Editorial: Clarify sex assault law

Friday, June 18, 2004 | 8:40 a.m.

Four years ago Gregg E. Ebeling was charged in Reno with sexually molesting five boys under the age of 14. Ebeling subsequently was convicted on 15 counts, with 11 of them carrying life terms. He appealed the guilty verdicts and this week the Nevada Supreme Court, while upholding 13 of the counts, agreed with Ebeling that two convictions should be reversed -- one involving lewdness and the other indecent exposure. Prosecutors are worried that the net effect of the Supreme Court's decision will be to restrict the number of charges that they can file against sex offenders. We share their concern.

Ebeling had been convicted of two counts of indecent exposure arising from an incident in a Reno hotel room where he exposed himself to two young boys. But the Supreme Court ruled that it didn't matter how many children witnessed the indecent exposure, asserting it was wrong to charge him with two counts of indecent exposure since it only involved one act. That means only one of the convictions involving the hotel incident will stand. Additionally, Ebeling had been convicted of sexual assault and lewdness relating to an attack on a boy in a shower. But the Supreme Court threw out the lewdness conviction, reasoning that the attack warranted only a single charge of sexual assault. The Supreme Court contends that, absent a clear expression that the Legislature intended to allow multiple punishments arising from the same offense, these criminal laws should be construed in favor of the defendant.

It's difficult for us to believe that state lawmakers didn't intend to allow multiple punishments for these kinds of sex crimes. When the Legislature meets next year it should make it clear that multiple charges are allowed for these crimes. When a molestor exposes himself to more than one child, each child is affected, and the criminal should be subjected to as many counts as there were children. The same goes for someone who sexually assaults a child and, prior to that act, commits lewdness. We should protect our children and prosecute sexual predators to the fullest extent of the law.