Questioning the Deprivation of Sex Offender Rights and Opportunities

May 17, 2012 (Press-News.org) Across the United States, approximately 747,408 individuals are listed on sex offender registries. Contrary to popular belief, they are an incredibly heterogeneous group; they come from all walks of life, represent varied demographics and have criminal histories that range from a single relatively minor infraction to a laundry list of antisocial behavior.

Despite their diversity, sex offenders are treated much the same: they are listed on registries for all the public to see, they are prohibited from holding certain jobs or living in particular areas, they are often kept under the watchful eye of law enforcement officials long after they have completed their sentences. As part of a growing trend, sex offenders are even being banned from social networking, online dating and virtual gaming. The question we must ask is, "Do these policies make sense?"

Those Convicted of Sex Crimes Reoffend Less Frequently

The idea that those convicted of serious crimes may, by the nature of their offenses, forfeit certain rights is well-established in our system of justice. For instance, even after completing their sentences, any felon may be prohibited from wielding a firearm, or banned from service on a jury. Sex offenders alone, however, face the almost certain prospect of registration and the vastly restrained rights such registration entails.

Research does indicate that a small subset of sex offenders have a higher likelihood of reoffending until they reach an age at which they no longer feel sexual urges. However, the vast majority of sex offenders are actually less likely to commit new crimes, as compared to other felons.

A study from the Department of Justice found that just 5.3 percent of offenders convicted of the most serious sex crimes -- rape or sexual assault -- were rearrested on another sex charge during the three years following their release from prison. When all types of crime were included, 43 percent of sex offenders were rearrested within three years, compared to 68 percent of offenders imprisoned on non-sex charges; during the time period studied, sex offenders were 25 percent less likely to reoffend than other felons.

Questioning Status Quo Policies

So why the registries, the restrictions, the crackdown on basic freedoms? For example, does it truly make sense to prohibit an entire segment of society from playing particular online Xbox games? Every parent rightly wants to protect his or her child from the horror of sexual molestation. But taken to extremes, even a good thing like parental devotion or a sense of civic duty can lead to devastating policies that sound good on paper but have no proven effect in terms of lowering victimization rates.

Ironically, the characteristic ratcheting up of sex offender laws has resulted in a web of registries and requirements that is actually bad for potential victims. "There's no way to tell who's dangerous and who isn't," Republican lawmaker Rodney Schad recently told the publication Stateline. Indeed, bloated sex offender lists are less useful to the public than ones which are targeted at the most serious offenses, In addition, these registries are significantly expensive.

And what of the people whose rights are in question? Many have committed acts that are considered lower-level offenses. For example, 13 states require sex offender registration for urinating in public offenses; no less than 29 states place teenagers who had consensual sex with another teenager on the registry; and, 32 states have sex offender registration for flashers and streakers.

Broad restrictions on the rights of so wide a swathe of people, often for low-level offenses, are worthy of reexamination. Restriction on sex offenders' basic internet activities is just the latest example of activity which may ultimately disproportionate to the offenses of many. According to the New York Times, more than three years ago a task force created by 49 state attorneys general concluded that the sexual solicitation of children online "really is not a significant problem" -- flying the face of public perception, kids were found to be highly unlikely to be propositioned over the internet.

Unfortunately, few seem to be listening, not even those behind the research. Although it may do little to prevent California sex crimes, the state's attorney general had this to say in a 2012 news release following the announcement of a slew of new online forum policies banning sex offenders: "I commend these companies for committing to these important consumer protections."

Competent Legal Representation may Assist the Accused and Convicted

Registration as a sex offender can cause significant harm to your life. If you are already listed on a sex offender registry and need help stemming the damage, or if you are potentially facing charges for a sex crime, the importance of retaining a qualified attorney is similarly significant. Help safeguard your rights by contacting an experienced criminal defense attorney today.

Article provided by Valencia, Ippolito & Bowman
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