Jessica’s Law Court Ruling

For those of you who don’t know much about Jessica’s Law, it is designed to prevent sex offenders from re-offending by placing harsher restrictions on them. Some of these measures include wearing Global Positioning System devices on their ankles after their initial release from custody (CA spends approximately $70,000/day on these and they don’t even necessarily track of offenders in real-time!), random checks to be sure they are residing where they say they are, and not being able to live within a certain distance from schools or parks.

Now, I can’t deny I love the way harsher punishment for sex offenders sounds; however, lately I’ve been forcing myself to look at the bigger picture—in a more rational way. Just like each victim is different from one another, so are the offenders. We tend to think of the situation like it’s “us” vs. “them”. We prosecute, convict, and then forget about them for a while when they’re incarcerated. But in reality things are not that straightforward.

Prisons are not good places. As much as I hate the idea of putting any thought into the lives of these people, the reality is they won’t be in there forever. Eventually, they will get out and be back in our neighborhoods. If this doesn’t leave you with some concern about the treatment of offenders, then I don’t know what will.

Violent offenders of all kinds need some help, some counseling. I’m not saying that I know they can be “cured”; actually I’m sure many of them can’t. But we have to remember that each one of them have different motivations and circumstances that lead them to offend. For some it has to do with sexual interest, emotional attachment, power/control, or anger. This combined with their willingness to offend, which could be due to stress, attitudes/beliefs, substance abuse, or criminality lead to the commission of their sex crimes. Legislators and judges need to consider if the violation was planned, manipulated, forced, or if the offender just happen to have the opportunity that triggered their actions. There are pedophilic offenders, non-pedophilic offenders, rapists, etc. and each individual needs to be addressed in a different way if we’re going to try and prevent them from committing more crimes.

Recent new laws make it extremely difficult for offenders to reintegrate into their communities, so they end up living in bad areas or they become homeless. I’ve heard of homeless sex offenders sitting inside Starbuck’s charging their ankle bracelets so that they don’t get in trouble with their parole officers if the battery dies and they can’t be tracked. That is not something I want to see when I’m stopping by to pick up my soy latte!

These laws are focusing on stranger offenses, when in fact, most of the perpetrators are known to their victims. Most of the time adored by the community in which they live, are adults that children are dependent on, or are intimate partners of the victims. When looking at potential legislation, it is vital to consider what kinds of crimes we are trying to prevent from occurring and if the laws will actually help to prevent them from happening.

I know it’s not easy to think this way since in a way you feel like you’re looking out for the best interest of the sex offenders. But actually looking out for their interest is looking out for our own safety and that of our communities. If these sex offenders do not get help, the chance of reoffending is higher. In a workshop I attended I heard someone say, “How we respond to sexual abuse can help us prevent sexual abuse”. We need to be sure that everything we do in regards to sex offender management is done in a smart, efficient way. It is up to us to create the world we want to live in.

When I attended the National Sexual Assault conference back in September, human trafficking was one of the major topics that was focused on. It was something I had known about.  I had seen it shown in movies like Taken, which made me scared to think about traveling to Europe or Mexico.  At the conference, I was clued into the reality that this is happening worldwide and right in the city I live in. I had never thought of prostitution as a form of trafficking, but it absolutely is.

One man presenting at a workshop talked about his work in juvenile courts and prisons specifically with girls who have been arrested for prostitution. He said, “If you want to see just how bad it is. I challenge you to take a few hours and go spend it in the juvenile courts.” He told us that, in case after case, we would see beautiful, young girls standing before a judge trying to look tough – like what they were going through wasn’t a big deal. We would see them looking around for their pimp, the man who exploited them and made them feel like they had a father-type figure looking out for them. Then we would see the tears streaming down their faces as they realize they have no one there for them.

The other day I had the opportunity to attend a human trafficking task force meeting with professionals from LAPD, FBI, HLS, the District Attorney’s Office, and more.  It’s a scary reality that this problem is continuing to grow, and there isn’t nearly enough help for it or awareness about it.

