When “Child Porn” Isn’t, And The Woman Who Insisted We Differentiate

Hi Readers: Two important things today. The first, and saddest, is that Mary Duval has passed away. I wrote about her here. She was the mom-turned-activist after her 16-year-old son Ricky was put on the sex offender registry — for life — for having consensual sex (twice) with a 13-year-old girl he thought was his own age.

Mary fought first for him, and then for all the folks on the ever-expanding registry who pose no threat to children. She leaves behind her two beloved sons, a movement for more just and rational sex offender laws, and barely enough money to pay for her funeral. If you would like to make a contribution, please write it out to Ricky’s aunt, D. Logan, and send it to: D Logan,  765 Mesa View Drive,  Space 24,  Arroyo Grande, CA   93240.

One of the things Mary fought for was to help our country get a grip. None of us want predators preying on children – I mean, really, that’s pretty obvious — but as our fears for our children grow (inflamed by everything from Law & Order to Nancy Grace), politicians pander by creating “tougher and tougher” laws against sex offenders. Sometimes those laws end up going overboard, taking with them all common sense. For a prime example of where this can lead,  check out this article, about a California high school yearbook that was recalled because, according to CBS:

The background of a school dance photo shows a 17-year-old boy’s hand inside the clothing of a 15-year-old girl in a way that suggests sexual penetration.

“The photo was taken at a dance and the suspect and victim are not the focus of the photo. They are in the background and likely didn’t know they were in the photo,” said sheriff’s spokeswoman Cynthia Bachman.

In fact, even the high school yearbook advisor didn’t notice this naughty bit. Nonetheless, now students are being asked to bring the books back to school for a refund. And what happens to the kids who hang onto them? 

THEY COULD BE CHARGED WITH POSSESSION OF CHILD PORNOGRAPHY. For real!

That’s why Mary Duval will be so missed. She fought the dumbing down of the terms “child abuse” and “child porn” to the point where normal, non-violent activities could qualify as crimes. She fought so that normal, non-violent folks like  teens who have sex with their girlfriends, or send sexts, or HOLD ONTO THEIR YEARBOOKS would not end up as official sex offenders.

Why is this a Free-Range issue? Because the more non-dangerous activities we start labeling as “dangerous to children,” the more society becomes convinced that our children are in constant peril. So the more ridiculous laws we pass, and the more we pull our kids inside, and the more we distrust our neighbors and everyone else. (For a lovely example, see my post on the church that will not allow married couples to teach Sunday School unless a third adult is in the room with them, lest the dad molest the students and the wife refuse to testify against him.)

It is so easy to inflate fear and so hard to bring it back down to the real world. This was Mary’s calling. I believe it is also mine.

R.I.P. Mary Duval. — L.

A Shining Light (from a Trailer in Oklahoma)

Hi Readers —  Last summer I spent a day with Mary Duval, her son Ricky, and Ricky’s wife. Mary and Ricky were in town to appear on a John Stossel show about the country’s sex offender laws, mostly because Ricky had ended up on the sex offender registry at age 16. He’d met a girl at a club, had sex with her twice, and only later learned she’d been 13, not the 15 or so she’d told him she was. Anyway, the whole, harrowing story is here and I’ve written about it before. What brought Mary to Stossel’s attention is that she fought the law that turned her son into a “sex offender,” and eventually got it changed in her state. She even got her son’s conviction expunged. This kind of victory is rare. Other young men like Ricky are on the registry for life.

Injustice made Mary into the kind of activist they make movies about…when the activism doesn’t involve sex offenders. Just about the same time her son was convicted, she went blind from Marfan Syndrome. A divorcee, she moved the family to a trailer in the middle of Oklahoma, since Ricky couldn’t live many places in town. Sex offenders have to locate a certain distance from schools, churches, day care centers – any place children may congregate. (And yet bank robbers don’t have to live a certain distance from banks.  And murderers can live anywhere. Go figure.)

Anyway, that day Mary was in New York, we painted the town red. We went to Central Park, and Fifth Avenue and Chinatown. What’s really fun if you’re blind? We sailed into a fancy perfume store and soaked up all the scents, even as the snooty salesgirl glared at us. We went to Barney’s, the ultimate in chic, where a sloppy-looking handbag cost $3000, and Ricky and his wife took pictures of the crazy New York prices. It was a great day. And as we walked along, Mary’s cell phone kept ringing. “Who’s that?” I asked.

“Oh, that’s a mom who’s been suicidal for about a year. Her son was 15, he got a sext from his girlfriend, who’s 17, but the prosecutor got him for kiddie porn.” Or, “Oh, that’s a mom whose son is on the sex offender registry – the cops found something on his computer. And now when anyone rings the bell at their house he has to answer the door, ‘I am a convicted sex offender.’ She’s having a hard time.” Another mom called, also upset. She had to take all the photos of relatives under the age 18 down from her walls, because her son was on the registry and that’s what his parole officer demanded.

The moms called Mary for strength. She listened, offered some bracing words, maybe snorted with gallows humor and told them to call her again anytime. “That mom who was suicidal? She’s finally coming out of it,” said Mary, sounding damn pleased. “She’s getting ready to fight.”

I wish I could say the same for Mary, but in the less than a year since I saw her, she was diagnosed with cancer and went through chemo. She managed to make it to a couple of legislative hearings to explain that while we all want our children to be safe from predators, some of the sex offender laws aren’t making that happen. In fact, they’re making our sons less safe. And then, very recently, she broke her back.

Right now, the word I’m hearing is that Mary is in a coma.  The prognosis is grim and her message machine is full.

Of course it is. The moms keep calling her. They need her. We all do.

Hoping for a miracle. – L.