Filed under: Saturday Submissions
Author: Reader Submissions
Date: Mar 13, 2010
To put it simply, my life until now could hardly be considered normal. Some who read this might ask why I would choose to admit that openly, or why I’d choose to share this story in such a public way… but it’s important for me, now that I sit on the verge of a new start, to let people know how the American Justice system failed me as a gay kid. To understand how homophobia allowed me to be caught up in an unjust and ridiculous situation that’s cost me almost 12 years of basic freedoms.
I take comfort in knowing things could have been worse. Hell, a lot worse. Where should I start? I should start out by stating I knew I was gay from a very young age. There was no definitive day or moment, but by the time I was 5 or 6, I knew I was different. By 7, things took a turn for the worse. My parents both working hard to raise 3 kids, I spent most of my childhood with babysitters. Two families not far from where I lived did the job. However, the babysitting was the least of my worries. I spent the next 5 years of my life sexually abused by these families. Yes both families. I was already a shy, quiet kid, so my parents never noticed a change in me. By 12, I was old enough to stay home and take care of myself, and the other families moved away. But the damage was done.
Sex was not a weird thing for me. I started experimenting sexually with other boys around 13. I wouldn’t put it outside anything other boys do/did together during this phase. I knew then though, consciously, that I liked guys, and would eventually have to come to terms with it. But then, the worst possible thing imaginable happened. I got arrested. Arrested at 15. Why? Because the parents of a boy 4 years younger than me found out we had fooled around. You might be thinking that’s pretty horrible. 4 years is a big age difference at that age. But, I had grown up with this kid most of my childhood and we spent a lot of time together. I honestly did not believe I had done something wrong. My lawyer told me not to worry, that I would just have to seek court ordered therapy and I could move on with my life. But things got ugly. Real fast.
Measure 11 passed in Oregon in the 1990′s. Measure 11 prosecutes teenagers over the age of 15 as adults for crimes such as assault, child molestation, and sodomy. With an age difference of more than 2 years, I fit the mold. Since the actions happened in a small county, the prosecutors and the other kids parents used my case as a platform for Measure 11. My family wasn’t prepared, we couldn’t afford a good enough lawyer to fight the county. I was convicted of 2 Counts of Attempted Sodomy (oral sex with another male) as an adult. I spent 30 months in a juvenile detention center and was also sentenced to 20 years of post-prison supervision. Straddling the juvenile system and the adult system was difficult. I hid the fact I was gay in order to not be beat up. They were the longest 30 months of my life. Every day I wondered if today was the day someone would find out, and I would get beat up. When I was released, there were no programs available for me. Adult programs were only available to people who spent time in an adult prison. So, I was literally let out with the clothes on my back. Without my families help, I would have been homeless. I know others were not as lucky. I lived in a hotel for 8 months. When I finally moved to Seattle, Washington, I was ready for a fresh start. Then came worse news. I was considered high risk because my crime was male on male. Male on male sexual contact is defined as deviant by most jurisdictions. I was told I needed to register as a sex offender. I was lumped into a category with fathers who raped their children or old men who forced girls to have sex by gunpoint. Once again, I didn’t have the means or money to fight this. At this point, I had given up hope. My friends and family were the only people who could keep my head above water.
I was never bitter. And with the help of my friends and family, I owned my life. I bought my condo on my 23rd birthday. I got a BFA in Graphic Design. I got a nice job. I started dating. My daily activities are different than most people. If I want to travel outside my county, I have to fill out forms that can take a week. I can’t leave the country. I can’t go to a bar. I can’t vote. These are all standard rules for people being supervised with a felony. I had come to know that my life would be like this until my mid to late 30s. As a gay man, try finding a stable relationship with these restrictions!