From what I understand, the first hurdle in these types of cases is identifying who the victims are before they are arrested. This is not an easy task since the victims in these cases appear to be the ones offending. Once they’re arrested, it becomes nearly impossible to give them the help they need. And even if we do give them assistance, we don’t have places for them to go.

It’s these kinds of problems that organizations are working on addressing right now.  As with any type of abuse, awareness is the key to fighting it. If you have the time, do some googling on the subject.  What you learn will shock and appall you. Annually there is an estimated 14,500 to 17,500 people trafficked into the United States. Most of these are children and women. This is a number that isn’t much lower than that of all the undergraduate students who attend my school. One word for this: UNACCEPTABLE.

Happy summer everyone!

This year I got involved with a group at UCLA called the Clothesline Project. It’s one you will find on many college campuses around the country that aims to stop multiple and intersecting forms of sexual violence. It strives to break the silence surrounding sexual violence and to raise awareness about these crimes that affect so many people.

The big event the group has is the three days where we put up a line of shirts in an area on campus. The shirts are decorated by survivors of different types of sexual violence and hung by clothespins on a line. The shirts are color coded to show the form of abuse and whether the victim survived the abuse they experienced.

-White represents those who died because of violence
-Yellow represents the battered or assaulted
-Red, pink, orange are for survivors of rape and sexual assault
-Blue and green represent survivors of incest and sexual abuse
-Purple represent those attacked because of their sexual orientation
-Black are for those who were attacked for political reasons

There’s a tent set up around where the shirts are hung for any survivors who stop by to go inside and make a shirt of their own if they like. Alexa joined me in LA for a couple of days and we each got to make one. This is a powerful way for victims to express how they feel about what happened to them and get it out in a unique fashion. Honestly, I had no idea what I wanted to put on mine…it’s tricky to condense so many emotions onto one shirt. Walking along the line, you’ll start looking at a shirt and as you continue going down one after the other it’s incredible to feel the anger, the hurt, and also to see the strength of each individual all displayed on a simple t-shirt and hanging side by side as if we are all standing together breaking the silence. Then to see the students who just happen to be walking by stop and really look at them, the shock on their faces is apparent as they read. There are just so many people who have no idea how often these types of incidents occur or even that they do at all.

What I really like about this group is the subtle yet powerful way they go about increasing awareness. The line catches your eye and really astonishes anyone passing by. Awareness and the voices of survivors are the most effective ways we can do something about this issue. To see all of the shirts representing such strong individuals makes me more proud than I can put into words and gives me the strength to never stop fighting. So thank you to all of you out there!

Best,
Courtney

Here’s an article I found from Sacramento, CA about the Governor telling state officials to “stop destroying sex offenders’ parole files and to make as much of their contents public as possible”. If you have the time, please read:

http://www.sacbee.com/2010/03/10/2595670/governor-tells-state-officials.html

This article inspires me, it gives me hope and I imagine will do the same for many of you. There are so many flaws in the current system and I know a lot of you have experienced this personally, the little ways that those who commit the crimes seem to get off easier than they should, or slip through the cracks when they shouldn’t. It’s extremely unfortunate, but happens quite often. The fact that they had even been shredding the files came as quite a shock to most people, it doesn’t even seem logical, who would have ever allowed that? Well the good thing is that the situation has been given attention and the shredding of sex offender files in California will no longer be an issue. I’m not quite sure what the situation is in other states, do any of you know? If not, I’d say it’s something to look into.

