Minnesota Teacher-Student Sexual Relationships

Dakota Co. Attorney James C. Backstrom

 

”Quite frankly, it should be a crime,” said County Attorney Backstrom.  He pushed to change the law after a similar case nearly a decade ago.

In light of the new cases, he says he will once again encourage lawmakers to make teacher-student sexual relationships illegal, regardless of the student’s age.

“I’ll raise this issue again with legislators here in Dakota County and hopefully get the bill introduced again next session, Backstrom said. “I think it’s worth another try.”

KARE 11 Investigates: Teacher-student sex not always illegal in Minnesota

Lou Raguse, KARE 10:22 PM. CDT October 04, 2017

BURNSVILLE, Minn. – A county prosecutor is calling for a change in Minnesota law – to make it illegal for teachers to have sexual contact with high school students, regardless of their age.

Currently, it’s not a crime in Minnesota for a teacher to have sexual relations with a student who is at least 18 years old.

And recent cases reviewed in a KARE 11 investigation, raise questions about how Minnesota holds teachers accountable if they do have sex with their students.

In some cases, KARE 11 learned state education officials won’t even investigate.

“It just eats at you, because you put this trust in these people to protect them,” said the mother of one student.

Continue Reading: http://www.kare11.com/news/kare-11-investigates-teacher-student-sex-not-always-illegal-in-minnesota/480903753


Image courtesy of Stuart Miles at FreeDigitalPhotos.net

Media promotes stories that create societal outrage and the solution is always more legislation and initiatives, tougher laws, more law enforcement, more training, etc. None of these solutions make a meaningful difference in preventing sex offenses and really just appease our need to feel that we are protecting children and that our legislature is addressing the issue.

State laws regarding “consensual sex” (referred to generally as statutory rape laws) prohibit adult-child relationships but define childhood differently, depending upon the state.

What is the Minnesota Age of Consent?

The Minnesota Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Minnesota are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Minnesota statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16, although it is raised to 18 when the offender is an authority figure. If the younger party is 13-15, their partners must be no more then 2 years older, and children under 13 may only consent to those less than 36 months older.

Age of consent laws are tied into other statues such as those of rape and sexually assaulting and raping somebody is already a crime.

A very wise saying. Those who expect a new law to magically make all that nasty bad behavior disappear fool themselves. You can change said behavior by several means, but making laws is not one of them.

“There is no simple fix to the devastating problem of sex abuse. Instead of politically popular measures that make no difference we need to turn our attention and resources to ways of addressing the epidemic of sex abuse that, while perhaps not as politically popular, will actually work so that more potential victims can be spared.” Deborah Jacobs, Executive Director of the American Civil Liberties Union of New Jersey.

Advertisements

Continued Lawlessness

Learn More:
“Dangerous State of Justice” Executive Summary
Minnesota’s Decriminalization of Child Sexual Exploitation
Examples in the News Now
To read or download full report, click on cover image
Check back for new links and information

NEWS RELEASE

Tuesday November 29, 2016
New Report Examines Minnesota’s “Dangerous State of Justice”
Most Child Predators Get Probation, Child Pornography Decriminalized

(MINNESOTA) Minnesota courts are granting probation for most sexual assaults on children and have virtually decriminalized trafficking in child pornography, according to a report just released by the National Association to Protect Children (PROTECT).

PROTECT’s 45-page report, “Dangerous State of Justice,” found that 65% of all offenders convicted of felony sexual assault against children (Criminal Sexual Conduct 1-4) never see a day in prison. In those crimes, 90% of victims are girls and 40% are under age 13.

“When a Stanford student got probation for raping a woman earlier this year, the nation erupted in outrage,” said J. Christian, CEO of PROTECT. “Yet, behind these Minnesota numbers are hundreds of similar cases, where judges gave rapists probation for attacks on children.”

The report also examines the Minnesota Incest Loophole, which allows judges to grant probation instead of prison for the most serious sexual assaults against children if the court deems it to be in the best interest of “the family unit.”

Perhaps the most shocking finding, says PROTECT, is that Minnesota’s sentencing guidelines have decriminalized trafficking of video and photographs of children being raped, tortured and sexually displayed. A review of 909 cases from 2001-2014 found that 90% of those convicted of possession and distribution of child abuse imagery (child pornography) were given probation.

“Dangerous State of Justice” lists sentencing patterns of specific Minnesota judges, details the state’s outrageous sentencing guidelines, and discusses problems with how child protective services responds to public reports of child maltreatment. It also makes 19 specific recommendations for legislative action.

