Evening star. [volume] (Washington, D.C.) 1854-1972, 1947-08-24
Toward q Better Law

The announcement by United States
Attorney Fay of the meeting which he has
scheduled for Tuesday to discuss the prep
aration of a new statute covering sex Of
tenders marks a definite step forward in
the direction of providing Washington
with law which gives Some real protec-
ton in this field.
Among those scheduled to attend the
meeting with Mr.. Fay are DR.. Winifred
Overholser superintendent of st. Eliza
beths Hospital; Captain Rhoda Milliken,
head of the Woman's Bureau and Lieuten-
ant William T. Murphy of the Police
Juvenile Bureau.
These officials are thoroughly acquainted
with the problem and are competent to
speak for the points of view which should
be taken into consideration in drafting a
proposed new law.
The present law, which is hopelessly in
adequate, treats sex offenders as minor
nuisances wholly overlooking their poten-
italy dangerous characteristics. Upon
being arrested, these degenerateS, under
the current practice, are taken to court,
fined or given short Jail sentences and
then turned loose On the public. The pro-
visions of the law are such that it is diff
cult for the police to make arrests. There
is no provision for any kind of treatment
for these offenders. And the punishment
provided is so relatively inconsequential
that it fails to serve as deterrent. The
result is that most of these offenders turn
out to be repeaters. That is, they are ar
rested time after time for the same or a
similar offense, and they tend to 60 from
bad to worse.
AS tentatively outlined, the proposed new
statute adopts wholly different approach,
Recognizing that many sex killers start
out as minor offenders, it is proposed to
seek change in the law which would per-
NIT imposition of indeterminate sentences
on these people. Instead of sending them
to Jail for three months or six months, the
courts would Be empowered to commit per-
sons convicted of sex offense for an in
determinate period. Provision would be
made during that period for such medical
or psychiatric treatment as seems indi-
Gated. And If feasible to do so, it may be
hoped that the new statute will authorize
the permanent confinement of those Of
1Slluclo VIII Will IlOt dCCCpG CICdOAIlCuG VI
who cannot be cured.
Mr.. Fay has devoted considerable time
to studying the laws of the States which
seem to have made the best provision for
handling cases of this type. AS result,
he has come to the conclusion that in any
new law for the District two things are
basic. First. there must be effective pro-
vision for placing dangerous characters in
confinement. And, second. after being
taken into custody, there must be proper
facilities for treating them.
This community has been slow in coming
to realize that these degenerates are men,
tally unbalanced and dangerous They are
not insane within the present legal def
milton, but they are nevertheless menace
to the public. With this fact in mind, and
remembering that it is the function of the
law to protect the public, it should be pos
sible to draft statute which would receive
congressional approval and survive any
challenge in the courts. AS they work
toward this end, Mr.. Fay and his associates
should have the best wishes and the full
support of all the people of Washington.