I know the constant reminder of the past is tough, it’s something that I’d like to think positively about and think you get used to, but I’m not really sure if I can honestly convince myself that’s possible. I recently had “ache” tattooed on my wrist. It’s something I’d been thinking about it and as someone who never ever thought I would ever get a tattoo, it was something I thought about for a long, long while. Did I really want a permanent reminder of my past and the huge problem of sexual abuse? I mean what if one day I decided I wanted to just forget it all, try to completely move on, erase the past and just live in the present and for the future. Not to mention that I decided to get it on my wrist, kind of depressing if you would just happen to see it haha but once I explain people understand. However, after talking with my sister I came to the obvious realization that this has all been a really big part of my life and all the memories and the impact that it’s had on me will always be there whether it’s in ink or not. It’s interesting, it’s actually quite empowering to have it. I’m proud of it, almost like it’s a battle scar and a sign that I survived. When I look at it, it reminds me that no matter how exhausting it gets to keep myself involved, or how hard it gets, I never want to stop talking about sexual abuse, I never want to stop trying to fight it.

I know it’s impossible to go out and stop every single sex offender or to make sure justice is served, but I can keep sharing my story and all that I’ve learned. Awareness is everything! Tell anyone anywhere and just like with this shredding situation in California, so many people didn’t realize it was even going on…the more people who know, the more people there are who can help to make a difference. So if you feel like you can, spread the word far and wide (even if it’s through sharing this website)! Each and every one of you has the power. Progress is possible

Thank you!

Courtney

PS If you are on Facebook – join our ACHE Foundation group!

Hello all,

I hope you’ve had a wonderful summer! I just want to thank you all for the support through the comments and stories you’ve shared it’s been so valuable to others to read and to see that although we’ve all felt alone going through these different events in our lives, we really aren’t alone at all.

I just wanted to share something I’ve been thinking about lately. I’m sure just about everyones seen the story about Jaycee Dugard and her two daughters in Antioch. It’s been all over the news lately and the other night I was watching it and hearing all of these people calling in talking about how appalled they were that Phillip Garrido, the man who abducted her 18 years ago and had been keeping her in his custody was actually a sex offender and was originally sentenced to 50 years in prison, a term which he only served about one-fifth of. No one could believe that this man who had commit these disgusting crimes was not only released from prison very early, but that now he was able to get away with holding Jaycee and her two daughters for 18 years before they were discovered. 18 years…that’s about how long I’ve been alive, just the thought of it is hard for me to wrap my head around. Hearing stories like this really confirm my fear that these people really do slip through the cracks and seemingly without much trouble…it’s disappointing, unacceptable, and far too common.

I’ll never forget the day my coach was sentenced, we went into the courtroom and since we didn’t have a trial they gave each of us girls and one of our parents the opportunity to stand in front of the court and say anything we wanted to. I had felt so confident about everything I was going to say, until I stepped up there with my parents by my sides and I opened my mouth to speak but couldn’t. My eyes began to water more than I knew was even physically possible, my legs went weak and if my parents hadn’t been there to hold me up I would’ve fallen to the ground. Every word that came out of our mouths that day were powerful and packed with emotion that everyone listening could feel. After everyone who wanted to speak had gone up, the judge said that we were more fortunate than others because it could’ve been worse, he told us that he wished we would all seek counseling so that we wouldn’t end up like him (our abuser), he went on to say that the amount of time he served wouldn’t really make much of a difference and that he listened to everything we had to say and had read each of the our impact statements, but the point of the justice system is to take the emotion out. My coach was sentenced to 3 years and served less than that.

I honestly don’t want to sound like I think that all judges, parole officers, etc are like this, but I’m afraid of the ones who are, the ones who let these people off easier than they should and allow sex offenders to slip through the cracks. It just seems too easy for them to go back to living normal lives even after they’re released from prison and are registered sex offenders. I find it frustrating because I know just how many people have gone through abuse or something related to this and still it’s a bigger issue than people allow themselves to realize.

This needs to change, we NEED it to. Talking about it is a good way to start and also writing to legislators, people who are supposed to listen to our concerns and represent our voice. You may not even realize how powerful sharing your story can be, but I can tell you from reading what all of you have shared with us, it makes me just so sad, so angry, and feeling like I want to do anything I can to make an impact. I want everyone to be aware of this issue, so they can care and do what they can to make it better. Please continue to share your stories because it does make a difference and we can do something about this, it can get better if we just continue to fight it together.

