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Judge Orders Rapist to Attend Church

Court rules that order is unconstitutional.

Kansas
State:

• A Kansas appeals court ruled that a trial judge's order requiring a convicted rapist to attend church and perform 1,000 hours of work at the same church was unconstitutional. The court observed: "We concluded that the imposition of the religious conditions on [the defendant as a part of his probation] unreasonably restricted his constitutional freedom. The conditions would require him to continue association with a specific church for a five-year period, regardless of whether he continues to accept its religious beliefs and doctrines. It is not clear from the record how these conditions could be characterized as bearing a reasonable relationship to the protection of the public or the offense committed. Further, it is difficult to conclude that a compelling state interest requires the imposition of these particular probationary conditions. The Kansas Constitution contains a strong ...

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Posted:
  • March 1, 1991

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