'Lifetime' registered sex offender convicted of abusing relative in 2016 now trying to get off list

WHARTON COUNTY, Texas (KTRK) -- "Lifetime" sex offender registration may not be for life.

Destiny Herrera was just 12 years old when she says her then 19-year-old half-brother John Edward Herrera began sexually abusing her.

"He took my first sexual experience. My first kiss. He took my teenage years," she said.

At age 13, Destiny Herrera reported the abuse, and a self-described downward spiral began. She made multiple suicide attempts.

"She started doing cocaine, which led to a gang rape and then led to human trafficking," her mother, Nancy Cantu, said.

Concerned for her daughter's well-being, Cantu accepted a plea deal on her behalf.

Edward Herrera was convicted of indecency with a child.

In June 2016, Wharton County Judge Ben Hardin ordered he have "no contact of any form with the victim" and "lifetime sex offender registration."

This year, at age 22, Destiny Herrera was informed that Edward Herrera was attempting to be removed from the list.

"I feel like he's taking again," Destiny Herrera said. "I think I was angry more than anything knowing that he's able to come back in whenever he wants and destroy everything like he did when I was younger."

ABC13 contacted Wharton County District Attorney Dawn Allison, who confirmed that a person can be taken off the registry "under very limited circumstances."

"As per Articles 62.401-62.408 of the Texas Code of Criminal Procedure, there is a process for registries to be taken off the Sex Offenders Registry. This particular offense, indecency with a child (13-17 years old), is one of the types of offenses where deregistration is allowed," she added.

Allison confirmed Edward Herrera has a hearing set for July 10. She added that Destiny Herrera may have to testify at it.

Destiny Herrera told ABC13 she is currently pregnant and worried about the stress the legal process may have on her unborn baby.

Still, she is considering pursuing charges she left on the table during the plea deal in an attempt to quash the deregistration attempts.

"My fear with all of this is they'll grant in his favor, and then he'll have the opportunity to do this again to somebody else," she cried.

Allison said she is "opposed" to the hearing. However, the "final decision is completely up to the judge's discretion."

She said this is the first time in her 25 years practicing in Wharton County that a sex offender has attempted to deregister.

A public information officer for the Harris County District Attorney's Office said they do not keep track of the number of "lifetime" registered sex offenders removed from the list.

ABC13 has filed an open records request with Texas Health and Human Services seeking to confirm how many sex offenders are removed from the list each year.

Cantu told ABC13 she is worried her daughter's case will discourage other victims from coming forward.

The two women hope to change the law and prevent others from "being revictimized" by sharing their stories.

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