If you aren’t sure who you should be writing to you can find out here: https://writerep.house.gov/writerep/welcome.shtml

Thank you!

Courtney

ACHE Foundation’s Courtney and Alexa are the cover story of Pleasanton Weekly – July 11, 2008.

Stronger now
Gymnasts reflect on molestation by gym owner, their foundation to help other victims of abuse
by Janet Pelletier

If the saying “what doesn’t kill you makes you stronger” holds true, two local young women have taken that axiom and run with it.

Courtney Kiehl and Alexa Hernandez were the shy ages of 13 and 9 when they were sexually abused by someone they trusted–their gymnastics coach.

Robert Shawler, 44, now a convicted sex offender with two strikes against him, owned Cal Gymnastics in Fremont, where the girls both practiced. The abuse began in practice sessions, Kiehl said. One day, as she was performing stretching exercises, Shawler slid his hand underneath her leotard.

Shocked and bewildered, Kiehl said she froze and continued on with her practice session. But as the incident continued to bother her, she decided to make a list of stretches she said she was uncomfortable with and emailed them to Shawler because she was too afraid to tell him to his face. Shawler told her they wouldn’t be doing those stretches anymore and that Kiehl needed to delete any email correspondence on that subject. But despite her attempt to quash the abuse, it continued every day for a year, Kiehl said.

As terrorizing the incident was, Kiehl said she couldn’t bring herself to tell anyone such as a teammate, let alone an adult. She was worried that if she told, the gym would shut down and it would affect other girls’ future opportunities in gymnastics.

“I just felt like if it was only me, that I could handle it,” she said.

“I didn’t say anything because I didn’t want the other girls to worry about their future at the gym,” the now 18-year-old Fremont high school graduate said. “I thought I would be destroying others’ dreams.”

But what began as a casual conversation with teammates at a gymnastics meet became the dialogue that would bring her the courage to speak out.

“We were at a meet and we somehow brought (Shawler) up, about how weird he acts and a girl mentioned that he had touched her,” she said. “Other girls then said the same thing had happened to them.”

After finding out that Shawler had abused the other girls, Kiehl said she couldn’t bear to be silent anymore.

“I was bawling. I told my mom that I was going to tell her something that would make her never want to go back to this gym,” she said.

Kiehl’s mother Joyce, who worked at the gym at the time, pulled her daughter out of any activities there and quit working there, leaving many to wonder why because it was unusual for someone as dedicated as she to just quit gymnastics.

Shawler continued to coach, her mother said.

A total of seven girls came forward about their abuse in 2004, with Kiehl leading the way. One of them was Alexa, now 14, who was 9 years old when incidents as similar to Kiehl’s encounters began.

After Shawler was arrested, a trial began. The case ended in 2005 in a plea deal that gave him two felony charges and a jail sentence of three years with credit of time served. Due to the deal, the girls never testified, but were able to read victim’s statements. Shawler was released from prison in June 2007, having served a total of two years, eight months.

During the trial proceedings, Kiehl and Alexa began thinking of a way that they could turn their suffering into something more positive. It was then that rubber bracelets such as Lance Armstrong’s yellow Live Strong one were becoming popular. The girls decided to make one of their own that read “stronger now.” From the bracelet came the ACHE Foundation, which stands for Abused Children Heard Everywhere.

Just like hearing other girls tell of their abuse, Kiehl and Alexa, a sophomore at Amador Valley High School, knew that the foundation would be an outlet for other victims to come forward with their stories. And it has been met with much success. Since it began in 2005, the girls and ACHE have been featured on “The Montel Williams Show,” an ESPN special on abuse by coaches and “Good Morning America.” And all the way, word spread like wildfire about the foundation and its website, www.achefoundation.com. Since then, the girls have received numerous emails of support.

