Criminal case filings are holding steady in Lyon County, a phenomenon that pleasantly surprised County Attorney Marc Goodman.
Authorities had thought that with job layoffs and downsizings within the past 18 months or so, they might expect a significant bump in the number of financial crimes and batteries.
“Through July, the last three years, (cases filed) are almost identically the same in total numbers,” Goodman said. “... Even with the recession and the economic downturn, it’s not resulted in any marked change in the number of offenses. And that, I probably say, I find a little bit surprising.”
Going further back in his records, Goodman found that the average of the last seven years is almost identical with the past three years.
Through July 31, a total of 366 cases had been filed in Lyon County District Court.
“I think it’s interesting that our numbers hold that close every year,” Goodman said. “For as tough as things are nationally, we do not see any huge increase in filings, although we still maintain a high, consistent case load. ... But remember, that doesn’t include traffic or DUI or juvenile (cases). That’s just misdemeanors and felonies.”
Thefts and forgeries and other money-related crimes, though, have increased somewhat over time.
“I’ve always said that in Lyon County, most of your offenses are alcohol- or drug-based,” he said. “In that sense, this year’s might be more, might be different. ... They’re indicating more impact of lack of monies on people.”
Statistics on burglaries are difficult to track through prosecutions.
“Burglary is, by its nature, a crime that’s very often never solved,” he said. “I think you have to distinguish crime occurrences vs. crime prosecutions.”
Because burglars work insidiously, most often unseen and leaving little behind in the way of clues, they often cannot be caught and prosecuted; when they are, the arrests frequently resolve numerous burglary cases.
Domestic violence has edged up.
“Domestic violence is probably numbers-wise up, but I guess you could argue that’s economically based or could be,” Goodman said. “But you also have a police chief who’s implemented a much more active, proactive, aggressive stand, too. So do we really know the reason” for the increase?
Too young to consent
Goodman and his staff, however, have watched one category of crime skyrocket — the number of crimes involving consensual, but decidedly illicit, sex between teens.
“They’re not going up in the sense that we’ve got all these sick people out there plucking off our young. The number that’s going up and up and up are in these lower age groups,” Goodman said.
“We’re pullin’ our hair out. We are just buried in reports coming in of 16- and 15-year-olds having sex together, 16 and 14, 15 and 14, 15 and 13, 16 and 12. And what ... are we going to do with these?”
The problem began as “sexting,” where teens send suggestive messages or cell phone photographs of themselves, nude or half-nude, to boyfriends or girlfriends.
“Now we’re getting actual intercourse to the point that they’re coming at us faster than we can keep up with them,” Goodman said.
He was frustrated that parents and teachers don’t take teaching “abstinence” one step further.
“Well, why ... don’t they teach them it’s illegal?” he asked. “The worst part is, it doesn’t matter if you don’t know it’s illegal.”
Goodman wants youngsters aware of the ramifications of their actions, if they are prosecuted and convicted. They would have to register with the state as sexual predators, a distinction they will carry throughout their lives. Girls are included on the list as well as boys.
Intercourse between boyfriends and girlfriends can become public and prosecutable all too easily.
Goodman talked about a presentation he made to teenagers, describing a scenario where a girlfriend caught her boyfriend being too cozy with another girl.
“And she goes absolutely ballistic, and maybe in her ballistic jealousy she goes to her mom and says, ‘We’ve been having sex,’ and Mom goes nuts,” Goodman said.
“I remember giving that once at the high school and all of these boys are looking at each other and they’re turning absolutely pale white. They know exactly what I’m saying.”
Unexpected pregnancies among underage teens is another agent that brings a secret and consensual sexual relationship bursting into the open, and with it, parental demands for prosecution.
“All these statutes were aimed at what we see as the true predator,” Goodman said. “None of it was, I don’t think, ever aimed at the fact that our morality is increasingly falling apart at lower ages, you know? ...
“I’m not saying that some of these 12- and 13-year-olds aren’t consenting, but the law says they can’t (consent). Everybody can make a big brouhaha about this until it’s their kid. Then it’s, ‘Oh, my God, that’s so unreasonable!’”
Goodman said a solution may be to go back to the Kansas Legislature and work on clarifying what penalties will be invoked when underage couples — Romeos and Juliets — are involved. Unless statutes change, sex between underage teens remains a prosecutable offense with the potential for being permanently named on a list of sexual offenders.
“If it looks like we can’t stop it, we’re not getting any help anywhere, getting this under control, we’re going to have to continue prosecuting,” he said. “Maybe the solution is to recommend to the legislature like up to age 17 that it just not be.”
A brighter picture
Goodman found reason to be positive about Emporia’s overall pattern of crimes, compared to those in other cities.
“The only thing I’ve ever said about Emporia, and I think this is accurate, obviously we don’t have a lot of homicides,” he said. “But you know, we really don’t have a lot of violent person felonies.
“You talk Kansas City or even Topeka. how many knife fights and gunshot wounds and people just beaten senseless. You have that weekly, and we don’t have that. We just really don’t.”
