09-11-2017, 12:16 AM
Sex Offender Registry Loophole
New questions as to how a convicted rapist never registered as a sex offender and went undetected for more than 30 years — 57-year-old Herbert Bliss is in jail, charged with attempting to rape a 9 year old autistic girl.
At first authorities didn't know Bliss had raped before. He was convicted in Iowa in 1975, before the days of sex offender registries. And, like many other sex offenders, Bliss has been staying under the radar.
The way the 1994 South Dakota sex offender law reads, anyone ever convicted of a sex crime, who now lives in South Dakota, needs to register as a sex offender.
But there appears to be a loophole. Many offenders convicted before 1994 — like Bliss — are getting away without registering, just by playing dumb.
It's considerably easier for law enforcement to track sex offenders convicted after 1994. Those people are automatically entered into the sex offender list and instructed how to register.
Those who committed sex crimes before the sex offender law passed 13 years ago sometimes slip through the cracks.
"They've yet to come forward or be recognized. Haven't broken the laws. Have stayed under the radar or have moved from jurisdiction to jurisdiction to jurisdiction without ever having to register or having registered," says Detective Ron Harris of the Sioux Falls Police Department.
Harris is in charge of the Minnehaha County sex offender registry - the largest in the state. Before Bliss was arrested on his current charges, Harris didn't know about Bliss' 1975 rape conviction in Iowa.
And that's not all.
Lou Raguse: Do you suppose there's more than just him out there?
Harris: I would have to assume so, yes.
Those who are convicted of sex crimes and back on the streets before 1994 — like Bliss — never received formal documentation or formal notification to register as sex offenders. So they fall into a gray area where they get away without registering. And they can't be punished for it.
"They have to be identified, and they have to be told: You have to register," Harris says.
That usually happens after police get a tip call from someone, or after the sex offender is arrested on a different charge and a more extensive background search is run.
Bliss has actually been picked up several times since moving to the area. His South Dakota criminal history shows a DWI conviction four years ago. But in cases like that, law enforcement doesn't always run the extensive background search. And they apparently didn't find his rape conviction.
Bliss wasn't identified as a sex offender until he was accused of offending again. And it's impossible to predict how many other sex offenders live in the state unregistered because of similar circumstances.
"They're tough to find," Harris says.
It does not appear that Bliss served any time for that 32-year-old rape. He received a suspended sentence and probation.
Detective Harris the police department often identifies and tells older sex offenders to register thanks to tip calls from the public. by investigating tip calls he receives. So he encourages anyone with information on unregistered sex offenders to call the Sioux Falls police department.
South Dakota currently has 2359 registered sex offenders living in the state. About 500 of those are currently in prison.
New questions as to how a convicted rapist never registered as a sex offender and went undetected for more than 30 years — 57-year-old Herbert Bliss is in jail, charged with attempting to rape a 9 year old autistic girl.
At first authorities didn't know Bliss had raped before. He was convicted in Iowa in 1975, before the days of sex offender registries. And, like many other sex offenders, Bliss has been staying under the radar.
The way the 1994 South Dakota sex offender law reads, anyone ever convicted of a sex crime, who now lives in South Dakota, needs to register as a sex offender.
But there appears to be a loophole. Many offenders convicted before 1994 — like Bliss — are getting away without registering, just by playing dumb.
It's considerably easier for law enforcement to track sex offenders convicted after 1994. Those people are automatically entered into the sex offender list and instructed how to register.
Those who committed sex crimes before the sex offender law passed 13 years ago sometimes slip through the cracks.
"They've yet to come forward or be recognized. Haven't broken the laws. Have stayed under the radar or have moved from jurisdiction to jurisdiction to jurisdiction without ever having to register or having registered," says Detective Ron Harris of the Sioux Falls Police Department.
Harris is in charge of the Minnehaha County sex offender registry - the largest in the state. Before Bliss was arrested on his current charges, Harris didn't know about Bliss' 1975 rape conviction in Iowa.
And that's not all.
Lou Raguse: Do you suppose there's more than just him out there?
Harris: I would have to assume so, yes.
Those who are convicted of sex crimes and back on the streets before 1994 — like Bliss — never received formal documentation or formal notification to register as sex offenders. So they fall into a gray area where they get away without registering. And they can't be punished for it.
"They have to be identified, and they have to be told: You have to register," Harris says.
That usually happens after police get a tip call from someone, or after the sex offender is arrested on a different charge and a more extensive background search is run.
Bliss has actually been picked up several times since moving to the area. His South Dakota criminal history shows a DWI conviction four years ago. But in cases like that, law enforcement doesn't always run the extensive background search. And they apparently didn't find his rape conviction.
Bliss wasn't identified as a sex offender until he was accused of offending again. And it's impossible to predict how many other sex offenders live in the state unregistered because of similar circumstances.
"They're tough to find," Harris says.
It does not appear that Bliss served any time for that 32-year-old rape. He received a suspended sentence and probation.
Detective Harris the police department often identifies and tells older sex offenders to register thanks to tip calls from the public. by investigating tip calls he receives. So he encourages anyone with information on unregistered sex offenders to call the Sioux Falls police department.
South Dakota currently has 2359 registered sex offenders living in the state. About 500 of those are currently in prison.