Ruling could shorten sex offender list

Doug Guthrie / The Detroit News

A precedent-setting Michigan Court of Appeals decision Wednesday determined it is cruel and unusual punishment to require an 18-year-old man to register for the state's sex-offender list for a relationship with a 14-year-old girl who later became his wife.

Hundreds of similar "Romeo & Juliette" cases in which perpetrators had their entire case files erased after completing probation under terms of the state's Holmes Youthful Trainee Act could be impacted by the decision that will remove the Muskegon man's name from the online registry maintained by Michigan State Police.

"These are not dangerous predators or pedophiles," said Miriam Aukerman, the Legal Aid of Western Michigan lawyer who represented Robert DiPiazza. "Sex offender registration is one of the most damaging things that can happen to a person, worse then the criminal punishment."

DiPiazza, now 23, has no conviction on his record, but because his name is on the sex offender registry, he has been unable to hold a job for more than a few days.

DiPiazza and the girl married in 2007. They have a son born in March. They have lived on public assistance including food stamps.

Their relationship was discovered and reported to authorities in 2004 by the girl's teacher. Although the relationship was consensual and acknowledged by his parents, DiPiazza was charged with third-degree criminal sexual conduct because it is illegal in Michigan for an adult to have sex with anyone under the age of 16.

In 2004, a few months after DiPiazza got caught, the Michigan Legislature approved a change in the sex offender registry law, excluding people from being required to register if their cases were set aside by completing first offender probation. DiPiazza's name, and hundreds of others like his remain on the list for up to 25 years because their cases predate the change in the law, said Aukerman.