than good," said Sara Totonchi, policy director for the Southern Center for Human Rights. "With these laws, states are driving people on the registry from their faith community and depriving them of the rehabilitative influence of the church."

    Thirty-six states establish zones where sex offenders cannot live or visit. Some states provide exemptions for churches but many do not.

    In December, North Carolina state legislators barred sex offenders from coming within 300 feet of any place intended primarily for the use, care or supervision of minors.

    Three months later, Nichols was arrested at his home after attending Sunday services. He said he was "floored" to learn that he had been picked up because Moncure Baptist Church has a child-care center for families attending services.

    "I believe wholeheartedly if it wasn't for God, I don't know where I'd be today," he said. "God's blessed me with learning how to live a better life."

    You can read more here from the AP article...

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    This type of thing is becoming more and more of an issue for churches.  How should churches react.  More importantly... how would YOUR church react?

    Todd

    Comments

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    1. Peter Hamm on Thu, October 08, 2009

      He blew it.

      Yes, he’s forgiven, but the consequence remains…

      Come on… the church operates a day care facility.

      He’ll have to find one that doesn’t.

      Simply put, he can not have the same freedoms and rights he used to.

      He blew it.

    2. Josh R on Thu, October 08, 2009

      I do think this is one of the great puzzles of our age… 

      The church should be enthusiastic to have somebody like Mr. Nichols…  God wants to redeem Sinners…  But those very sinners that need to be saved are dangerous in their unsaved state, and we have no means to accurately judge the condition of their heart.

      I think Security in the church, particularly around the children is very-very important..  It is not right to not want these folks in our church, but if they are going to be there, we need to be very carefull.

    3. Peter Hamm on Thu, October 08, 2009

      Josh,

      A sex offender, even in a “saved state” is still dangerous. Those who are honest will tell you this is true. For many reasons.

      The church in question operates a day-care facility.

      The individual “twice convicted of indecent liberties with a teen girl and again in 2003 for attempted second-degree rape.”

      Case closed.

    4. The other JAN on Fri, October 09, 2009

      We’ve had a couple of sex offenders attend church and we do not have a day care.  But we have made sure he knows that we know and we make sure that he is never ever on his own.

      Too many churches don’t take on the responsibility to protect children. I don’t understand it, but they don’t.

      I agree with you Peter.

    5. zad on Mon, October 12, 2009

      I don’t see the “day care” being an issue. Most daycare facilities I’ve seen operate M-F and NOT on Sunday’s.  Seems to me its a daycare M-F and NOT on the weekends.

      I do understand the need to protect kids. And I advocate that. But again, I ask, what of redemption?  Child Molester’s are probably the only group today that increasingly haunted by their sins. Even after forgiveness they have to register for the rest of their lives. 

      If you commit murder. In 10 to 20 years it would be over and no longer haunt you. We would allow a murderer in on Sunday’s and believe Christ’s forgiveness would extend and we’d try to rehabilitate.

      What do we do with the childmolester? Are they beyond the reach of God forever?

    6. RevJay on Mon, October 12, 2009

      What is with sex offenders? They think that it is societies fault that they can not do what they want. Just be happy you are not locked up (which I think would be better than hovering around a church with young people all over) and under our legal system, and not the Biblical system of stoning.

      Want to go to church, go where you can join, or to a jail ministry that can help others receive the grace of God.

    7. Peter Hamm on Mon, October 12, 2009

      zad (and everybody),

      I suggest that you do some serious research on child molesters and why they should be separated from children forever (often by their own admission…).

      They are not beyond the reach of God. Nobody is. But they must be beyond the reach of children forever. It is a unique kind of crime, a unique kind of offender. Believe it or not, their brains can get their wiring messed up far worse than a murderer…

    8. rbud on Mon, October 12, 2009

      I don’t know the specifics of Mr. Nichols situation, but in general, I believe sex offenders are too often lumped together into one pot when they should not be. A predatory pedophile, statistically, is bound to search for new avenues of sexual stimulation. They are like drug addicts, and will not stop. They can be highly creative and persistent in their persuits. They are psychologically obligated to persue their impulses and are a constant danger to others.

      But many people listed as sex offenders are not aggressive or predatory. Recently, I read of an older teenager who was sentenced and required to be listed for life on the sex offender registry after he was caught in a compromised situation with his long-time girl friend. This is not the kind of situation that presents a public risk. I question that this boy’s life should be permanently scarred because of a youthful indescretion that did not present an unhealthy sexual appetite or high public risk.

      I’ve also noticed that some of the laws are so restrictive that a convicted offender has no opportunity for rehabilitation, employment or living arrangements. It is a very harsh reality of our extreme paranoia about sex offenses.

