San Angelo Prosecutor Appointed to Elite State Juvenile Sex Offender Task Force

“If two 13-year-olds agree to have sex—whether we, under the law authorize them to give consent or not—if they agree to have sex and then have sex, should they be registered as sex offenders for life?”

The question, posed by 51^st District Attorney Allison Palmer, is just one prime example of the difficulties state law enforcement officials face in cases involving juvenile sex offenders as opposed to their adult counterparts.

Prior sexual assault as a victim, childhood abuse and neglect are other influencing facets on juvenile behavior, behavior that Palmer believes can be corrected in the handling of juvenile prosecution.

As a former Tom Green County juvenile prosecutor and the current DA handling the 11-16-year-old docket for Coke, Sterling, Schleicher and Irion counties, Palmer said she’s always been drawn to the unique cases due to the impact effective prosecution can have on the offender and the community as a whole.

“I’ve always felt keenly interested in juvenile prosecution because I think if you can get things right there, you can prevent a lot of problems down the road,” she said. “Juvenile prosecution has always been very important to me, and I’ve always felt a very near and dear attachment to it. You try to make a change right there. If you can intervene right then, you can make all kinds of impact down the road.”

Palmer’s affection and efforts have been noticed: Following the passage of a bill in the Texas Senate this year, Governor Greg Abbott appointed the 51^st DA to a unique task force, formed to improve the outcomes for juveniles adjudicated of sexual offenses.

The group is the first of its kind in the state and is comprised of one rural and one urban prosecutor, public defender and law enforcement officer, plus representatives from various child advocacy agencies and correctional departments.

“I think it’s always good when West Texas is represented on those state boards so that our experiences and our needs are represented,” Palmer said. “I’m just really excited to be a part of it. I think it’s going to be really good.”

The task force, which is scheduled to meet between now and Dec. 1, has been provided a thorough outline for research and analysis that spans the spectrum of stages in juvenile sex offender cases statewide. Some of those stages include a review of adjudication processes; a review of the effectiveness of juvenile sex offender registration requirements on reducing recidivism rates; measuring the impact of sex offender registration on the defendant’s family; and gauging the impact of registration on the juvenile in accessing education, employment and housing.

“I think it has been recognized for a period of time that there is a distinction to be drawn between juveniles accused of crimes against other children versus adult crimes against children,” Palmer said. “In the disposition phase with a juvenile, you’re not just looking at protection of the community and safety of the community, you’re supposed to also be looking at the best interest of the child offender. That is not what we look at in adult cases. An adult, in the punishment phase, it’s like, ‘ok, what do we need to do to keep us (the community) safe.’”

Palmer also noted that some child sex offenders have been victims of sexual or physical abuse or neglect, while others have viewed domestic violence within their homes. All of those aspects—plus the effectiveness of counseling and other programs—will be reviewed during the task force’s study in an effort to reach a conclusion on the best possible policies for rehabilitation.

“One of the things that was presented in the House Committee…was sometimes with juvenile offenders, it’s a one-time event,” Palmer said. “There is no re-offense. Are they going to register as a sex offender for life for a one-time event as a juvenile? Couldn’t we just try to work on prevention aspects, perhaps, and get to the bottom of the one-time event and try to effect prevention?”

Inconsistencies in how juvenile sex offender cases are handled across the state and differences in juvenile versus adult rehabilitation potential will also be examined over the next 12 months.  

By December 2016, the task force is required to submit a report on their findings to the governor, the Texas legislative committees, all involved state agencies and state correctional departments. Their findings and policy recommendations will then be reviewed by lawmakers who would like to coordinate support services for juvenile sex offenders and reduce recidivism rates.

“Me being a prosecutor, I’m thinking prevention: prevention of injury of children in the future, prevention of crimes against children in the future,” Palmer said. “It’s a crime prevention and safety of our community aspect; that’s what my perspective is going into it. And that’s why I’m so hopeful about it. I love the idea of future crime prevention.”

Palmer said she is anticipating that the task force will eventually be broken down into sub-committees, each tasked with researching and developing ideas on specific aspects of the broad circumstances involved in juvenile sex offender cases. The legislature has authorized the group to consult with juvenile offenders, their family members, mental health experts, and school district and higher education administrators to aid in their study.

Referring back to the first example involving sex between 13-year-olds, Palmer said, “There are some things that probably need good examination and we probably need to be consistent on our treatment of across the state.”

The task force is scheduled to be abolished in December 2017, a year after the report on findings is due.