JACKSONVILLE, Fla. -- Two Middleburg children are grieving the loss of their mother. One of those children police say is also dealing with the effects of being sexually assaulted. The man officers believe is behind both horrific crimes, Donald Davidson, is behind bars. Davidson's criminal history includes several violent offenses and deputies say he also served time for sexually assaulting a child under the age of 12 in 2004. Clay County's Sheriff, Rick Beseler says before Monday night Davidson had complied with everything state law requires for a sexual predator.
"We have become recently the harshest state for sex offenders," said Dr. Kaye Smith. "We weren't that one year ago. He didn't get stopped in time to fall under the new state statute law of the Jimmy Ryce Act. Because with this man's background he should of remained incarcerated."
Smith heads ReClaim Global, a national advocacy group for the prevention of childhood sexual abuse. She says Davidson slipped through the cracks of the justice system.
"There's always second guessing about whether or not if someone had been in prison would a crime had occurred," said Beseler. "If we had a crystal ball we can look into it and tell who's going to do things and we could prevent every crime."
Beseler says Davidson served his time for previous crimes and before cutting off his ankle monitor Monday night, he complied with the law's requirements. Davidson is accused of brutally stabbing a 37-year-old Middleburg mother and kidnapping and sexually assaulting her 10-year-old daughter.
"That just should have never happened," said Smith.
Smith keeps a close eye on legislation concerning protecting potential victims. In April of this year a package of bills were signed into law by Governor Rick Scott, designed to harden Florida's sex offender laws. It doubled the mandatory minimum sentence for rapists who victimize children under 12 to 50 years and eliminated reducing sex offenders' prison sentences for good behavior. Smith says she's pleased with the move but concerned about the offenders who have already been let back into our society, prior to new laws.
"We have a population of sex offenders roaming around in our state that don't fall under those laws that haven't fallen under those laws, we have a mess today," said Smith. "So as communities we have to think smarter and be better at protecting our children. We have no other option."
Also included in the state reforms is strengthening a current act named in memory of Jimmy Ryce, a South Florida boy who was raped and murdered.
Under the act the Department of Children and Family Services evaluates sex offenders before they're released from prison. Those who are considered likely to attack again can be sent to a treatment facility for further evaluation. Davidson is charged with kidnapping, capital sexual battery and auto theft. Prosecutors are expected to add murder to the charges on Wednesday.
