Child safety activist questions the wisdom of sex offender laws

May 01, 2013

Eleven-year-old son Jacob Wetterling made national headlines after he was abducted at gunpoint in 1989 and never seen again. In the years following the abduction, Jacob's mother, Patty Wetterling, was instrumental in the widespread enactment of sex offender registration laws in the United States. In a recent interview, however, Wetterling explained her growing concerns about how these laws have evolved and the negative impact they may be having on public safety -- as well as on many of the individuals required to register as sex offenders. Given Wetterling's personal history, her criticisms of the current sex offender laws carry particular weight.

The Jacob Wetterling Act

The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act was passed in 1994, requiring each state to maintain a registry of convicted sex offenders and their whereabouts after they are being release from prison. At first, the law allowed states to decide for themselves whether to make the information in the registry publicly available. Two years later, however, Congress passed an amendment, known as Megan's Law, which requires states to notify community members when a registered sex offender moves into an area.

As described by City Pages, an alternative news weekly in Minnesota, Wetterling's home state, early sex offender registration laws were vastly different from those in effect today, and their application was substantially more limited. In their original form, sex offender registration laws were to be used only by law enforcement as a tool for narrowing down potential suspects. Over time, however, these laws have grown increasingly punitive and expansive in their scope -- to such an extent that Wetterling herself has grown increasingly critical of them.

Increasingly harsh, but less effective?

Today's sex offender laws require registration for people convicted of a wide range of sex crimes, often including nonviolent offenses like public urination in certain states. Registry information, including the names, photographs and addresses of registrants, is publicly available and easily accessible online, but the details of their convictions aren't always disclosed. As a result, people convicted of relatively minor offenses are often lumped in with serious, repeat offenders, and are made to suffer the same negative consequences of people convicted of far more serious crimes.

Another troubling aspect of modern sex offender laws are the ordinances passed by many municipalities restricting where registrants may live, for instance barring them from living in neighborhoods near schools or playgrounds. In some cities, these restrictions can make it close to impossible for registered sex offenders to find housing, creating an additional barrier to rehabilitation and reintegration into society that may continue long after an individual has served his or her prison sentence.

Not only can today's far-reaching sex offender laws be overly punitive, Wetterling says, but they may also defeat the purpose of the registry itself by clogging the system with people who do not present a serious ongoing threat, making the registry less effective as a law enforcement tool. There are near 750,000 registered sex offenders living in the U.S. today, City Pages reported, representing an increase of 23 percent from just six years ago.

Contact an attorney if accused of a sex crime

In today's legal and political landscape, conviction of a sexual offense can be more devastating than ever, both legally and personally. Anyone facing allegations of sex crimes should speak with a criminal defense lawyer right away to help protect their rights during the investigation and to ensure the best chances of an optimal outcome.

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