      As for Mr. Nichols, as noted here already, he does have other options, although if the NC law prohibits his presence wherever children are present, as some states now do, they are extremely limited as to being impossible.

      This article raises the question as to whether Nichols has explored other options, or whether he has targeted this particular church because of its younger population.

    9. Chuck Denton on Mon, October 12, 2009

      I agree with Peter; however, I question the legality of the law in this situation. If I was his lawyer I would argue that the church is not a “place intended primarily for the use, care or supervision of minors”. It is a house of worship that chooses to offer a day care. I do see the need for such laws and the protection of our children from sexual predators, but I see his side too. The church needs to deal with this issue in love and sound judgment.

    10. Roger on Mon, October 12, 2009

      Tough, tough issue.  We are about grace and forgiveness, but we can’t sow wild oats and pray for a crop failure.  What we sow we reap.  It’s one of the immutable laws of God’s universe.  So what do we do?  Pray a lot and be wise…very wise.

      I think if you have to discover a sex offender there’s probably reason to help them find a place that fits them.  They are still a danger.  On the other hand, if they have the integrity to come to you and tell you about their situation having a submissive attitude willing to do whatever you ask, I think you have to handle it differently.

      In a former pastorate this was the case.  This individual was two years from completing his probation.  He came to me and told me everything giving me verifiable information.  We agreed that he could attend with his family (he could be alone with his own children during his probation) but he was to always come straight to the auditorium and be seated.  He was never to approach a child in any way, and obviously could not do any ministry that had the possibility of involving minors.  He understood there were no second chances.  If he violated any request he was out.  I also informed my staff and board so they could help me watch.

      We never had a problem.  He was genuinely repentant.  That was the key.  I don’t think there is a blanket policy that will work.  You have to work with individuals and pray for a lot of discernment.

      Every church should have childcare facilities so if you say they can’t go where there is a program for children we’d have to start a church just for their kind.  Maybe that’s the next step.  The fact is they are a part of the “whole world” Jesus told us to go to.  We can’t exclude and ignore them.

    11. Michael Dixon on Mon, October 12, 2009

      Peter Hamm,

      Your report of the science is half-baked and misleading. There are, in fact, some child molesters who present as ireparably recidivist. However, offenders are no all of one class, type, or type of offense. There are different types of offenses, there are different types of offenders, There are more and less effective treatment programs.

      But, by all means, if you as a big time pastor thinks Jesus said let the lepers ring the bell loudly when they’re near the kids, then, by al means, keep on keepin’ on.’

      I am staying with matthew 25 and I think some of these guys (95% of child molesters are guys) consitute the least of these our brethern, and some of what we do in the name of child safety marks us out as goats.

    12. Peter Hamm on Mon, October 12, 2009

      Michael Dixon writes [Your report of the science is half-baked and misleading.]

      Speaking as a foster parent to children who have been hurt by sexual abuse…

      My report is fully-baked and correct…

    13. Michael Dixon on Mon, October 12, 2009

      Anecdotal evidence is not comprehensive science, as an adopted and adopting father, I too, know whereof I speak. Your oneupsmanship is not kingdom. You are engaged in a violence on the scapegoats of ourt society. It’s popular among those committed to outreach..downright addictive. It’s hard to love “perps,” expecially enough to let them out of the I love you but hate your behavior box. It’s about dying my friend, it’s all about dying to manifest the life of Christ in us.

    14. Tom on Mon, October 12, 2009

      This is a case very similar to one that I heard of, where a person who was divorced was shunned by a church, but when a man who murdered his wife was welcomed after his release from prison. Who was the real danger?

      We as a church community need to reach out to the lost and hurting, very true. However, we also need to see that we don’t invite a situation that could ultimately bring dishonor upon Christ’s bride, (His Church).

      There has to be a way that a truly repentant sinner of any type, has a way of redeeming him/herself in God’s Earthly kingdom.

      I happen to be an alcoholic saved by the grace of God. We have recovered drug addicts in service in our church. We have many others who have presenting sins that they have rejected from their lived as have I.

      That said, anyone including me, could be “shuck and jiving” about a conversion. How do we know? As Ronald Regan said about the old Soviet Union, “Trust, but verify”. An alcoholic or a druggie can only hide it for so long, but a pedophile, or a rapist,,,,,,,,,,, I just don’t know.

      I will pray and counsel such a one, however, I will not go against the laws of the state, nor common sense.
      Pastor Tom

    15. Peter Hamm on Mon, October 12, 2009

      Michael,

      My evidence is not anecdotal.

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