Re: responsibility for sex offender reporting/compliance


"Arcadefreaque" <arcadefreaque@xxxxxxxxx> wrote in message
news:1177689041.559298.200510@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On Apr 27, 9:40 am, "foaddoc" <f...@xxxxxxxxxxxxx> wrote:
Is the institution liable to who for what? Did something happen? Or are
you
just hoping that it does so you can sue? If you have an cognizable
interest
in the situation then you should bring the facts to the attention of the
relevant agency or authority. Write a letter. Mention the offender's
status
and whatever regulations or laws you believe are being violated. Contact
your local assemblyman or ward leader or whatever. You have no standing
to
bring suit in the abstract and have not been damaged in any event. If the
matter has been brought to the attention of the relevant authorities and
you
receive no satisfaction there are remedies (injunction, mandamus) that
you
can use to force them to comply with the law.

Thanks for the reply. I suppose I am looking for two answers to the
liability question -
1) If something were to happen between the individual and a child at
the nearby daycare (or whatever), could the institution be held liable
for their part in orchestrating this poorly thought-out and illegal
living scenario?

"Be held liable" is a nebulous phrase. If they knew or should have known
that the individual posed a danger to the community and negligently violated
a statute that said he shouldn't have been housed there, they certainly
would have left themselves amendable to suit were something untoward to
occur.

2) Should the institution be held liable for the law being broken in
regards to where this person is allowed to live? i.e. are they an
accomplice of sorts to this crime (probably a misdemeanor anyhow)
since they acted on the individual's behalf in making the
arrangements. If not criminally liable, could there be foreseable
civil claims against the institution for orchestrating this illegal
living condition and putting children at risk (and causing loss of
business for the nearby daycare)?

I don't see how there could be a statute that criminalizes where an
institution allows a person to live. There could be a statute or regulation
of some sort that states where the individual can or cannot live. In which
case some sort of civil action could be used to compel the institution to
follow the statute or regulation and house the individual appropriately. If
they failed to, some sort of civil sanction coud be be applied either to the
institution or its directors. (I'd assumed this was a gov't or quasi gov't
institution. Is it?) I don't think any liability can attach for "putting
childen at risk," unless the risk of injury becomes an injury. Merely giving
birth puts children "at risk" of all sorts of things.


I really have no reason for asking these questions other than
curiosity sake. There seems to be a large amount of discussion about
this in our community, but some say that the institution is not at
fault since they had no obligations to report anything. And while
they may be technically correct, that the individual is the one
required to report, it would seem that since the institution made the
living arrangments (against state/local laws), and assured the
individual that everything was okay, that they have commited some
fraud in both making the living arrangements and attempting to cover
these arrangements up in order to make money from the individual.

The institution is obligated to compy with the law, as are we all. If the
offender molests a child, it will be no defense that the institution said he
could live there. If he doesn't molest, there is no harm, except perhaps
aesthetically, so I don't see how the institution becomes laible for
anything.


.

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