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Darren Sharper: Penal Outlaw to Penile Monitoring

HandelontheLaw.com Staff Writer

Friday, September 11, 2015



Darren Sharper: Penal Outlaw to Penile Monitoring
Darren Sharper

Darren Sharper, famed NFL safety and sports analyst, is also a convicted serial rapist, pleading guilty or no contest to charges of raping 9 women in 4 states, as well as federal drug charges.

The chronic failure of police and prosecutors to collect evidence and compare notes is the stuff of a dramatic movie script, allowing Sharper to continue drugging and raping women until he was finally arrested in Los Angeles on January 17, 2014.

Sharper was allowed to plead by a “comprehensive and global disposition” of all charges in all jurisdictions and, according to some disappointed observers, was given a “sweetheart deal.” Rather than serving up to life in prison if convicted of aggravated rape charges, Sharper is facing as little as 101 months in a federal facility on a 20-year sentence.

The more impressive aspect of his sentence is the way in which Sharper will be controlled throughout his post-imprisonment life. After release from prison, he:
- must register as a sex offender
- must undergo years of sex offender treatment;
- cannot drink alcohol, go to bars or liquor stores for the rest of his life;
- cannot visit sex shops;
- cannot get a date on the internet;
- travel more than 50 miles or spend a night away from home without state official approval;
- must be tracked by GPS for the first 3 – 5 years of parole in California;
- must fully cooperate with authorities, including:
- being interviewed and debriefed by law enforcement;
- testifying, if asked, before grand juries or at trials, apparently against his alleged co-conspirators, Brandon Licciardi and Erik Nunez.
- be on lifetime probation in Arizona after his stint in California;
- be considered “in custody” while under parole or probation in California and Arizona during the 20-year sentence. If he fails to abide by the terms of his parole or probation, he will be returned to prison to serve the remaining years of his 20-year sentence and only his prior time in prison will count against that sentence;
- be restricted in where he can live, travel and with whom he may associated
- undergo lifetime sex offender monitoring, including penile monitoring.

Penile monitoring has been around for more than 40 years. It is considered part of the long-term management of sex offenders. In addition to comprehensive psychological assessment, Sharper’s handlers will use physiological assessment, including penile monitoring by “penile plethysmograph” (PPG).

The logic of penile monitoring is:
- there are more than 230,000 registered sex offenders in the U. S.:
- sex offenders have a very high rate of recidivism, being 10x likelier to be arrested for another violent sexual assault than are people convicted of other crimes;
- therefore, sex offenders must be carefully monitored;
- the PPG works by showing images to the sex offender and measuring his erection;
- therefore, the PPG will tell authorities exactly what arouses the sex offender, thereby giving them information on how he should be monitored.

Though penile monitoring is still used in some states, such as Arizona, it has been abandoned in other jurisdictions. Federal appeals courts in California and New York have rejected PPG as unreasonably intrusive. In addition, some experts claim that the PPG results are often unreliable because the results can be skewed by the sex offender or the test administrator.

State and federal judges in New Orleans must still approve the terms of Sharpers’ deal.


By Kathy Catanzarite


Source: Kathy Catanzarite - Handelonthelaw.com Staff Writer

Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.





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