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Mistaken identity sex offender sue to change California law: "I'm accused of being a sex offender — I'm not" Christopher Rogan (aka Christopher Covan) is a heterosexual identity activist who, like many in the Human Rights campaign, thinks that sexual identity is easily determined through a quick look at your genitals. (From The Huffington Post: The issue with his case is that the law allows the judge to essentially look at the genitals of the person to see if they are a male or female. If there is a match, that person is then identified and then becomes subject to the high registration requirements, public notification, registration, community notification and so on. Here is where the issue comes in. Rogan lives in Portland, which does allow him to have sex with other consenting adults, but no law says he needs to be labeled as a sex offender. This is where he has put himself into a pickle, because the law forces him to be a registered sex offender, even though he is not assigned a sex. Consequently, he has filed a petition with a court to remove the requirement that he must be "identified" and subjected to a 10-year sex offender registry. In an Oregonian column, Rogan claims that the law is unconstitutional, because it violates his due process right and his privacy rights. Covan says, "They are requiring me to be a sex offender — which I'm not and I'm not even required to be registered — and this is a pretense for a violation of my Constitutional rights." There are some very important points in this due process argument. First, the law does not require Covan to register and thus remove the requirement it puts on sexual identity offenders. Second, under the liberal interpretation of "due process," the law is not clear on its face. Covan is legally required to register under the law, because the words "one-day registration" appear in the law. This means one day that the law is in place to commit you to a list of requirements. Third, the law establishes a presumption that is absurdly broad. In other words, there is a presumption that you know your sexual identity. One might think that the law might be malum prohibitum, meaning that it is not a good law. However, this is a civil law, where the punishment of crimes may be only nominal. d2c66b5586