“These judges haven’t gone rogue,” said Grier Weeks of PROTECT, one of the report’s authors. “Tolerance for sexual violence is deeply embedded in the Minnesota justice system. But it is deeply hypocritical to decry sexual violence and exploitation then treat it like a trivial crime.”

PROTECT is urging Minnesotans to ask their state representatives and senators to read the report and take action.

# # # # # # # # # # # # # # # # # # # # # # # #

Below are the two judges that have been involved in my case no. 19HA-CR-15-4227.  

What’s interesting is that I have received a probation violation for discussing my own case on social media ( a major free speech violation). My hearing is scheduled for September 28th, 2017. The recommendation is that the stay of execution be vacated and I would serve the remainder of my sentence, (4 more months in jail). As you’ll see in the documents below, Judge Knutson and Judge Asphaug gave a higher percentage of probation vs. prison time to criminal sexual assailants of children.

So, the bottom line is that you will get more time for protecting children than abusing them.

Give these Judges a call and ask them for an explanation of their sentencing decisions and if it’s normal procedure to give a harsher sentence to those that protect children vs. assaulting children.

Judge Karen Asphaug
Judge Karen Asphaug                                                    

Assistant Chief Judge David L. Knutson

Assistant Chief Judge David L. Knutson

 

 

Deceptive Dakota County

Image result for mn judicial branch

Continue Reading: https://www.scribd.com/document/353993982/Reply-Brief-Evavold

Respondent’s Brief (Dakota Co.)

Original Appeal 2017


Related Articles:

We’re Not Crazy…The Systems Are!

Corrupt Officials and Crooked Media

Erasing Parents

MN Mom Denied Parental Rights Regarding Transgender Son

A district court judge dismissed the case but affirmed that the teenager was never emancipated.

MINNEAPOLIS – A Minnesota mother who was denied parental rights over her male to female transgender son’s medical and education decisions has lost her court case at the district level.

Anmarie Calgaro filed suit against her son, St. Louis County, Fairview Health Services, Park Nicollet Health Services, and the St. Louis County School District. She claimed that her Fourteenth Amendment due process rights were violated by the above organizations as they determined her son, referred to as E.J.K. in court documents, was emancipated, and withheld E.J.K.’s records from her.

U.S. District Court Judge Paul Magnuson took issue with that wording, saying that the organizations did not determine E.J.K. to be emancipated, as only a court order can do that. While Magnuson stated numerous times in his decision that E.J.K. was in fact not emancipated and that “Calgaro’s parental rights over E.J.K. remain intact.”

“The judge here makes some very strange and contradictory statements,” Julie Quist, Chairman of the Board of the Child Protection League told Alpha News. “On the one hand he says that EJK is not emancipates because there’s been no court action. He specifically says that the mother’s parental rights ‘remain intact’ and so therefore the defendants did not terminate her parental rights.”

However, Magnuson also ruled that Calgaro’s claims against the defendants were meritless, as she did not allege a specific execution of a policy by the School Board or County caused the deprivation of Calgaro’s parental rights. With regards to Fairview and Park Nicollet, Magnuson stated that because they are private entities and they did not act in collusion with the state, they cannot be held accountable.

“It’s a bizarre statement,” Quist said. “Obviously she is not being acquitted her parental rights, but somehow nobody has violated anything.”

“We’re going to appeal. Our principle concern is the law in this area is confused,” Erick Kaardal, Calgaro’s attorney, told Alpha News. “That the state of Minnesota hasn’t addressed emancipation procedures in a way that protects parental rights is unfortunate. As a consequence the court has to step up and tell us what the law is.”

Kaardal said that the court failed to do so in this decision.

E.J.K. was under the sole custody of Calgaro, but had been living outside of Calgaro’s house for some time, first with his biological father, then with family and friends, and currently by himself.

In June 2015 E.J.K.  in court documents, consulted with a lawyer with Mid-Minnesota Legal Aid who provided him with a letter concluding E.J.K. was legally emancipated under Minnesota law.

“Its really sad because parental rights are really important,” Kaardal said. “In other issues like paternity, marriage dissolution, they get notice and opportunity to respond.”

Calgaro never had a chance to respond. As her son began gender transition services at Fairview and Park Nicollet she was not notified of any procedures, and her request to view her son’s medical records was denied. Similarly, as E.J.K. began to explore post-secondary education options, Calgaro’s request to view educational records was turned down by the St. Louis County School District.

