Just about to close on a house...and found out my next door neighbor is a sex offender.. (sex offenders, felony)

[beeboah]

Thanks all. Talked to a lawyer in my area who seems to think that I have nothing to worry about. I have prepaid legal, so I am not too worried.

I did take a look at my contract and it did say something about due diligence under the code, and I signed it about a month ago.

However, I am excercising this due diligence right now.

We'll see.

[cnak]

wow. I can understand the fear of your love ones being hurt. And at the same time I can only imagine what the other guy is going through. As a part of the neigborhood, i'm sure you feel obligated to let others know. I can only imagine living in an area where you are hated or feared because of your history. For both you it must be tough, but where does a person who has done something as bad go and start a new life. Is it over for them. Do they not deserve a second chance. Perhaps in your oppinion and in the mind of others, yes, but still understand to keep your distance. I am also a mother, and I can not imagine myself having to deal with that same situaion between moral and security. In the end however, like many of you I would have chosen the safty of my child rather than the feeling of another.

[beeboah]

Originally Posted by cnak

wow. I can understand the fear of your love ones being hurt. And at the same time I can only imagine what the other guy is going through. As a part of the neigborhood, i'm sure you feel obligated to let others know. I can only imagine living in an area where you are hated or feared because of your history. For both you it must be tough, but where does a person who has done something as bad go and start a new life. Is it over for them. Do they not deserve a second chance. Perhaps in your oppinion and in the mind of others, yes, but still understand to keep your distance. I am also a mother, and I can not imagine myself having to deal with that same situaion between moral and security. In the end however, like many of you I would have chosen the safty of my child rather than the feeling of another.

Put it this way. I got arrested over something stupid over 10 yrs ago. Yet, I may not be able to get a clearance in my field because of it. Think about it. I am no longer suitable to WORK with others in some cases, and that is just WORK. We are not even talking about LIVING somewhere. Some will give me a second chance to WORK with someone and I sure as heck wasn't convicted of 2 counts of rape like this guy was. In direct contrast, I was arrested for verbally confronting someone who my ex-wife who alleged sexually assulted her. (To add insult to injury, I now believe that her story was false).

So picture it now, two ends of the spectrum. I find out that this alleged rapist has raped someone in my family and I confront them.

I get arrested and a rapist walks free. As you can see, things like this can and do happen.

This guy was not only convicted of two counts of rape, but has been convicted of 3 additional felonies recently and charged with other additional crimes. Maybe this guy is incapable of recovery, or maybe his locality just doesn't care? It is not going to be my problem and I won't take the time to find out.

Think about it. You would consider feeling sorry for an alleged rapist because no one will live close to him, but most employers will not feel a drop of sorrow for me (even when I explain the circumstances if applicable) when it is time to get that job to feed my family by working those 8+ hours per day.

Take a second to think about it, I can easily be stopped from putting food on the table for my family. This guy may just have the worry that no one will move next to him. (Yes I know he probably has other worries).

You said that you would make a choice in favor of your family like I did.

I just thought that this post would make that hypothetical answer easier for you.

[Lisa_from_Debary]

I personally feel no sorrow for a registered sex offender...my sorrow is all taken up for his victims...

The psychiatric community is finally coming around to realizing these people are not healed, they are only contained...

Read up on Civil Commitment. Some states have laws that allow someone who is deemed to STILL be a threat after serving time in jail, to be held indefinetly...until they are deemed not a threat...the first test case in Florida was for a sexual predator.

Look up a picture of Jessica Lunsford and tell me you feel sorry for her killer, do you also feel sorry for his sister who knowingly sheltered this man, she knew had absconded from registration??

[5stones]

Here is the VA code and the list of ALL offenses that require one to be a REGISTERED sex offender. ....But did you know that having prematerial sex and co-habitation are sex offenses in VA?

1. WHO IS REQUIRED TO REGISTER?

The following offenders are required to register:
(1) every person convicted on or after July 1, 1997, including juveniles tried and convicted in circuit court, whether sentenced as adults or juveniles, of an offense for which registration is required;
(2) every person serving a prison sentence or under community supervision on July 1, 1997, for an offense for which registration is required; and
(3) any person who was convicted of a federal offense involving transportation for illegal sexual activity and related offenses, and who resides or is convicted in Virginia.
(Va. Code Ann. §§ 19.2-298.1(B)-(C))

2. WHAT DOES “OFFENSE FOR WHICH REGISTRATION IS REQUIRED” MEAN?

“Offense for which registration is required” means:
(1) a violation or attempted violation of:
(a) carnal knowledge of a minor between 13 and 15;
(b) carnal knowledge of a minor between 13 and 15 by a person in a supervisory relationship;
(c) entering a dwelling house with the intent to commit rape;
(d) possession of child pornography; or
(e) a third or subsequent conviction of sexual battery, or attempted sexual battery;
(2) when the victim is a minor, physically helpless, or mentally incapacitated, a violation or attempted violation of:
(a) abduction;
(b) abduction of any minor under 16 for the purposes of concubinage or prostitution;
(c) sexual battery; or
(d) crimes against nature (i.e., sodomy); or
(3) a sexually violent offense.
(Va. Code Ann. § 19.2-298.1(A))

