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  • Writer's pictureRalph Goodwin

US AG : Federal - State Sex Law

Updated: Mar 10


Published By : Goodwin-RC : CEO +1News Central

MAR 1ST, 2024

RESPECTFULLY ADDRESSED TO

NEW YORK AG OFFICE & E JEAN CARROLL LEGAL COUNSEL

IN THE MATTER OF E JEAN CARROLL vs DONALD J TRUMP AGGRESSIVE SEXUAL ASSAULT CONVICTION IN MULTU-MILLION DOLLAR AWARD TERMS

THE QUESTION : IS DONALD J TRUMP REQUIRED TO BE REGISTERED @ NY SEX OFFENDER'S REGISTRY ? ... EVIDENTLY, YES : ... PERHAPS :

"In New York, even if a civil case jury decides that a person has committed aggravated sexual assault and awards a multi-million-dollar award to the victim, the party is not necessarily judged guilty in criminal court. However, when it comes to sex offender registration, the situation is different : Does A Conviction And Award In A Federal Court Have Impact To Comply With New York State Law Requiring Sex Offenders To Register?

Here’s how it works:

  1. Criminal Court vs. Civil Court:

  • Criminal court deals with criminal offenses and determines guilt or innocence beyond a reasonable doubt. A conviction in criminal court can lead to penalties such as imprisonment.

  • Civil court, on the other hand, handles disputes between parties (e.g., personal injury cases, property disputes, etc.). It does not determine guilt or innocence in the same way as criminal court.

  1. Sex Offender Registration:

  • Civil cases can still impact a person’s requirement to register as a sex offender. Even if a defendant is acquitted (found not guilty) in criminal court, they may still be required to register based on accusations.

  • New York’s Sex Offender Registration Act (SORA) assigns risk levels to offenders. The judge considers evidence and assigns a risk level (e.g., level one or level two) based on “clear and convincing evidence.”

  • In some cases, a defendant may be assigned to risk level two (lifetime registration) even if they were not convicted of the specific felony charges. This decision is based on the judge’s assessment.

  1. Example Case:

  • In a case where a defendant was found guilty of second-degree sexual abuse (a misdemeanor) but acquitted of more serious felonies (such as rape), the judge still assigned the defendant to risk level two under SORA.

  • Had the judge considered only the crime of which the defendant was convicted, they would have been assigned to risk level one (registration for 20 years).

  1. Unjust and Illogical Results:

  • This approach has been criticized for its potential to lead to unjust outcomes. Accusations that a jury rejected can still impact a person’s life, even without a criminal conviction.

In summary, while civil court decisions do not necessarily equate to criminal guilt, they can still affect sex offender registration requirements in New York123."

BACKGROUNDER

"The E. Jean Carroll v. Donald J. Trump case was decided in the United States District Court for the Southern District of New York1. This legal battle involved two related lawsuits by author E. Jean Carroll against Donald Trump, the 45th president of the United States. Let me provide some context:

  1. Carroll I: In November 2019, E. Jean Carroll sued Trump for defamation after he denied her accusation that he sexually assaulted her in late 1995 or early 1996. The court awarded her $5 million in damages2.

  1. Carroll II: In November 2022, Carroll filed a second suit (Carroll II) against Trump, renewing her defamation claim and adding a claim of battery under the Adult Survivors Act. This suit went to trial in April 2023. The evidence included testimony from friends Carroll spoke to after the incident, a photograph of Carroll with Trump in 1987, testimony from two women who had separately accused Trump of sexual assault, footage from the Trump Access Hollywood tape, and his October 2022 deposition. The verdict in May 2023 found Trump liable for sexually abusing and defaming Carroll, and he was ordered to pay $83.3 million in damages1.

In summary, the case was heard in the United States District Court for the Southern District of New York, and it resulted in significant financial consequences for Trump due to the jury’s findings12."

