Repeat sex offenders could face stiffer penalties

HELENA – Legislation to make repeat sex offenders face harsher punishment is “long overdue,” supporters told legislators today.

“With these types of offenders it’s usually an escalating type of predatory behavior,” said Billings City Attorney Brent Brooks.

House Bill 102, sponsored by Rep. Cary Smith, R-Billings (pictured) would allow prosecutors to charge repeat offenders with felonies. Currently, offenders can only be charged with a misdemeanor despite prior assault convictions.

While sexual assault is different than rape, supporters of the bill said repeat offenders can be just as dangerous.

“These are real cases that occur and really limit us in this battle against those who truly are predatory sexual offenders,” Brooks said.

Brooks noted that state law allows for enhanced penalties for repeat offenders in cases of stalking, domestic violence, indecent exposure and even cruelty to animals. He said Montana sexual assault laws are an anomaly and should be included.

“I would hope that the Legislature could find value in defining sexual assault by a repeat convicted offender at least on par with, if not more serious, than cruelty to animals,” Brooks said.

Assistant Attorney General Brant Light said a district court judge could compel sexual offender treatment as well as investigations into an offender’s mental capacity.

The bill was also supported by the Missoula County Attorney’s office and support groups for assault victims. There were no opponents at the hearing.

-by CNS correspondent Molly Priddy