“The List”

“The List”

Imagine having your entire life ruined when you were eight-years old for an action that you could not conceivably understand. There are a multitude of injustices associated with the sex-offender registry, but perhaps none more poignantly addressed than in this Sarah Stillman New Yorker article from a few months ago that struck a nerve with me.

Leah DuBuc was a gregarious child. Plump and pleasant-looking, with ginger hair and freckles, she took the crown at the Little Miss Summer pageant, in lakeside Pentwater, Michigan, belting out “You Are My Sunshine”; she brought the same gusto to gardening and tap-dance recitals. Leah’s troubles began when she was eight and her parents got divorced. Her father remarried and won custody of her and her little sister; her mom, mired in personal issues, was granted supervised visits with the girls at the local Dairy Queen. DuBuc was now sharing her old home with her stepmother and her four children—three boys and a girl.

“I’d never had brothers before, and I was curious,” DuBuc told me. One afternoon, after watching movies with her new step-siblings, ten-year-old Leah mimicked having sex with them—“like we’d seen in the movies,” she says—and then, by her account, exposed herself to the younger kids. It happened several more times, she said.

Later that year, DuBuc recounts, a law-enforcement officer visited her elementary-school class and told the students to inform a trusted adult if they had been subject to abuse. DuBuc remembers complaining to him about mistreatment at home; when authorities arrived to investigate, she says, they learned of her sexual misbehavior. According to another family member, however, one of DuBuc’s step-siblings talked about her actions to a therapist, who then alerted the authorities. (As is often true in such cases, the details may be impossible to establish definitively.)

Amid extensive therapeutic interventions, DuBuc was charged with eight counts of criminal sexual conduct, in the first and second degree. The prosecutor, Marilyn Bradford, insists, “There were a lot of scary things that happened to the victims in the case—ongoing things that happened to the little siblings.” But DuBuc’s court-appointed clinical social worker, Wendy Kunce, noted that at the time “there was a history of ‘charging large.’ ”

At the age of twelve, DuBuc arrived in juvenile court for a series of hearings. Her father, a mechanic, drove her to the courthouse, but he didn’t fully grasp the implication of the charges. (DuBuc’s interviews with authorities often occurred without the presence of a parent or a guardian.) Moments before stepping in front of a judge, DuBuc met with her court-appointed attorney, alone. She remembers giggling when she had to say the words “penis” and “vagina,” and when her fingerprints were taken, she told me, “I felt like I was in a movie.”

DuBuc recalls the court-appointed attorney explaining that if she pleaded guilty to two counts of criminal sexual conduct—a graver crime than the one that she says she committed, because it involved penetration—she’d be taken from her home. Given that she wanted to escape the difficult conditions there, she agreed. DuBuc’s investigating officer, Deputy Sheriff Mike Capra, told me, “I think she was hoping to make it easier on everybody by avoiding a long, drawn-out process and saying, ‘O.K., I goofed up, I’m a kid, I’ll learn from it and move on.”

In April, 1997, the judge ordered that DuBuc be sent to a residential juvenile-sex-offender treatment facility in Manteno, Illinois, called Indian Oaks Academy, where she stayed for nearly two years. An adult could have gone to prison for life, the judge warned, and, as she recalls it, proclaimed her a “lucky girl.”

The horror of sex crimes cannot be understated, but nor can the horror of rendering what is essentially a life sentence to a child who couldn’t possibly know any better. And it is a life sentence — anyone on “the list” is constructively barred from being employed in any job beyond entry level, no matter how brilliant or adept, having a family (don’t tell me you didn’t vet your significant other online), renting property, or living near parks/schools/etc.

There’s often outrage when criminal punishments seem lenient; I would argue that a compassionate approach to the law, especially for those who are over-punished, produces a better society.