US AG FOR USDC - SDNY

"The United States Attorney responsible for overseeing legal matters in the Southern District of New York (SDNY) is Damian Williams. Appointed in August 2021 and confirmed by the United States Senate in October 2021, Mr. Williams serves as the chief federal law enforcement officer for this district12. The SDNY encompasses the boroughs of Manhattan and the Bronx in New York City, along with Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties. Here are some key aspects of the SDNY:

  • Criminal Prosecutions: The SDNY prosecutes cases related to violations of federal laws and represents the interests of the United States government and its agencies in both criminal and civil matters.

  • Broad Scope: The office investigates and prosecutes a wide range of criminal conduct, even when it arises in distant places. It is at the forefront of various areas of criminal law enforcement, including terrorism, white-collar crime, cybercrime, mortgage fraud, public corruption, gang violence, organized crime, international narcotics trafficking, and civil rights violations.

  • Complex Civil Cases: The SDNY also litigates complex and significant civil cases, covering areas such as environmental law, health care, immigration, bankruptcy, and cases involving classified information.

Throughout its history, the SDNY has been a distinguished legal institution, successfully handling groundbreaking and historic cases. Notably, many individuals who have served in this office have gone on to hold prominent positions in government, including senators, congressmen, mayors, governors, and federal judges3" : By Email:

CONTACT US AG DAMIAN WILLIAMS OFFICE : Damian Williams is the United States Attorney for the Southern District of New York (SDNY). Appointed by President Biden in August 2021 and confirmed by the United States Senate in October 2021, Mr. Williams serves as the chief federal law enforcement officer for the district, which encompasses the boroughs of Manhattan and the Bronx in New York City, along with Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester counties1.

As the United States Attorney, Mr. Williams supervises the investigation and prosecution of all federal crimes and the litigation of all civil matters in which the United States has an interest. He leads a team of approximately 450 lawyers, special agents, paralegals, and other support professionals. Additionally, Mr. Williams chairs the Attorney General’s Advisory Committee (AGAC), a select group of United States Attorneys who provide advice to the Attorney General on policy, procedure, and management1.

If you need to contact the Southern District of New York or Mr. Damian Williams, you can reach out via the following channels:

  1. Email Contacts:

His educational background includes an A.B. in Economics from Harvard University, an M.Phil. in International Relations from the University of Cambridge, and a J.D. from Yale Law School. He also clerked for Judge Merrick B. Garland of the United States Court of Appeals for the D.C. Circuit and Justice John Paul Stevens of the United States Supreme Court1.

NEW YORK DCJS - OVERSEES THE STATE'S SEX OFFENDER REGISTRY

Here are some key points about the New York State Sex Offender Registry:

  1. Risk Levels: The registry classifies sex offenders into three risk levels:

  • Level 1: Low risk of re-offense.

  • Level 2: Medium risk of re-offense.

  • Level 3: High risk of re-offense.

  1. Information Availability: The type of information available to the public depends on an individual’s risk level, which is determined by a judge after a court hearing. It includes details such as residence addresses, current and prior crimes of conviction requiring registration, photographs (if available), vehicle information, and conditions of parole or probation supervision.

  2. Online Directory: DCJS maintains an online directory of individuals determined to have a Level 2 or 3 risk of re-offense. You can search this directory and receive relocation alerts for Level 2 or Level 3 offenders.

  3. Toll-Free Telephone Number: For Level 1 offenders (low risk) or those whose risk level has not yet been set by a judge, there is a toll-free telephone number (800-262-3257) to inquire about their registration status. Information available for these individuals is limited to zip codes, and they are not required to report employment addresses.

  4. Operating Hours: Registry staff are available from 8 a.m. to 4 p.m. Monday through Friday, excluding legal holidays.

  • Phone: 518-417-3384

  • Registry Search Requests: 518-457-5837 or 800-262-3257

  • Mailing Address: New York State Division of Criminal Justice Services, Sex Offender Registry, 10th Floor, 80 South Swan St., Albany, N.Y. 12210

Published By : Goodwin-RC : CEO +1News Central

MAR 1ST, 2024

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