New Title 46 law and denial

There is definitely merit to that concern.

I know teachers that won’t meet female students in their office without the door open and other people in ear shot.

I know tug companies that will not put females onboard. Period. The legally acceptable excuse is that there is no separate stateroom available for her. The real reason is that it’s an unnecessary risk of bad publicity and expensive litigation that may not be covered by insurance. Some men do not like women onboard. Some wives will not allow their husbands to work on a boat if they know a woman is onboard.

Years ago, I occasionally babysat neighbors kids for a few hours, but more recently I have refused. I don’t dare to be alone with anyone else’s kids. It has become too risky.

A couple years ago, I got a call from the school asking me to come pick up a friend’s daughter. No one had come to pick her up after school. He had put my name and number on a list of people authorized to pick her up. I went and got her, but I made a point of taking someone else with me.

Sometimes laws intended to protect people do more harm than good.

What has American society become?

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What makes you think that?

Maybe because of the USCG’s definition of conviction which is different than everyone else’s?

The USCG’s definition of “conviction” does not include “being accused” though. The law specifically requires a “conviction” which means his comment was complete bullshit.

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And if you’re falsely accused keep the USCG’s definition in mind and make sure your lawyer is aware.

So “conviction” = “found guilty of”
Who would have a problem with that. Does anyone here not understand the burden of proof required for a criminal conviction? Much more than just being accused.

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But in USCG speak it also means ‘if the DA agrees to drop the case if you take a class on how to not sexually assault people’. Most innocent people might agree to a deal like that to avoid the costs of going to court but for us that’s a “conviction”. That’s why I said make sure your lawyer is aware of the definition so they can deal with the DA accordingly.

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A news article about the Midshipmen X case stated that the engineer was not charged by the DOJ but the USCG moved to revoke his license.

Reading the news articles about the Midshipmen X case it sounds like the USCG doesn’t need a criminal conviction they just need an accusation to take action.

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This is true not only for teachers but even professional office settings and on ships.

I think standard practice will gradually change to the following- If you are a male and need to speak with a female crew member you should never have the door closed and should not meet with that person alone. There should always be one other crew member present.

It’s changed for sure and I don’t think there are significantly more rapists than in the past. But I certainly think the threat of accusations has only increased.

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Yeah, now women are more willing to come forward.

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“Longtime merchant mariner Edgar Sison voluntarily surrendered his government-issued credential last week after the US Coast Guard amended an administrative complaint filed against him and charged him with sexually assaulting his subordinate”

The USCG had the authority to pursue charges since it happened on a US flag vessel. That has nothing to do with the topic of the thread about the new law for obtaining and renewing an MMC.

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I just hope that this new sex offender screening does not make the interminable delays at NMC even longer forever.

If every MMC application for original, renewal or upgrade, triggers a new sex offender screening, it should be obvious that NMC needs a lot more money and staff to do that screening.

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Sounds like double jeopardy to me

Imagine being convicted 30 years ago, having gone theought and paid the debt to society, beimg a registered sex offender and never had another convicrion, worked hard and been removed from this s.o. list and then losing your work.

Its not right. A slippery slope for.other crimes. Past DUI’s, drug convictions, hazardous driving, physical assault…using the incorrrect pronoun…

I agree with you that it’s “double jeopardy” in theory, but not in practice.

These recent statutes that take away rights and privileges based upon old convictions: sex offender convictions, and domestic violence convictions, do impose a form of “double jeopardy.”

Whether it’s unconstitutional “double jeopardy” remains to be decided in some future case.

However, being convicted and punished twice for the same crime is not “double jeopardy” if one conviction is in state court, and the other is in federal court.

My guess is that 99% of sex offender convictions are in state court. A USCG ALJ upholding the denial of an MMC is federal. So, that’s probably not double jeopardy. Nor is it a second “conviction,”

A provision of 46 USC 7511 reference conviction of “similar” state and tribal offenses. That may give lawyers and the courts something to chew on.

When the Domestic Violence Conviction bar on possessing a gun was passed. Thousands of Cops, corrections officers, and FBI agents were fired because they could no longer carry a gun. In some states the definition of “domestic violence conviction” encompasses some rather remote conduct between third parties that few of us would consider domestic violence.

You are correct and I agree, it is not double jeopardy. How many times should a dog be beat foe messing a carpet? This is not to minimalize the crime of sexual assault, but my point is obvious.

I am retired now having served 40 years in the merchant marine. One day, and I don’t think it is too far away, our nation will wish they had these people they “double punished” to man these ships.

Thanks for your correction(s).

I dunno, I’m pretty ok with not having someone on my ship that thought “one last drink before I drive home,” just “one little puff or bump,” or assault in general is ok and more important than their career.

Granted, I’m no saint, and am no teetotaler, but it’s about making smart choices. Choices that can have an effect on your career if you make the wrong ones.

Back to the original topic though, I personally am in a bit of disbelief about the folks standing in defense of people who commit SASH offenses on ship (referring to the whole mess that created the SAS Act). They’re about as close to family as one gets in a work place, and I may be from Arkansas, but that’s wrong.

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Understood your points. Part of my work has been working with offenders…the whole spectrum
.
I have seen people change their lives completely around. Once their debt to society has been paid and they have proved o er the years they have not re-offended, there had to be means of healing and bringing them into.society

When we pray the Lorda prayer, we ask to be forgiven as.we forgive others. Justice is another matter. …I have been told I will be.judged as I judge others.

It is a good debate.

Also, I think people’s defense of this issue stems from a sense of fairness… I mean changing the rules 20 or 30 years after the person has been reformed where they lose their career and livelihood is not fair not our American value.

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I would argue that in most places the definition of domestic violence is too specific and doesn’t encompass most cases of what should be considered domestic violence.

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How about the hunting guide in Alaska?

A year after he broke up with his girlfriend and moved out, he was enjoying a couple of beers at Humpy’s (a popular bar in Downtown Anchorage) when some drunken asshole showed up and picked a fight with him. They mutually agreed to step out back and settle it like gentlemen. The cops showed up just as the hunting guide punched the asshole in the mouth. The cheapest and easiest way to dispose of the matter was to take a plea deal and pay a $100 fine.

Next thing he knew, his gun permit was being revoked because he had a “domestic violence conviction.” It turned out that the asshole was living with his ex-girlfriend, and that turned a petty assault into “domestic violence.”

How do you like that one?

I have no sympathy for wife beaters, but some of this stuff has gotten out of hand.

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