Sex offender

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This article is about the criminal term. For the novel, see The Sex Offender: A Novel. For the Polkadot Cadaver album, see Sex Offender (album).

A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a sex crime or, in some instances, mere public urination.[1] What constitutes a sex crime differs by culture and legal jurisdiction. Most jurisdictions compile their laws into sections, such as traffic, assault, and sexual. The majority of convicted sex offenders have convictions for crimes of a sexual nature; however, some sex offenders have simply violated a law contained in a sexual category. Some of the crimes which usually result in a mandatory sex-offender classification are: a second prostitution conviction, sending or receiving obscene content in the form of SMS text messages (sexting), relationship between young adults and teenagers resulting in corruption of a minor (if the age between them is greater than 1,060 days; if any sexual contact was made by the adult to the minor, child molestation has occurred). If sexual conduct occurred, unlawful sexual conduct involving a minor has occurred. Other serious offences are sexual assault, statutory rape, bestiality, child sexual abuse, female genital mutilation, incest, rape, and sexual imposition.

Overview

An example of a digital obscenity offence is child pornography. In the modern world of technology, many jurisdictions are reforming their laws to prevent the over-prosecution of sex offenders and focusing on crimes involving a victim. The term "sexual predator" is often used to describe a sex offender or any of the "tier offenders"; however, only the category just below sexually-violent sexual predator is reserved for a severe or repeated sex offender: sexual predator. The Adam Walsh Act (AWA) proposed to provide funding to each jurisdiction which would agree to incorporate its Act into their law. In the few jurisdictions accepting the agreement, there are Tier I, Tier II, or Tier III sex offenders. Individuals convicted of petty crimes not covered by the AWA are still liable to abide by the previous regulations denoting them as a sex offender (or habitual sex offender, sexual predator, sexually violent sexual predator, or child-victim offender).

In the United States, the United Kingdom, and other countries, a convicted sex offender is often required to register with the respective jurisdiction's sex offender registry. In the U.S., registry databases are often open to the public. Sexual offenders are sometimes classified by level.[2] The highest-level offenders generally must register for their entire lives; low-level offenders may only need to register for a period of time.

Recidivism

A 2002 study by the United States Department of Justice indicated that recidivism rates among sex offenders was 5.3 percent; that is, about 1 in 19 of released sex offenders were later arrested for another sex crime. The same study mentioned that 68 percent of released non-sex offenders were rearrested for any crime (both sex and non-sex offenses), while 43 percent of the released sex offenders were rearrested for any crime (and 24 percent re-convicted).[3]

A collection of official studies spanning the years 1983–2010 for all 50 states and the federal government of the US has been assembled. This URL provides a spreadsheet and .zip file containing sources supporting the DOJ study, where the average recidivism of sex offenders committing new sex crimes since 1983 is approximately 9 percent, compared to the 42 percent average recidivism rate for all felony offenders committing any new felony offense.

According to the Office of Justice Programs (OJP) of the United States Department of Justice,[4] in New York State, the recidivism rate for sex offenders has been shown to be lower than any other crime except murder. Another report from the OJP which studied the recidivism of prisoners released in 1994 in 15 states (accounting for two-thirds of all prisoners released in the United States that year)[5] reached the same conclusion.

In 2007 the State Bureau of Investigation in North Carolina made significant changes to its sex-offender registration system, including new search criteria that include an "offender status" search (enabling an explicit search for convicted sex-offense recidivists in the sex-offender database). Manual searches (by county) using the new criteria yield some of the lowest recidivism rates ever disseminated by any law-enforcement establishment. In the entire state of North Carolina there are only 71 recidivists shown on the registry, if incarcerated offenders are included. Per-county results for "registered"-status offenders (compared with "recidivist"-status offenders) on the North Carolina registry yield actual convicted recidivist percentages ranging from zero to a fraction of one percent.[6]

