Senator Jeff Kessler (D-Marshall) recently told reporters that he does not believe there is a sexual predator problem in West Virginia and he “adamantly opposes” making increased penalties mandatory.

His shocking statements to the press reveal his absolute ignorance of what is happening in West Virginia in general and his home county in particular. While the rest of the Senate is trying to work out a bill, Senator Kessler is still dazed and confused, asking for someone to tell him if there is a problem.

First, he does not believe there is a problem.

If ignorance is bliss, Kessler is one happy Senator.

During the April legislative interims Kessler told reporters, “The first thing you have to do is identify if there is a problem in West Virginia and if so, if our system is failing somehow. And if it is, then okay let’s address that. I think just going out and routinely throwing a blanket over everybody and saying everyone gets double the sentences, there’s going to be no probation in any case is ludicrous: it’s silly. It will not be effective in actually addressing whether or not, number one, a sexual offender problem exists in West Virginia and if it does, what is the most meaningful way – and efficient way – to address it.”

A reporter then asked, “So you are questioning whether there really is a problem?”

“Well, number one,” Kessler replied, “Somebody needs to come forward and tell me if there is a problem.”

That is exactly what the West Virginians Against Abuse tried to do during the regular legislative session, but the Democrats would not give them the time of day.

What does Kessler think about the group Logan Goodall’s family started with other concerned parents?

“I don’t care what the West Virginians for Abuse think,” Kessler said. “I think they are misguided because they are the ones beating the drum that somehow or other we have to pass Logan’s Law to protect children in this state.”

Second, he does not believe increased penalties should be mandatory.

West Virginia judges are in the habit of suspending the sentences of violent criminals. Instead of rotting in jail as the legislature mandated, those who are the most danger to our most vulnerable citizens are getting probation instead.

In Marshall County, Kessler’s home county, a man was convicted of 1st degree sexual assault of a female child and sentenced to 15-25 years in prison. The judge suspended his sentence instead and placed him on 5 years probation.

Instead of making this pervert stay in jail for the duration of his term, Kessler would rather the system stay broken. Why? Well, because of “Uncle Joe.”

Kessler used an asinine and highly improbable analogy of a mythical “Uncle Joe” who assaulted a boy. The boy never told anyone, but finally gets the courage when he is thirty to inform the police. The problem is that “Uncle Joe” is in his 70s now and waiting for a lung transplant. If there was no chance of the judges suspending the sentence, Kessler reasoned, then we would be putting 70-year-olds in prison and paying for their lung transplant.

The absurdity of his reasoning is so apparent, I doubt much can be said to make it more so. The fact is there aren’t any “Uncle Joes” in West Virginia, but there are violent sex offenders who are endangering our children.

If Kessler had his way, the state would turn a blind eye to the fact that children are being abused and the predators are getting little to no jail time. But if he did manage to write a bill, he would allow the judges to ignore the additional penalties and do whatever they want to. This wouldn’t be a bad thing if we had judges who were locking sexually violent predators up and throwing away the key, but all across West Virginia and even in Kessler’s county, Marshall County, sexually violent predators are getting their sentences suspended.

Besides the example above, here are some of the real cases in Marshall County alone:

• A man was convicted of 1st degree sexual abuse with a female between 6 and 12-years-old. The judge suspended the sentence and gave him 3 years probation.
• A man was convicted of 1st degree sexual assault with a female between 6 and 12-years-old. The judge gave him 1 year home confinement.
• A man was convicted of 3 counts of 1st degree sexual abuse. A portion of his sentence was suspended and he only served 8 months in a correctional facility and was given 3 years probation. The victims were minors younger than 11-years-old.
• A man abused a family friend who was between 6 and 12-years-old. The judge gave him a suspended sentence and 4 years probation.
• A man was convicted of 4 counts of 1st degree sexual abuse with a female child under 5-years-old. The judge sentenced him to attend a treatment program and placed him on 2 years probation.
• A man was convicted of 1st degree sexual abuse with a male child between 6 and 12-years-old. The judge suspended his sentence and placed him on 2 years probation.
• A man was convicted of 1st degree sexual abuse with a female family member between 6 and 12-years-old. The judge gave him 3 years probation.

These examples are merely a portion of the cases from one county alone. There are no “ifs” about sex abuse in West Virginia. It’s as real as Kessler is out of touch with the needs of his constituents.

But Kessler is very satisfied. “I have great faith in the judges of this state and the prosecutors of this state to mete out adequate and appropriate punishments to the criminals in this state. Rather than have the politicians decide what the sentences should be, I think we should let the judicial system act. I have yet to see any examples where they can point to that the judges or the prosecutors or the victims or the juries of this state haven’t adequately dispensed justice in this state.”

It is amazing how Kessler now completely trusts the judiciary system. When he rose and spoke before the Senate on the last night of the session and killed Logan’s Law, he warned the Senators of prosecutors who are out of control. Kessler painted a picture of how a zealous prosecutor would certainly send a 17-year-old minor to prison for life for having sex with a 13-year-old.

But now Kessler has changed his position. “You have got to trust the prosecutors,” he now says, “and their discretion to prosecute and the judges and their ability to sentence appropriately.”

It is clear that as long as Kessler is safely in his Senate seat, our children will never be safe in West Virginia.