3. WHAT DOES “SEXUALLY VIOLENT OFFENSE” MEAN?

“Sexually violent offense” means:
(1) abduction for an immoral purpose;
(2) rape;
(3) forcible sodomy;
(4) sexual penetration with an object;
(5) aggravated sexual battery;
(6) an attempt to commit:
(a) rape;
(b) forcible sodomy; or
(c) sexual penetration with an inanimate or animate object;
(7) taking indecent liberties with a minor;
(8) taking indecent liberties with a minor by a person in a custodial or supervisory relationship;
(9) carnal knowledge of a minor between 13 and 15;
(10) carnal knowledge of a minor between 13 and 15 by a person in a supervisory relationship;
(11) marital sexual assault;
(12) entering a dwelling house with the intent to commit rape; and
(13) one of the following offenses when the victim is a minor, physically helpless, or mentally incapacitated, and the offender has been previously convicted of two or more of the following offenses:
(a) abduction;
(b) abduction of any minor under 16 for the purposes of concubinage or prostitution;
(c) sexual battery;
(d) crimes against nature (i.e., sodomy);
(e) incest; and
(f) production, publication, sale, possession with the intent to distribute, financing, and other offenses relating to child pornography.
(Va. Code Ann. § 19.2-298.1(A))

[Nevermore1]

As far as I've always been aware a seller is not required to disclose this information (including whether or not someone has died in the house). If you look at the registries a lot of the people on it were cases of an older (18-20 about) boyfriend or girlfriend having sex with their younger girlfriend/boyfriend - it can even be a case of one of them turned 18 and the other is only 1 month younger - if the parents have an issue with it the older one is automatically labeled a "sex offender". I would strongly suggest you speak to a lawyer. Also, I have never heard of a "Megans law" disclosure. I just ought a house in NOVA and didn't sign anything like that. Next time look up offenders before you buy, of course their is nothing keeping them from buying a place near by after the fact. I usually check the registry every month or two just so I know who is in the area. There are so many "offenders" out there now you'll have a hard time finding someplace with none - look and see what the offense was then decide.

[5stones]

I too am curious on how a person can buying a house can ask for "disclosuer" on a neighbor? You are signing a contract on house, That structure and the property with it. I also recently bought in VA and didn't sign any "Megans Law" disclosure. Maybe the seller had NO IDEA about the neighbor? no your going to sue because you went into the contract before you did a sex offender search. To me that's lack of dilligence on your part not the seller.

One house we looked at WE LOVED and noticed the neighbor next door had a big fence...but never ssaw dogs.... until we just drove by one evening before putting a contract on because I wanted to see where the setting sun hit the house. WELL.... you could hear the barking a mile away 3 Big dogs barking. Found out that the seller PAID the neighbor to keep the dogs inside whenever someone was scheduled to look at the house!! so if we had bought, and found out after the fact...to bad on our part. etc...

ON the death thing... It ONLY has to be disclosed IF you ask the realtor/owner about it. If you don't ask then they don't have to tell you. (in VA) in PA you have a 6 PAGE sellers disclosure you MUST fill out when you sell your house. Everything from dampness, age of roof, service of HVAC to yard draingage MUST be filled out. Va has one piece of paper saying you know of nothing wrong with the house.

---sorry I rambled on long enough!!

[DavidS827]

The "Megan's Law Disclosure" should be a part of any sales contract you sign. It is form number NVAR-K1272 and states "Purchaser(s)/Tenant(s) should exercise whatever due diligence they deem necessary with respect to information on any sexual offenders registered under Chapter 23 (19.2 - 387 et.seq.) of Title 19.2. Such information may be obtained by contacting your local police department or the Department of State Police, Central Criminal Records Exchange, at 804-674-2000 or http://sex-offender.vsp.virginia.gov/sor/."

[5stones]

Thanks... never heard of it. (the disclosure...not Megans law!!)

Ok, but if you sign that you are saying "ok I checked, and I'm ok with the sale" right? If you have a problem you don't sign it and cancel the contract. And are not held in breach of contract, get your hand mney back etc...

(sorry don't want to be ignorant... I am just intersetd since we will be moving in a few months...)

[DavidS827]

Generally speaking, your realtor should tell you to check the offender sites before you put in an offer on a home. Then when you write it, this document is a part of that contract. So basically if you find a problem, you just don't ever get to the point where you would be writing a contract.

Really what the disclosure says is that if you sign this document you wont sue b/c there is a sex offender next door that I couldn't tell you about.