Of released sex offenders who allegedly committed another sex crime, 40 percent perpetrated the new offense within a year or less from their prison discharge. Within three years of release, 2.5 percent of released rapists were rearrested for another rape, and 1.2 percent of those who had served time for homicide were arrested for a new homicide. Of the 9,691 male sex offenders released from prisons in 15 US states in 1994, 5.3 percent were rearrested for a new sex crime within 3 years of release. Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison (5.3 percent of sex offenders, versus 1.3 percent of non-sex offenders). An estimated 24 percent of those serving time for rape and 19 percent of those serving time for sexual assault had been on probation (or parole) at the time of the offense for which they were in state prison in 1991. On a given day in 1994, there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60 percent of these sex offenders were under conditional supervision in the community.

Approximately 4,300 child molesters were released from prisons in 15 US states in 1994. An estimated 3.3 percent of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison. Among child molesters released from prison in 1994, 60 percent had been in prison for molesting a child 13 years old or younger. The median age of victims of those imprisoned for sexual assault was less than 13 years old; the median age of rape victims was about 22 years. Child molesters were, on average, five years older than violent offenders who committed their crimes against adults. Nearly 25 percent of child molesters were age 40 or older, but about 10 percent of inmates with adult victims were in that age group.[3]

Post-incarceration registries and restrictions

A sex offender registry is a system in place in a number of jurisdictions designed to allow authorities to keep track of the residence and activity of sex offenders (including those released from prison). In some jurisdictions (especially in the United States), information in the registry is made available to the public via a website or other means. In many jurisdictions, registered sex offenders are subject to additional restrictions (including housing). Those on parole (or probation) may be subject to restrictions not applicable to other parolees or probationers.[7] These include restrictions on being in the presence of minors, living in proximity to a school or daycare center, or owning toys (or other items of interest to minors).

Megan's Law, in the U.S., is designed to sanction sex offenders and reduce their recidivism rate. The law is enacted and enforced on a state-by-state basis. Most states also restrict where convicted sex offenders can live after their release, prohibiting residency within a designated distance of schools and daycare centers (usually 1,000–2,000 feet (300–610 m)). Guided by the 2007 Adam Walsh Child Protection and Safety Act, sex offenders must avoid of such areas as schools, bus stops, gyms, recreation centers, playgrounds, parks, swimming pools, libraries, nursing homes, and places of worship by 500 to 2,500 feet (150 to 760 m). However, residence stipulations vary from state to state. Some states (such as Arkansas, Illinois, Washington and Idaho) do not require sex offenders to move from their residences if a forbidden facility is built or a law is enacted after the offender takes up residency. Many aspects of the laws are criticised by reformists and civil right groups like National RSOL[8] and Human Right Watch,[9][10] and treatment professionals as Atsa.[11][12]

Committing to a residence requires a convicted sex offender to be notified of registration regulations by local law enforcement if convicted after January 1, 2005. The offender must act upon the notification within five business days of receipt. If and when an offender is released from incarceration, they must confirm their registration status within five business days. Registration data includes the offender’s sex, height, weight, date of birth, identifying characteristics (if any), statutes violated, fingerprints and a current photograph. An offender’s email addresses, chat room IDs and instant-messaging aliases must be surrendered to authorities. In Colorado, an offender must re-register when moving to a new address, changing their legal name, employment, volunteer activity, identifying information used online or enrollment status at a post-secondary educational institution. A web-based registration list may be found on county websites, which identifies adult convicted sex offenders who are sexually-violent predators convicted of felony sexual acts, crimes of violence or failure to register as required. Legally, “any person who is a sexually violent predator and any person who is convicted as an adult...has a duty to register for the remainder of his or her natural life”.[13] Exceptions to this include deferred sentencing for the offense or petition of the court for termination of registration.[14]

Therapies

Behavior modification programs have been shown to reduce recidivism in sex offenders.[15] Often, such programs use principles of applied behavior analysis. Two such approaches from this line of research have promise. The first uses operant conditioning approaches (which use reward and punishment to train new behavior, such as problem-solving)[16] and the second uses respondent conditioning procedures, such as aversion therapy. Many of the behaviorism programs use covert sensitization[17] and/or odor aversion: both are forms of aversion therapy, which have had ethical challenges. Such programs are effective in lowering recidivism by 15–18 percent.[18] The use of aversion therapy remains controversial, and is an ethical issue related to the professional practice of behavior analysis.