Now at 27, there is light at the end of the tunnel. A probe has surfaced that my sentencing was and HAS always been against the law and is unconstitutional. A 15 year old should not be subject to incarceration and probation for 20+ years, especially for something most boys in the world are all too familiar with. It’s too late for an appeal, but I have options to regain control of my life. My hopes are be taken off supervision this year (a decade earlier than expected). I will be able to vote, travel, go to a bar, or spend time with my niece and nephew without the state thinking I will hurt them. Most of my life I have dealt with these demons. All these years, dozens of polygraphs, multiple therapists, all telling me the same thing. We don’t know how you got captured in this, but here you are, so deal with it. I never looked at my situation as unfair. I was a product of my environment.
As I open this new chapter in my life, I see endless possibilities. Despite the upcoming obstacles of having to find a way to pay for getting my freedom back, I am hopeful. I should have never had these rights stripped from me. Why do I feel the need to blame someone? Did this happen because I am gay? Is this still happening to children in Oregon? Where are our priorities?
At 27, I am finally starting my life and it’s about time.
Submitted By: David, 27 years old, Seattle, WA.
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Jeffrey Dean
March 13th, 2010 at 4:24 am
Hello American “cousin”
Thanks for sharing this amazing story as I had no idea that was possible. What does, ‘having to find a way to pay for getting my freedom back’ mean?
JD in Canada
Chris Rich
March 13th, 2010 at 7:45 am
thanks for sharing that, it’s shocking what the US government condones as Justice……they are truly in another world.
David Everhart
March 13th, 2010 at 8:14 am
Hi JD,
Thanks for the question. The American justice system favors the wealthy. Even the simplest of procedures can cost thousands of dollars. My particular process will probably end up costing me 5 thousand. Lawyers cost 250-300 dollars an hour here and our system is very slow. It would probably take 2-3 months. However, I can’t put a price on my freedom, so I am doing everything I can to raise and come up with the money. :-)
Dustin Johnson
March 13th, 2010 at 8:35 am
David, I admire your honesty and courage. There’s something very special about you and I’m glad to share part of your life with me. You’re the best.
Colby
March 13th, 2010 at 11:00 am
My God, David, props to you for keeping such a positive attitude through such an ordeal. You’re stronger than most people probably would have been. Many people who have an early encounter with “the system” like that end up in it forever, addicted to drugs, in and out of jail, etc. It’s a testament to your strength and character that you’ve avoided that. Well done. Thank you for sharing your story and letting everyone know how discriminatory and unfair the system can be, even beyond the discrimination that we’ve all become accustomed to.
Stephen
March 13th, 2010 at 11:55 am
David, your courage, inner strength and perseverance are admirable and inspiring. The fact that you have been through what you have and have come out of it as well-adjusted, confident and positive as you seem to be from your posts says a lot about you and the direction you chose to take as soon as you moved to Seattle.
You faced a seemingly insurmountable hardship in your life and showed us that it can be overcome with the acceptance of one’s situation and the drive to take yourself to the place you want to be. Good luck on finally closing the final chapter of this part of your life. Thanks for sharing your story David.
Redd
March 13th, 2010 at 4:40 pm
David, I really admire your outlook in life and that you’ve remained positive throughout your ordeal. Thank you for sharing this with us.
David Everhart
March 13th, 2010 at 5:30 pm
Thanks Guys. Means a lot to me. I will keep everyone posted as things progress. I would say it’s about time. Can’t wait to be able to vote and travel!
Jeffrey Dean
March 14th, 2010 at 6:24 am
Hi again, David
Thanks for explanation. Knowing that, is there anyway to raise the money for you? Maybe Homorazzi could start a fund for readers to donate somehow? (not my area of expertise). Just an idea.
JD
David Everhart
March 14th, 2010 at 8:03 am
JD,
It’s definitely not my area of expertise either. However, if there is someone out there who does know how to do this, please let me know. Whether its Homorazzi or if anyone knows of a non-profit willing to donate on my behalf? Every little bit helps…
Dwayne
March 17th, 2010 at 9:58 am
Sorry,
But although I admire the courage it takes to tell this story so publicly, whether you’re 15 or 18, subjecting an 11 year old to that type of “fooling around” is highly irresponsible, potentially very damaging and merits some disciplinary action.