“My client has always taken the position that she wants a say, she’s not necessarily opposed to the transgendering medical services but she wants a say,” Kaardal said of Calgaro.

“This is not an issue primarily about transgenderism at all. This ruling is about the rights of parents to protect and guide their children,” Quist said. “Parents are a protection. When the state gets in and destroys that protection it leaves children at the mercy of people who can and will manipulate them.”

E.J.K. turns 18 in a few months, which would render the actionable part of the case moot. Kaardal said that his client still plans to appeal, citing Roe vs. Wade as an example of the capable-of-repetition doctrine. The woman in the Roe case had already given birth to her child, but the court case was allowed as future situations of similar legal principles were likely to occur for other women. Kaardal thinks this case could be used to decide parental rights in future cases.


The State Really Does Own Your Children

Watch Lawmakers Claim The State Owns Your Children

By Annabelle Bamforth

Legislators in Texas have been working toward passing a host of laws to reform the state’s Child Protective Services agency. New legislation has been crafted to improve the agency which has seen multiple dilemmas resulting in detrimental safety problems for children in the state. There have been several bills introduced this year aimed at improving the agency. One bill, in particular, House Bill 39, seeks in part to require medical exams to be performed more quickly on children who have been newly placed into the foster care system.

HB 39, introduced by Rep. Gene Wu (D-Houston), would mandate that the state’s Department of Family Protective Services schedule a medical examination for children who have been in temporary state custody for longer than three business days. Children in rural locations would be required to receive a medical exam within seven business days.

While the bill was originally centered around hastening medical exams for new foster children, questions arose regarding whether vaccines would be included as part of these medical exams. Rep. Bill Zedler (R-Arlington), the vice chairman of the Texas Freedom Caucus, introduced an amendment to HB 39 to make vaccinations exempt from the required medical treatments. The bill saw a turbulent debate upon Zedler’s amendment as the discussion turned to childhood vaccines and who should be responsible for crucial medical decisions when custody is obscured.

“You get that child back five, eight, 10 days later, and they’ve now had that surgery or they’ve had these vaccinations,” Zedler said according to Dallas Morning News. “That’s an issue of liberty.”

Wu was vocal about his belief that the law allows the state to assume authority in such situations. “Let me make very clear: the moment a child is removed from their home – the moment the child is removed – by law, the child is now a child of the state of Texas,” said Wu. “We have the responsibility to make sure that child is safe and is given proper medical care. That is the law.”

“When we put into the law that we are limiting the ability of our agency that is tasked with taking care of a child that is in their custody and they are legally responsible for, we are setting a dangerous precedent,” Wu continued. “This is the same thing I told you when we argued over my bills and this is the same thing I will tell you again when we argue over this bill.”

Rep. Jonathan Stickland (R-Bedford) questioned Wu’s choice of wording: “Mr. Wu, you used the word ‘belongs to the state of Texas.’ Do you want to rethink that wording?” he asked. Stickland then interrupted Wu’s response and went on to ask “True or false: that CPS has taken children and found that they were wrong in doing so? And returned the child? Has that happened, Representative Wu?”  Wu acknowledged that it has occurred “on rare occasions.”

Stickland challenged not only Wu but also Rep. Sarah Davis (R-West University Place), who sought to add an additional amendment in response to the amendment of Zedler’s, which would allow “cancer-preventing” vaccines to be administered, particularly the HPV vaccine.

Davis noted statistics related to cervical cancer deaths and low HPV vaccination rates in Texas and said that “the HPV vaccine will eliminate cervical cancer.” Stickland asked Davis if she believed that parents had the right to choose medical procedures for their children. Davis responded that she believed “children that have been taken from their parents and are in protective custody undergoing a medical examination should be given a vaccine that prevents them from developing cancer.”

You can’t handle the truth about vaccines (Ad)

Stickland asked Davis if she understood that they were discussing the issue of children in temporary custody with no parental rights terminated during the medical exams. “Agreed, but cancer is not temporary,” Davis answered.

Stickland repeated his question of whether she thinks parents have the right to choose medical procedures for their children, and Davis said that “we have to find a balance because there is absolutely in my opinion zero science behind the fact that any vaccines are systematically harming children.”

Rep. Jeff Leach (R-Plano) also challenged Davis’ amendment and said that it appeared that her amendment would transfer decision-making authority from families to a physician. Leach asked Davis if her amendment “goes against the wishes” of a child or the parents.

Leach added that he was not interested in deciding which vaccines are “good or bad” or who needs to be vaccinated, but was focusing on the question of who would have the authority to make vaccination decisions under her amendment. “Who at the core at the very basic level, who should make this decision?” Leach asked Davis.