In 2007, the Texas State Auditor released a report showing that sex offenders who completed the Texas Sex Offender Treatment Program (SOTP) were 61 percent less likely to commit a new crime.[19]

Chemical castration is used in some countries and states to treat male sex offenders. Unlike physical castration, it is reversible by stopping the medication. For male sex offenders with severe or extreme paraphilias, physical castration appears to be effective. It results in a 20-year re-offense rate of less than 2.3 percent (versus 80 percent in the untreated control group), according to a large 1963 study involving a total of 1036 sex offenders by the German researcher A. Langelüddeke.[20] This was much lower than otherwise expected, compared with overall sex offender recidivism rates. Although considered cruel and unusual punishment by many, physical castration does not otherwise affect the lifespan of men (compared with uncastrated men).[citation needed]

Risk assessment

Therapists use various methods to assess the threat of sex offenders. Tests used to determine a sex offender's recidivism risk include:

Controversy

It is argued that in U.S. sex offenders have been selected as the new realization of moral panics about sex, stranger danger, and national paranoia, the new folk devils or boogeymen. People convicted of any sex crime are "transformed into a concept of evil, which is then personified as a group of faceless, terrifying, and predatory devils", who are contrary to scientific evidence perceived as constant threat in our neighborhoods, habitually waiting for opportunity to attack.[23] Consequently, sex offenders are brought up by media on Halloween, despite the fact that there has never been a recorded case of abduction or abuse by a registered sex offender on Halloween.[23]

Academics, treatment professionals[11][24] and law reformist groups as National RSOL[25] and WAR[26] criticize current sex offender laws being based on media driven moral panic and "public emotion", rather than deliberate attempt to protect the society,[23][27][28][29][30][31] attracting the legislators to deliver knee-jerk laws[32] which echoes "populist punitiveness" to counter the public hysteria,[33] and to collect votes by appearing conspicuously vigilant on subjects related to sex offenders.[34] One discrepancy pointed out by critics, is that John Walsh, father of Adam Walsh and supporter of Adam Walsh Act has admitted having a relationship with a 16 year old girl while being on his early 20s and aware of age of consent being 17 in New York,[35] meaning that, had he been convicted, John Walsh himself could be required to register as a sex offender. Since passage of Adam Walsh Act, Walsh himself has criticized the law, stating "You can't paint sex offenders with a broad brush."[36] Critics point out that contrary to the media depictions, abductions by predatory offenders are very rare[37] and 95% of child abuse is committed by perpetrator known to the child, as well as U.S Department of Justice studies finding sex offender recidivism to be 5.3%[38] which compares as second lowest of all offender groups, only those convicted of homicide having lower rate of recidivism.[39]

Critics say that, while originally aimed at the worst offenders, as a result of moral panic; the laws have gone through series of amendments, many named after victim of highly publicized predatory offense, expanding the scope of the laws to low-level offenders, and treating them the same as predatory offenders, leading to disproportional punishment of ending on public sex offender registry, and subjecting them to strict rules restricting movement and residency.[26][37] As a result of the media narrative of sex offenders, highlighting egregious offenses as typical behavior of a sex offender, and distorting the facts of cases,[40] the panic has been said to increased, leading legislators to attack judicial discretion,[40] by making registration mandatory based strictly on offense of conviction, without considering the likelihood to re-offend or the actual severity of the crime, thus catching less serious offenders under the harsh sex offender laws.

