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Article posted Nov 25 2006, 3:38 AM Category: Tyranny/Police State Source: World Net Daily Print

Man grabs girl's arm – now he's a sex offender

Driver's chastisement of 14-year-old who walked in front of car earns stigma

A man who grabbed a 14-year-old girl's arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a "sex offender," the Appellate Court of Illinois has ruled.

Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.

The girl testified Barnaby yelled, "Come here, little girl," when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness.

The trial jury accepted Barnaby's version of the story, but found him guilty of unlawful restraint of a minor – a sex offense under Illinois law.

As a convicted sex offender, Barnaby is required to be listed on the state's sex offender registry and must keep authorities informed of his place of residency. He also isn't allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses.

Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "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."

Barnaby was not listed on the registry during his appeal, but following the recent ruling by the appellate court, he soon will be.

"This is the most stupid ruling the appellate court has rendered in years," Frederick Cohn, Barnaby's attorney, told the Chicago Sun-Times. "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?"

The appellate court agreed it was "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," however it sided with the state's attorney who argued it is "the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

"It is [Barnaby's] actions which have caused him to be stigmatized, not the courts," reads the decision.





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Comments 1 - 8 of 8 Add Comment Page 1 of 1
globalstomp

Posted: Nov 28 2006, 1:03 AM

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Hey, Illinois State Attorney I got your proclivity hanging you asshole you who would ruin a mans life over an arm grabbing. Your assumptions are ludacris and without merit. Show us the evidence that proves a man grabbing the arm of a 14 yr. old girl to discipline her that he is going to next have sex with her or just start beating her on a regular basis. THERE WAS NO SEX INVOLVED! LEAVE THE MAN ALONE!
globalstomp

Posted: Nov 28 2006, 1:10 AM

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With all the perverts in washington you would think they would cover their ass and not allow such a vague law to exist. Illinois state attorney should investigate the real perverts in Washington and leave that innocent poor guy alone.
Dr. G

Posted: Jan 27 2007, 8:05 PM

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76186 It's the amazing that they allow people that stupid to be attorneys, and the people on that court must be even dumber. What is next, arresting parents who see their children's genitals when cleaning the diapers? Maybe arresting women for sexual assault for breastfeeding? It's really sad to say this man would have been better off not swerving, and that is where this country is heading, thank you very much cheese weasel state attorney.
Anonymous

Posted: Jul 16 2009, 10:50 PM

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24119 thats the problem with law makers and the court system everthing
is about sex. and tobe honest a man don't have a chance. if a female
says its sex then get ready for prison are ready to make a deal and
get registerd as a sex offender.its time for men to stand up and do something about this because we are all going to end up in prison.
if a female just gets mad at you and says he did this he said that
then you can kiss your @ss good bye. not counting the money you
will spend. you will loose your family your job. and your life. so lets stand up and fight this. make the courts have evidence. and not the word of defax are dhr. because that couldent investagate a dog getting hit by a car.
Anonymous

Posted: Jul 16 2009, 10:53 PM

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24119 how can a woman go to the police and say this man tried toget in my pants. then the man is arrested. what is the evidence. her word
thats it. the court tells the man we will offer you 8 years in prison.
and if you don't plea and if you are found guilty we will give you 20
years. what chance in hell do you have. none at all.
Anonymous

Posted: Jul 16 2009, 10:57 PM

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24119 why don't all the men in the united states stand up and fight the court system. make them stop sending people to prison for sex crimes with out haveing any evidence. it shouldent even go to court.
why put a person in jail for nothing. we never know if were going to be next.
Anonymous

Posted: Mar 09 2011, 1:34 PM

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75202 thinking about working in criminal justice system is not easy when we don't have someone in the white house taking care of real business. i hope trump runs. what about his proposals for prison reform, i think he probably has some sensible ideas reguarding this country and what we need to do to get the sloppy jobs people are doing back on track. Conned no more.
Anonymous

Posted: Dec 15 2013, 12:37 PM

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86141 It would be interesting to see what would have happened if this had taken place in the UK(my own country!). Following possibilities:-
1. It would be laughed out of court by a bench of magistrates, aka a court of summary jurisdiction;
2. If it did get to a jury trial the jury would throw the case out—and, what's more, the judge would direct them to acquit!
3. Should a conviction result it would be thrown out by a superior court;
4. If the courts insisted on maintaining the conviction the result would be a combination of a public outcry, plus questions asked in Parliament on both sides of the House, and in both houses—with Parliament itself assuming the role of Supreme Court!
Comments 1 - 8 of 8 Page 1 of 1


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