Davis’s amendment was tabled in a 74-64 vote; Zedler’s amendment to prohibit vaccines during medical exams was passed in a 74-58 vote, with another amendment attached by Wu to allow for tetanus shots to be administered in emergencies.

Zedler later said to The Texas Tribune that the majority of parents that he’s communicated with are not overall opposed to vaccines but are troubled by the scheduling. He also said that  “the only one that might possibly be [an emergency] is a tetanus shot.”

In the video below, Wu makes the ominous claim that parents — who’ve not been found guilty of any wrongdoing — no longer have care over their children and that those children now belong to the state. When the state begins to claim they own our children, something is very wrong.


New Hampshire-based writer Annabelle Bamforth is focused on breaking the left/right paradigm through new media and local politics. Annabelle is the editor-in-chief of Emmy-winning journalist Ben Swann’s Truth In Media Project and a producer for Mr. Swann’s Truth In Media episodes. This article first appeared here at The Free Thought Project.

Legally Kidnapped

On CPS And Other Examples Of Totalitarian Government Monopoliescps kidnapping insane media

By Scott Lazarowitz

There is a reason for concern about the rise in totalitarianism in Amerika. The government-monopolized judicial system is a banana republic-like system.

The lawlessness and criminality within the system is rampant. Not just with the judicial system but now it seems that everything associated with government, from medical care to the local zoning board, operates as a racket, and many of those who are a part of the system seem to view the civilian population as the “enemy,” or as toys to play with, or as insects to step on.

This recent post by Martin Armstrong describes his own experiences with the judicial system and his time in jail. Armstrong links to this article on Zero Hedge regarding power-hungry judges who criminally overstep their authority. Armstrong concludes:

I have no compassion for anyone who works in the Justice Department and would never hire a lawyer who ever worked for the government. There is nothing these people will not do to win. You have zero rights and they will kill you and go celebrate at dinner afterwards. You cannot possibly image the type of people who gravitate to these positions. I believe they are the kids who tortures cats and dogs for fun.

And as I mentioned recently, there are the corrupt prosecutors with their prosecution quotas, and all the innocents whose lives have been ruined or ended by the vicious agents of the State.

So yes, there are many criminals and degenerates who are judges and lawyers or otherwise law bureaucrats who are power-hungry and would run over their own children to attain more power over others as well as enrich themselves with others’ fortunes.

And take “Child Protective Services.” (Please.) CPS bureaucrats are really part of the judicial system, as everything else seems to be. This article on Activist Post describes the ordeal that Jeffrey and Erica Henderson went through. The government police broke into their home without a warrant, beat up Jeffrey and charged him with “resisting.” Eventually their kids were taken from them, their possessions and finances stolen from them. All this based on an anonymous tip from a “neighbor” who wanted to accuse them of “endangerment.” In the article, a statement from Mrs. Henderson includes: “The officers searched our home, strip searched and interviewed our children and found no evidence of abuse. I was never arrested or ticketed.”

“Strip searched”? No evidence of abuse? Excuse me, just who here is endangering innocent children? The parents who happen to oppose vaccination and who homeschool their kids, or the government police who are strip searching innocent little children? (Incidentally, Bill Sardi has this article on the recent study on vaccinated kids vs. non-vaccinated kids. Very important information. But I digress.)

Mrs. Henderson also notes: “The prosecution alleged we were guilty of resisting an officer by not opening the door when the police said to, and child endangerment because of the psychological damage suffered by the children from watching the door being beat down.”

Of course, legally, if the government police don’t have a warrant (and to get a warrant there needs to be reasonable suspicion, probable cause), then they don’t enter the place without your consent, period. And the children’s “psychological damage” caused by watching marauding thugs break into their home? Well who the hell is responsible for THAT? Yes, the ones who criminally broke into innocent people’s home!

Now, I’ve been a law-abiding citizen my whole life. So, I expect our government police to obey the law, too, you know. There are rules they must follow. But really the one who should be arrested here is the damn neighbor for making an anonymous complaint. That neighbor should be charged with false accusation, harassment and endangerment. S/he started all this.

And then there was Tom Ball, who ended up self-immolating as a protest against the court system, CPS and the police, after a ten-year ordeal. In a nutshell, a mental health counselor told his wife that if the wife didn’t call the police on him, the counselor would have them both arrested. (That would mean more CPS child-kidnapping.) His conclusion later on was that the wife called the police on him to protect the kids not from him but from CPS.