20 years? I think not. That’s harsh. But the 15 year old should be the responsible one in the situation and choose not to put an 11 year old in that environment, regardless of what the 11 year old is asking for or giving consent to.
If it were my child (the 11 year old), I would reach out to the parents of the 15 year old first (rather than the law), and deal with it between families and/or a counselor of some type. Depending on the response/willingness of that family, I may or may not contact the authorities. If it were to repeat, I would definitely contact the authorities.
Should you have your “sins of the past” held against you for the rest of your life, or even 20 years for that matter? absolutely not. I believe in grace, forgiveness and redemption and at 15, the grace should be extended much more bountifully than for legal adults.
Keep your head up and hold onto your great outlook. You have overcome a lot, and you should be proud of yourself for that.
I just have to be honest about the rest. Hope you understand.
todd thomas
March 29th, 2010 at 10:21 pm
I was looking for child molesters in my area and came across this site. The guy with the story should be arrested. If any guy or girl took advantage any under age child should be punished by law. What are you all thinking? Christians or aethisests should be disgusted by this kind of selfish and dehumanizing act.
todd thomas
March 29th, 2010 at 10:40 pm
Some of you may reply that this man had a terrible childhood and reacted to this tragic upbringing, but this does not allow us to condone such actions. If he was a drug addict would it be ok for him to push drugs on others his age or even younger? We should love each other and try to allow all persons to become who we should be without perveted influence. Some people maybe be gay and others straight but advocating sexual advantaces is wrong. Let children grow up without these assaults. Children shoul be children.
Janelle Preuss
July 2nd, 2010 at 1:59 am
I came across your story tonight, and I know a few months past since you shared however you have quite an interesting story. It definilty captured my interest. I congrats you on your acheivements through your tough roads. That is what helps us all, when we walk through it with fire and keep are heads up and know soon enough everything will fall into place. I had went through lots of tough roads in my life and some I would say when is it going to end, but eventually it does and I became stronger than the people who judged me. also learning that people who judge others only do so to avoid looking into the mirror. See after I was raped the first time in elementary school all my so-called friends sayed nasty names about me, very hurtful, the second time i was raped by a group of guys that one of my so-called friends set me up with(It was suppose to be a blind date, ha,ha on me), after that something changed in my life. Later I was diagnosed with BIpolar, I had my ups and downs but I worked through it hard. I got married and two kids and did great til my illness lasps so I walked away from my family til I coulf get right. Almost three years later, I was right, and have been successful since, I have my children full-time, soul/legal/physical custody. So we have made are self a comfortable little family. I left lots out otherwise this would be a book size reading. So if you would like to ever talk with someone and need someone to listen, I can do that, as long as you listen to me time from time.. Anywho,,, You have a great night. I think it is great that there are people in this world still who do beleive enough in themself’s to fight for themselves, like yourself, like myself, like 30percent others self… Have a great night, sleep good and I hope to hear from you soon. My name is Janelle Preuss, jpreuss1403@sbcglobal.net , Ok hon, you take of yourself, send me a message when you can…
Micael B
July 30th, 2010 at 12:23 pm
Dear David,
Thank you for your courage to share this story. Know you are supported and loved far and wide.
David
February 21st, 2011 at 11:16 am
Update for everyone. I have regained my freedom. At 28, I can travel freely, get a passport, vote, go to bars, everything for the first time. The process was lengthy, but everyone, including the judge were on my side and realized I was ready to move on. Thanks everyone for your support. Can’t wait to get my passport. So many places I want to see. :)
Thank you Homorazzi for posting my story and allowing me to have a voice. I understand it was a mixed bag with the replies and probably wasn’t the most popular post, but it helped me regain my life, so there is at least one person who is thankful.
wouldnt u. liketoknow
October 12th, 2011 at 5:51 am
shouldve told the REAL truth. see you soon