Can Sexual Offenders be Forgiven?

Time will tell…

People make mistakes. Some mistakes can be easily forgiven. Some mistakes, less so.

Recently, the press has been reporting on a seemingly endless parade of sexual misfeasance by powerful men. From media personalities to politicians, men in authoritative positions have been exposed (pun intended) to have engaged in behaviour ranging from cringe-worthy harassment to outright unlawful sexual abuse, if not rape. Notwithstanding statements from the Oval Office, among the most serious allegations to arise in the maelstrom of accusations has been those of sexual abuse of minors by Alabama Senate candidate Roy Moore. If he weren’t running for Senate, but was instead applying for a visa to visit the United States, how would Roy Moore fare?

Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act states that individuals who are convicted or admit to having committed a “crime involving moral turpitude,” are inadmissible to the United States. Generally, sex crimes would be considered crimes involving moral turpitude (CIMT).

Of course, a conviction is a conviction, but admissions and allegations are something else. 9 FAM 302.3-2(B)(4) discusses when an admission to an offence may be considered sufficient to trigger a finding of inadmissibility. In practice, procedural safeguards meant to ensure that any such admission be knowing, explicit, unequivocal and unqualified mean that it is highly unlikely an admission to a CIMT would be the basis for an inadmissibility finding. Similarly, per 9 FAM 9 FAM 302.3-2(B)(3)f, mere allegations of an offence could not be the basis for a finding of inadmissibility. That said, the existence of such allegations could be grounds for visa refusal under INA 221(g) pending final judicial outcome for cases where charges have been filed, or under INA 214(b) simply as a matter of doubting intent to depart the United States.