“We had one woman who was 72 tell us that she had been abused when she was younger and only now had the courage to speak up after seeing our website,” Kiehl said.

“If we can help one child, we’ve done what we set out to do,” added Jeanne Hernandez, Alexa’s mother.

Though the girls have found strength, it is still a difficult struggle. Kiehl, once a promising young gymnast, hasn’t returned to gymnastics because it was too traumatic. Shawler had been her coach on and off from 6 years old.

“We were friends. We went to his wedding,” she said. “He was like a second parent to me.”

But she has moved on with her life in other ways. She just graduated from high school and will be attending UCLA in the fall. Instead of gymnastics, she is now a successful pole vaulter.

Alexa said she too has struggled to overcome her experience but wants to move past it. She said she’d like to speak to junior high school students about her experience and let them know it’s okay to tell.

And as damaging as the abuse was to the teens, it’s been a rollercoaster ride for their families.

“I think about it every time I go out,” Jeanne Hernandez said.

Shawler, who was a Pleasanton resident at the time of the abuse, still lives in the area, in Livermore. His wife and children still reportedly live in Pleasanton.

Alexa, who continues to perform, but is currently recovering from an injury in January, said she is afraid that she’ll see him at a gym meet, but she doesn’t let it consume her. His wife continues to coach at an area gym.

But despite lingering feelings, the girls say they have been empowered by their foundation and the effect it has made.

“I feel stronger now,” Kiehl said. “I won’t take it anymore.”

Sex offenders in Pleasanton

Melody Foreman, who works in the investigations unit of the Pleasanton Police Department and registers the city’s sex offenders, said police keep close tabs on them.

“In this police department, we verify address, with I.D., check where they work, we know the car they drive,” she said.

There are currently 38 sex offenders living in Pleasanton, compared to 75 in Livermore. Addresses can be looked up on the Megan’s Law website.

“We have one of the lowest per capita rates of sex offenders living in our community because obviously you have to have a good job to live here,” Foreman said. There’s now about 80,000 registered sex offenders in the state. In Alameda County, there’s probably about 2,500. About half of those live in the city of Oakland.”

“(Police) Chief (Mike) Fraser takes this monitoring of sex offenders very seriously,” she added. “We can pay attention, we have the resources.”

Sex offenders are required to update their registration, name and vehicle information within five working days of their birthday each year, according to police. All registrants are required to notify local law enforcement within five days of any relocation in or outside the jurisdiction. If they fail to comply, a warrant is sought through the Alameda County District Attorney’s office and an arrest can be made.

Foreman said Robert Shawler works in Pleasanton and there is no law against working within a certain distance of child-related centers.

“We can’t control him there, but we can control where he is in the off hours,” she said. “The reason we encourage them to work is because how else are you going to turn your life around and get on with your life if you can’t have a paycheck coming in?”

She said he lives in Livermore because he wasn’t able to find a place to live in Pleasanton that met the requirements.

ACHE Foundation response

“I can’t really stand to read other people’s stories because of how painful it is to know just how common this is. I also was molested when I was about 5 years old by a neighbor. I struggle a lot with feelings of guilt and shame. Although I’ve come a long way I still have a lot to work through. I really really admire and encourage you two young ladies who started this site. We need so many more outlets for people like us to speak without feeling judged or afraid. We need a voice to be heard and not thrown in the back burner as though there is no lifelong struggle for people who have gone through something so traumatic. I pray for all of us who are struggling with these experiences and looking for answers. For those who feel they are to blame in some way and for those who want to be whole. I know one day I will have the courage to tell my story without being afraid of being judged. And I look forward to that day. I know it will allow someone else to begin to heal. Just like this site will help me take another step forward. Thank you and God bless you and every single person who shares their story.”

Article Source: Pleasanton Weekly July 11, 2008
Link to Full Issue (PDF) »

ACHE Foundation was featured in a segment that aired on the ESPN E:60 news program on April 15, 2008.

Video Source: ESPN E:60 – Violated, April 16, 2008

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