That way of protecting the kids from CPS is substantiated by Mr. Henderson, mentioned above, who agreed to divorce Mrs. Henderson in order to save the kids from being taken away from them by CPS.

So the system here is really anti-father, anti-husband, anti-male. (My conclusion is that many who work for CPS are not married and don’t have children themselves. What do you think? Am I all wet on that?)

CPS also makes a lot of money every time its agents kidnap an innocent child.

And then there was the case of the late Georgia state Sen. Nancy Schaefer, who was investigating CPS kidnappings of innocent children and a possible linkage to child sex-trafficking. With government agencies, especially those dealing with the more vulnerable of society, for some reason such an institution seems to attract the sexual deviancy of degenerates. The State is a cult, in my view.

Sen. Schaefer ultimately was killed in an alleged “murder-suicide” along with her husband, killings that were very suspicious and could cause people to conclude that she was “suicided.”

But the corruption and abuse isn’t just with the judicial system, it is very much with government itself, and the cronies who associate with them.

For example, more recently, according to Erin Elizabeth, there have been several suspicious deaths/murders of doctors associated with holistic medicine/alternative treatments for disease and cancer (other than the Big Pharma poison that most people get). I am not accusing anyone involved with Big Pharma of actually killing innocent people in order to suppress information about nutritional alternatives for treating disease or cancer. But, given all the tax-funded handouts and the FDA-Big Pharma revolving door, it wouldn’t surprise me, that’s what I meant to say.

And I have frequently mentioned the plight of teenager Justina Pelletier. Now almost 19, while in her mid-teens she was being treated for mitochondrial disease, but when her regular doctor was away she was seen, or scheduled to be seen by a different doctor. But there she was seen by psychiatrists instead, who dismissed her treatment as being unnecessary and that her disease was really “somatoform disorder,” i.e. it was “all in her head.” From that point onward, the “doctors” i.e. quacks changed her medical treatment and attempted to force her into a program of “behavior modification,” while at the same time had DCF seize custody of Justina away from her parents, and had her placed in this prison-like facility. Besides criminally kidnapping Justina, the “doctors” and their aiders and abettors put her into worse health, she then had to use a wheelchair, and now the Pelletiers are suing the hospital and doctors for doing these things to her. And good for the Pelletiers. Actually, I believe the “doctors” should be charged criminally with kidnapping, endangerment, child abuse, assault and battery, and human enslavement, as well as sued financially.

Those “doctors” might have been using Justina as a guinea pig in their psychological studies as well as being part of getting government grants for research. So these dishonest practitioners, too, are inter-connected with the State. When the State gets involved with medical care, it turns the doctors into government doctors. Governments use and abuse people for the government agents’ own purposes, for political or social power, financial enrichment, and/or for the sake of furthering their brainwashed ideologies. In this case with the Pelletiers, the “doctors” brainwashed ideology is “behavior modification,” in which they attempt to fit the medical patient into such an ideology like forcing a square peg into a round hole.

For more information, Natural News lists some medical kidnapping cases, and there’s a website devoted to such criminality. In many cases, Establishment practitioners consider a parent’s disagreement with doctors’ diagnosis or course of treatment as “abuse” of the child. In some cases, doctors are just plain wrong in their course of treatment of patients, but such doctors are too ignorant to know that or too arrogant to acknowledge it.

Besides the aforementioned Tom Ball who self-immolated after a ten-year ordeal with CPS, one other victim of the bureaucratic gestapo was Andrew Wordes. This case didn’t involve children or CPS. Wordes was a resident of Roswell, Georgia who kept chickens on his back yard and gave away eggs, according to this article by Jeff Tucker. However, the local zoning fascist bureaucrats didn’t like the chickens so they tried to get Wordes to remove the chickens even though he was not violating any ordinance. He actually won in court, but later the fascists got the city council to rewrite the law for the purpose of further harassing Wordes. So the town’s bureaucrats went after this guy for no good reason, except to exert power and control over him. Eventually, after a long battle inflicted on him by hardcore Nazi-wannabes that he felt he could not win, he blew up his house and himself with it.

To conclude, government is different from other institutions. Government is a monopoly. It is a forced, compulsory monopoly over the people. Government therefore attracts the worst of the worst (with few exceptions) who become addicted to the power over others that governmental monopolistic authority gives those people, and that gives the people associated with it or who benefit from such power grabs.

Scott Lazarowitz is a libertarian writer and commentator. Please visit his blog.