Updated: Friday, 13 Nov 2009, 9:45 PM EST
Published : Friday, 13 Nov 2009, 5:51 PM EST
FORT WAYNE, Ind. (WANE) - One convicted sex offender is jumping at his chance to be taken
off the local sex offender registry.
A landmark decision at the
Indiana Supreme
Court could allow
more
than a third of Allen County's sex offenders to get off the
list. In the case against a man named
Richard
P. Wallace , the high court
ruled it was unconstitutional to apply a new law to an old crime.
Since then, the
Indiana Department
of Corrections has advised offenders to seek legal counsel, if
they think the Wallace case applies to their own.
Joseph Rouse, a convicted sex offender on Allen County's Sex Offender Registry pleaded guilty to one count of Child Molesting for an incident that took place in early 1994.
Rouse says he did so out of fear of losing his case. He completed his jail time, but says having to register as a sex offender has continued his punishment. Furthermore, Rouse says it has punished his family. That's why it's so important know for him to be taken off the registry.
"For my wife, and for my children, I want them to be able to walk around without anybody saying anything about me derogatory towards them," said Rouse.
Rouse filed a motion with Allen County Judge John Surbeck. Surbeck forwards motions like Rouse's on to the county prosecutor. If the prosecutor agrees with the motion, an order will be sent to the Indiana Department of Corrections. That's the administrative body that runs the sex offender registry state wide. Only officials there can remove an offender from the registry. The process can take anywhere from 90 days to 6 months and it's possible that in the end the offender won't be taken off the registry.
"We don't necessarily have a quick answer to every situation, anymore than we have a quick answer to every situation that arises in a courtroom," said Surbeck.
For Joseph Rouse's family, the slow gears of justice are frustrating. However, they say it's very much worth the wait for a chance to start again with a clean slate.
"I hope any of the gentlemen out there that benefit from this do
not ever hurt anyone again," said Rouse.
The Rouse's first looked for legal representation to file a
motion, finding it costs anywhere from $700 $2500. Then they found
they could file it themselves, and have done so for the cost of
parking downtown and a couple of copies.
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