See also

Articles

Laws

Monitoring, assessment, other

Offenders

Victims

Activists

Shows & organizations

References

  1. ^ Sex offender ordinance catches family in legal tangle, MSNBC.com
  2. ^ US Office of Justice Programs Archived from the original 2012-05-05.
  3. ^ a b BOJ Recidivism of Sex Offenders Released from Prison in 1994, November 2003 http://bjs.ojp.usdoj.gov/content/pub/pdf/rsorp94.pdf
  4. ^ U.S. Department of Justice Criminal Offenders Statistics: Recidivism, statistical information from the late 1990s and very early 2000s, retrieved May 4, 2007
  5. ^ Recidivism of Prisoners Released in 1994, June 2002 http://bjs.ojp.usdoj.gov/content/pub/pdf/rpr94.pdf
  6. ^ North Carolina Sex Offender and Public Protection Registry, searches performed as of May 6, 2007
  7. ^ Sex Offender Registry Review 2007
  8. ^ Lovett, Ian (October 1, 2013). "Restricted Group Speaks Up, Saying Sex Crime Measures Go Too Far". The New York Times. Retrieved 14 November 2014. 
  9. ^ "No Easy Answers: Sex Offender Laws in the US". Human Rights Watch. 11 September 2007. Retrieved 2011-02-21. 
  10. ^ Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US Human Rights Watch 2013 ISBN 978-1-62313-0084
  11. ^ a b "The Registration and Community Notification of Adult Sexual Offenders". http://www.atsa.com. Association for the Treatment of Sexual Abusers. April 5, 2010. Retrieved 14 November 2014. 
  12. ^ "Sexual Offender Residence Restrictions". http://www.atsa.com. Association for the Treatment of Sexual Abusers. April 5, 2010. Retrieved 14 November 2014. 
  13. ^ Committee of Legal Services, State of Colorado General Assembly.
  14. ^ Colorado Bureau of Investigation, Colorado Division of Criminal Justice, Colorado Sex Offender Management Board.
  15. ^ Marshall, W.L., Jones, R., Ward, T., Johnston, P. & Bambaree, H.E.(1991). Treatment of sex offenders. Clinical Psychology Review, 11, 465-485
  16. ^ Maguth Nezu, C., Fiore, A.A. & Nezu, A.M (2006). Problem Solving Treatment for Intellectually Disabled Sex Offenders. International Journal of Behavioral Consultation and Therapy, 2(2), 266-275 BAO
  17. ^ Rea, J. (2003). Covert Sensitization. The Behavior Analyst Today, 4 (2), 192-201 BAO
  18. ^ Marshall, W.L., Jones, R., Ward, T., Johnston, P. & Bambaree, H.E.(1991). Treatment of sex offenders. Clinical Psychology Review, 11, 465-485
  19. ^ “An Audit Report on Selected Rehabilitation Programs at the Department of Criminal Justice.” Texas State Auditor. March 2007. Report No. 07-026. Retrieved Oct 20, 2009. http://www.sao.state.tx.us/reports/main/07-026.html
  20. ^ http://www.brainphysics.com/research/ocpara_bradford99.html "THE PARAPHILIAS, OBSESSIVE COMPULSIVE SPECTRUM DISORDER, AND THE TREATMENT OF SEXUALLY DEVIANT BEHAVIORS" by J. M. W. Bradford
  21. ^ [1][dead link]
  22. ^ [2][dead link]
  23. ^ a b c Extein, Andrew (25 October 2013). "Fear the Bogeyman: Sex Offender Panic on Halloween". Huffington Post. Retrieved 26 November 2014. 
  24. ^ Rogers, Laura (July 30, 2007). "Comments on Proposed Guidelines to Interpret and Implement the Sex Offender Registration and Notification Act (SORNA)". http://www.atsa.com/. Association for the Treatment of Sexual Abusers. 
  25. ^ "Our History". http://nationalrsol.org. Reform Sex Offender Laws, Inc. Retrieved 25 November 2014. 
  26. ^ a b Levin, Sam (5 September 2013). "Missouri Sex Offenders: "Women Against Registry" Says Labels Unfairly Destroy Lives". Riverfront Times. Retrieved 26 November 2014. 
