January 21, 2016 By Stephen Klarich

If you are charged with a crime, it is never a good idea to flee while you await the outcome of your case. In all likelihood, you will be discovered and brought back to face the charges against you, and potentially additional charges for fleeing. But a British court is not allowing one Orange County man to be extradited to the U.S. because it says California sexual abuse laws violate human rights.1

Is the U.K. court correct? Do sexual abuse laws violate human rights?

California Laws Regarding Sexually Violent Predators

In California, there are laws specifically regarding “sexually violent predators.” A sexually violent predator is someone who:

  • Has been convicted of a sexually violent offense against one or more victims
  • Has a diagnosed mental disorder that makes the person a threat to others, and
  • Is likely to exhibit further sexually violent behavior in the future

Sexually violent offenses are crimes such as rape, child molestation and kidnapping.

Under California law, someone who is deemed a sexually violent predator faces additional consequences after completing a jail or prison sentence. These penalties include being sent to a mental health facility or entering treatment programs before reentering society.

This extra punishment is where the British court believes the law violates human rights.

Do Sexually Violent Predator Laws Violate Human Rights?

Article 3 of the European Convention on Human Rights states that no one shall be subject to punishment involving torture or inhuman or degrading treatment.”2 This is similar to the U.S. law that all persons should be free from “cruel and unusual punishment.”

According to the British court’s ruling, California laws regarding sexually violent predators violate this article. If the man was extradited to the U.S., he would then face charges of sexual abuse. The court is refusing to extradite him because it believes the potential consequences he faces violate human rights.

Whether the court is right in doing so depends upon your own opinion. Do you believe that California laws regarding sexually violent predators violate basic human rights? Do you think that persons deemed “sexually violent predators” should be required to enter treatment in addition to the prison time they already face? Please leave your thoughts in the comments section below.

Call the Sex Crimes Attorneys at Wallin & Klarich Today

If you or a loved one has been charged with a sex-related crime, you need an attorney who has experience handling these complex cases. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing sex crime charges for over 30 years. We know the defenses to these charges, and we can help you protect your freedom.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

1. [http://www.latimes.com/local/lanow/la-me-ln-british-court-extradition-pedophile-human-rights-20151021-story.html]

2. [http://www.hrcr.org/docs/Eur_Convention/euroconv3.html]

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