Upper-level aggravated battery charges are not often filed, and “usually involve somebody hitting somebody with a beer bottle” instead of a knife.
“We don’t try and kill each other at any rate, generally,” Goodman said.
Shredder (anonymous) says...
I think its sad we have to get the legislature to pass a bill just to keep children from having their lives destroyed by laws targeting sexual "predators." Here's a good article on this sad practice:
http://www.oncefallen.com/Criminalizi...
August 22, 2009 at 9:36 a.m. ( permalink | suggest removal )
NILDOR (anonymous) says...
Could it be that with a staff of a certain number, that they can only handle so many cases/month or year anyway? It seems that the article wants to imply that crime is stagnant in our city which I doubt.
August 23, 2009 at 9:11 a.m. ( permalink | suggest removal )
create (anonymous) says...
"Girls are included on the list as well as boys." Yes! A girl who sends her naked picture to a boy or a man on a cell phone or other device should pay the same consequences and be branded a sexual predator for the rest of her life too.
I hope Mark or his associates have been called to address students in grades 6 thru 12 by every school in this area. Teachers giving that kind of information is not enough. When the county attorney comes to school, kids listen.
Finally, at one time, I would have screamed at anyone who mentioned how girls dress, but I'll take the heat for saying it now. Girls need to learn how to dress like young ladies, not street walkers! It's disgusting to see how girls dress these days.
August 23, 2009 at 9:19 a.m. ( permalink | suggest removal )
MisterO (anonymous) says...
I read a blog once that used a term that fits what Create is saying rather well:
Prostitot
In the blog, the author was talking about parents who dress their little girls (6-12 year olds) in those clothes and what the heck are they thinking when they buy those clothes.
Note to parent's: It's not cute to dress your daughter like that.
On another note, I think it's beyond ridiculous to try and prosecute teens for this, and even worse to ruin their lives by placing them on a sex offender registry, especially if they are a young couple.
Not saying we should encourage physical relationships between young, unmarried couples (we shouldn't), but good grief!
August 23, 2009 at 10:15 a.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
You are right about the comment of holding steady, too bad the investigative reporter didn't ask for the stats of the not filed, dismissed or plea cases. I bet they outnumber the ones prosecuted. Just go ask the cops. They are frustrated at the high number of cases, including domestic violence that the prosecutors just throw away and never file or plead down to a lesser charge so they don't have to go to trial. This happens both in city court and district court I'm told. Why go to the prosecutor to get crime rates? Why not check with the police and the sheriff's office and then compare the numbers of cases actually prosecuted?
August 23, 2009 at 2:59 p.m. ( permalink | suggest removal )
Tell (anonymous) says...
Come on now girls don't dress any worse today then they did 40 years ago. Remember the mini skirt, hip huggers, tube tops? The problem is we have ridiculous laws that simply should not apply in these cases. Maybe Mr Goodman should learn to ask questions before he files a criminal complaint. He has far to many assistants that need something to do. Premarital sex just didn't start in the last five years, girls have been flashing their boobs for as long as I can remember. That doesn't mean its a crime and it doesn't mean its ok it simply means its a part of young peoples lifes. Lighten up Goodman.
August 23, 2009 at 4:29 p.m. ( permalink | suggest removal )
food4thought (anonymous) says...
Why not ask how many cases went to trail and how many cases won? Our attorney office is a joke they plead out cases and when they do go to court it is terrible to watch they don't go prepared and are an embarrassment. There a couple that try hard but have been here so long that they just comply but the younger ones are just plain awful. I have set in on a few court cases and I know nothing of being a lawyer but I can tell you when everyone is waiting for the young lawyer to talk and she keeps saying umm,umm and finally 10 mins later speaks this does not feel you with confidence. I see to many people walk when you know they are quilty but the county attorney office either pleaded it or were out classed by an outside attorney. You see it all the time go watch the courts and see what your tax money has gotten you. The best part is the room is nice to look at when you are waiting for the lawyer to get there thoughts. It is shameful that it has come to this point with all the money the tax payers have put into the court house and the county attorneys office we should get lots better service for our money. Shame on you Mr Goodman for letting get SO bad!!!!
August 24, 2009 at 11:41 a.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I think that the DA's office needs to focus its energy and real crimes instead of charging KIDS for texting and causing legal expenses and even a criminal record that follows them around. Kids make mistakes, kids make bad choices. But their brains are still developing well into their 20's in which then they can have such regrets as most of us do about our teenage years. We want to FORGET our mistakes, not be branded by them. But then again, they are wanting to charge grade school kids with felonies when issues that arise should be taken care of in the school and at home, not a criminal court. SENSELESS DESTRUCTION of kids, families and futures.
August 24, 2009 at 7:52 p.m. ( permalink | suggest removal )
justthefacts (anonymous) says...
I don't know where Goodman is getting this mandatory stuff. He still has prosecutorial discretion to plea the case, not file it or reduce the charge. He does it every day. Sounds to me like he is trying to justify all the remanded cases sent back by the higher courts recently.
August 25, 2009 at 12:22 a.m. ( permalink | suggest removal )