  27. ^ Maguire, Mary; Singer, Jennie Kaufman (4 December 2010). "A False Sense of Security: Moral Panic Driven Sex Offender Legislation". Critical Criminology 19 (4): 301–312. doi:10.1007/s10612-010-9127-3. 
  28. ^ Walker, Bela (19 January 2011). "Essay: Deciphering Risk: Sex Offender Statutes and Moral Panic in a Risk Society". The University of Baltimore Law Review 40 (2). 
  29. ^ Spohn, Ryan (31 July 2013). "Nebraska Sex Offender Registry Study Final Report". University of Nebraska - Omaha. p. 51. Retrieved 21 November 2014. 
  30. ^ Fox, Kathryn J. (28 February 2012). "Incurable Sex Offenders, Lousy Judges & The Media: Moral Panic Sustenance in the Age of New Media". American Journal of Criminal Justice 38 (1): 160–181. doi:10.1007/s12103-012-9154-6. 
  31. ^ Lancaster, Roger (20 February 2013). "Panic Leads to Bad Policy on Sex Offenders". The New York Times. 
  32. ^ Wright, Richard G. (2014). Sex offender laws : failed policies, new directions (Second edition. ed.). Springer Publishing Company. p. 64. ISBN 0826196713. 
  33. ^ Mcalinden, Anne-Marie (1 May 2006). "Managing risk: From regulation to the reintegration of sexual offenders". Criminology and Criminal Justice 6 (2): 201. doi:10.1177/1748895806062981. 
  34. ^ Mansnerus, Laura (29 May 2005). "ON POLITICS; Stoking 'Moral Panic' Over Sex Offenders". The New York Times. 
  35. ^ Walsh, John; Walsh, Susan (2008). Tears of rage : from grieving father to crusader for justice: the untold story of the Adam Walsh case. New York: Pocket Books. p. 9. ISBN 1439136343. I never gave much thought to how old Reve was. She was pretty, and she dressed sharp. And there was also that body. We were starting to kind of hang around together. She took me horseback riding, and we went skiing. She was always into her own thing, and I like that. Then one night Tom Roche was sitting around in my place and picked up a copy of that day’s Buffalo Evening News. It was a picture of Reve, who had just won an art contest. ‘Holy Jesus, Mary, and Joseph,’ Tom said. ‘There is a picture of Reve in the paper, John, and she's 16 years old.’ But you know, she had this way about her. She had a certain presence. And after awhile I just got over how young she was. She was way more sophisticated than anybody in her high school and she always dated older guys. She had a fake ID. That's how she got into Brunner’s. She was born with high school. She was into art and her horses. And even then, she always seemed very… I don't know, serene. We weren't madly in love with each other. Though we had a good time together, and I relaxed a little after she turned 17." 
  36. ^ Koch, Wendy (26 February 2007). "Sex-offender residency laws get second look". USA Today. 
  37. ^ a b Lancaster, Roger (20 February 2013). "Panic Leads to Bad Policy on Sex Offenders". The New York Times. Retrieved 26 November 2014. 
  38. ^ Langan, Patrick; Schmitt, Erica; Durose, Matthew (November 2003). "Recidivism of Sex Offenders Released from Prison in 1994". U.S. Department of Justice. Retrieved 26 November 2014. 
  39. ^ Langan, Patrick; Schmitt, Erica; Durose, Matthew (November 2003). "Recidivism of Prisoners Released in 1994". U.S. Department of Justice. Retrieved 26 November 2014. 
  40. ^ a b Fox, Kathryn J. (28 February 2012). "Incurable Sex Offenders, Lousy Judges & The Media: Moral Panic Sustenance in the Age of New Media". American Journal of Criminal Justice 38 (1): 160–181. doi:10.1007/s12103-012-9154-6. ISSN 1936-1351. 

External links