Man put on sex offender list for doing nothing

http://www.suntimes.com/output/news/...-molest01.html

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

This is redicoulous i saw this ariticle at a different forum.

They ruined his life for lecturing a kid stupid enough to be in the middle of the road.

It does seem very unjust.

tsssssssssssssssssss.................stupid is all i can say

What does the girl think happened? Or is this parents going ape for daring to discipline their daughter?

Azi

Who ever pursued charges is evil, I say. what is society coming to back in the old days this wouldn't have even been in court or the news. And the parents would probably thank the guy wha was just being a good samaritan.

think so,

Hey, these days people think their children should have the right to play in the streets. Anyone driving past is a threat to their fantasy world and must be punished.

Unjust doesn't quite suffice to describe this case.

ridiculous is the only word for it

Should that ever happen to you, call the police, because touching the girl in any way or even talking to it, could be misunderstood.

This decision is just rubbish, soon kids will blame their parents as sex offenders because they punished them.

He should have hit her.

I agree, that's the moral of the story: See a kid in the road, speed up.

the guy's name is "fitzroy barnaby"? that's got to be fake...

Well, unfortunately, I think he did screw up and break the law when he forcibly put his hands on her. But, I don't see why it's considered a sex crime. Really, it's stupid to prosecute him for anything, imo, but for sex crimes is out of line.

He shouldnt have put his hands on her, but he definatley doesnt deserve the punishment.

Castrate the bastard! Grrrrrr!!!!

Don't castrate him! Its all society's fault! His mother spanked him, on average, .013 more times per bad behavoir incident than she should have, and he was rejected from the college he wanted to attend! Society just wasn't doing its bit! We really should castrate society!

Crazed Rabbit

Originally Posted by Crazed Rabbit

Don't castrate him! Its all society's fault! His mother spanked him, on average, .013 more times per bad behavoir incident than she should have, and he was rejected from the college he wanted to attend! Society just wasn't doing its bit! We really should castrate society!

Crazed Rabbit

Castrate everyone!!! YAY! Bastards!!!!

Originally Posted by JAG

Castrate everyone!!! YAY! Bastards!!!!

not me!

There'd be nothing left to castrate there King after you've had so much of the Fountain of Youth...

Originally Posted by ceasar010

This is redicoulous i saw this ariticle at a different forum.

They ruined his life for lecturing a kid stupid enough to be in the middle of the road.

After reading your comments on the innocent guy shot as a terrorist suspect, I am surprised that you think this is weird. I mean he could have been.....

He was damn right to do so, he only did for the kids best interrest.

ridiculuos indeed tsssss...

He should go back and hit the kid with a car and scream "THANKS FOR RUINING MY LIFE *****!"
Now that would be funny.

If it's in the US, why doesn't he sue...... He might get rich .....

Originally Posted by Xiahou

Well, unfortunately, I think he did screw up and break the law when he forcibly put his hands on her. But, I don't see why it's considered a sex crime. Really, it's stupid to prosecute him for anything, imo, but for sex crimes is out of line.

ok, I'm confused. Assume you drive and some stupid kid is playing in the middle of the street/road. He/she is not impaired in any way (i.e. deaf, blind), etc, is perfectly normal, but he/she doesn't wanna move (out of spite). Kids do that. Heck, I did similar things when I was a kid.
What in that case would the law allow me to do, without committing a crime ?
I'm not being sarcastic at all. This is an incredibly ridiculous situation, but it could happen to anyone...

Probably nothing, save to call the police and have them arrest the kid for obstruction of a roadway. But the police would take a long time and the kid would run when he saw them, so it might be best just to drive over the kid and speed off so noone sees your license plate number.

Crazed Rabbit

P.S. I am, of course, joking.

lol, thank you, Crazed Rabbit
I just had a Carmageddon flash..

Originally Posted by Crazed Rabbit

Probably nothing, save to call the police and have them arrest the kid for obstruction of a roadway. But the police would take a long time and the kid would run when he saw them, so it might be best just to drive over the kid and speed off so noone sees your license plate number.

Crazed Rabbit

P.S. I am, of course, joking.

Yeah, that's basically it. As far as I know, forcibly touching someone without permission can be considered assault almost anywhere in the US- and that's if its an adult. I guess you could say it was a "citizen's arrest", but I'd be suprised if it held up in court. I mean, it's not like you can knock the crap outta someone for standing in the road.

ok, thank you, Xiahou. That's what I was afraid of.
And, if on top of that, I would happen to be an adult male...and the kid, well, a kid...not to mention a girl...
oh well.

Originally Posted by Crazed Rabbit

Probably nothing, save to call the police and have them arrest the kid for obstruction of a roadway. But the police would take a long time and the kid would run when he saw them, so it might be best just to drive over the kid and speed off so noone sees your license plate number.

Crazed Rabbit

P.S. I am, of course, joking.

You could of course use your licensed concealed weapon and shot the kid and claim self defense......

Over here the citizen's arrest only covers crimes that carry jail time or a few other things, like vandalism, fraud, shoplifting. You're also allowed to arrest wanted criminals if they happen to come your way.

If I was working I could actually do a citizen's arrest on this kid. Obstructing my work can theoretically result in up to two years of prison here, so it's a crime that's under the citizen's arrest clause.