Sex Offender Laws in the US | HRW
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We sell our products primarily Table of Contents through over 10, third-party physical retail stores, including custom installers of home audio systems. We also sell through select e-commerce retailers and our website sonos. Market Opportunity The following trends are changing how people consume entertainment and interact with the internet in the home: National Sex Offender Registry Congress should eliminate public access to the national sex offender registry.
If the national sex offender registry is to be maintained, Congress should direct the Department of Justice to ensure that the national sex offender registry includes only such information from state registries as is consistent with the above criteria. Residency Restrictions Neither states nor localities should have residency restriction laws that apply to entire classes of former offenders. Authorized residency restrictions should be limited to individually tailored restrictions for certain offenders as a condition of the terms of his or her probation, parole, or other mandated supervision.
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Treatment, Research, and Education Federal and state governments should support sex offender treatment programs as a key component of sex offender management. The Department of Justice and states should encourage and fund research to assess and compare the effectiveness of different strategies to prevent the perpetration and reoffense of sexual violence.
This research should include efforts to identify and assess the impact that registration, community notification, and residency restrictions have on registrants, their families, and communities. The Department of Justice should continue to support and fully fund the Center for Sex Offender Management, a national project of the Department of Justice's Office of Justice Programs, to provide training and education to communities to facilitate the safe reintegration of registrants.
Federal, state, and local governments should support collaborative efforts between citizens, law enforcement, offenders, victim advocacy and sexual violence prevention groups, and specialized sex offender treatment providers to enhance the successful reintegration of convicted sex offenders into the community in ways that promote community safety.
Federal, state, and local governments should support efforts to develop a range of strategies to prevent sexual abuse that go beyond control and treatment of former offenders, including educational programs for families, treatment and other resources for survivors of sexual violence, promotion of safety precautions by youth and adults, and those that treat the reduction of sexual violence as a public health campaign.
Sexual Violence in the United States Being sexually assaulted as a child, for me, was like having my heart ripped to shreds. I am still trying to put it all back together. But recidivism rates for sex offenders are not as high as politicians have quoted in their attempts to justify the need for overly harsh sex offender laws.
Jill Levenson, expert on sex offender treatment and management  Patty Wetterling, a national child safety advocate whose son was abducted in and is still missing, has aptly identified the core problem with US registration, community notification, and residency restriction laws for sex offenders: There is no silver bullet. Research on sexual violence reveals a very different picture of who the perpetrators are and what their likelihood of reoffending is compared to what the public assumes.
Sexual Violence Sex crimes constitute a relatively small proportion of reported violent crimes in the United States. According to crime victimization surveys, rape and sexual assault accounted for 3.
Furthermore, sexual violence is perhaps the most underreported violent crime, meaning that the number of victims of sexual violence is far higher than what is reported. For example, a study by the National Institute of Justice found that only one in five adult women rape victims 19 percent reported their rapes to police.
In there wererecorded victims age 12 and older of rape, attempted rape, or sexual assault. The assaults of juvenile victims were more likely to result in an arrest 29 percent than were adult victimizations 22 percentbut assaults against children under age six resulted in an arrest in only 19 percent of the cases. According to a report by the Crimes against Children Research Center at the University of New Hampshire, cases of child sexual abuse substantiated by child protection agencies fell 40 percent between and ; the report's authors believe that some of this drop reflects a decline in the occurrence of sexual abuse, in addition to other factors such as stricter reporting practices.
For adults, the emotional and psychological consequences of sexual violence can be profound and enduring, including depression, anxiety, and post-traumatic stress disorder. With the purpose of helping parents identify unknown convicted sex offenders in the neighborhood, sex offender laws like community notification schemes reflect the assumption that children and adults are most at risk from strangers.
Yet sexual violence against children as well as adults is overwhelmingly perpetrated by family members or acquaintances. The US Bureau of Justice Statistics has found that just 14 percent of all sexual assault cases reported to law enforcement agencies involved offenders who were strangers to their victims.
Although such crimes are seared into the public consciousness, they represent a tiny fraction of crimes against children. The US Department of Justice DOJ estimates that around children are abducted per year by non-family strangers-of which 46 result in the death of the victim. According to a analysis of 1, juvenile kidnappings, 49 percent of juvenile kidnappings are perpetrated by family members, 27 percent by an acquaintance, and 24 percent by a stranger.
Sex offender laws also reflect the assumption that previously convicted sex offenders are responsible for most sex crimes. Yet according to a US Department of Justice study, 87 percent of the people arrested for sex crimes were individuals who had not previously been convicted of a sex offense.
Legislators, public officials, and members of the public routinely claim that people who have committed sex offenses pose a great risk to the public because they have "astronomically high" recidivism rates. In addition, most of those who make public assertions about the recidivism rates of sex offenders take a "one-size-fits-all" approach; they do not acknowledge the marked variation in recidivism rates among offenders who have committed different kinds of sex offenses, nor the influence of other factors on recidivism.
Accurately measuring reoffense rates of people previously convicted of sex offenses is difficult, confounded by many factors. But numerous, rigorous studies analyzing objectively verifiable data-primarily arrest and conviction records-indicate sex offender recidivism rates are far below what legislators cite and what the public believes.
The US Department of Justice tracked 9, male sex offenders in 15 states who were released from prison in and found that within three years only 5. Yet it also indicates that three out of four sexually violent offenders do not reoffend. The study also found that recidivism rates varied markedly depending on the kind of sex crime committed.
For example, recidivism within four to six years of release from prison was 13 percent for child molesters, and 24 percent for rapists. There are also differences within types of crime. For example, men who molest boys have the highest measured rates of recidivism of any sex offender. State-specific studies have yielded similar results.
For example, in Ohio, only 8 percent of former sex offenders were reincarcerated for another sex offense within a year period. A federal study of prisoners released in found that Released rapists had a rearrest rate of 46 percent. Some of the public misapprehensions about the rates at which sex offenders recidivate may have originated with calculations by the Bureau of Justice Statistics BJS as to the relative likelihood at which released prisoners are rearrested for the same type of crime as that for which they had been in prison.
In a study published in based on prisoners released inthe BJS calculated that relative to other offenders, a rapist was For example, according to the Bureau of Justice Statistics, during the three years following release from prison in40 percent of the rearrests of sex offenders for new sex crimes occurred in the first year.
For example, the meta-analysis of sex offender recidivism studies cited above indicated that an average of 20 percent of all sex offenders would be arrested or convicted for another sex offense over a year period after being released into the community. But, for offenders who remained offense-free for five years, their recidivism rate for the next 10 years declined to 12 percent; for those who remained offense-free for 10 years, their recidivism over the next five years declined even further to 9 percent.
After 15 years offense-free, the recidivism rate for the next five years was 4 percent. One such factor is the relationship of the victim to the offender. Offenders whose victims were within the family recidivate at a significantly lower rate than offenders whose victims were outside of the family. Offenders older than 50 when released from prison reoffended at half the rate of those younger than percent versus 26 percent, respectively, after 15 years.
As one treatment provider told Human Rights Watch, "When an individual is caught and held accountable for his behavior, he often becomes motivated to get better. His behavior is no longer a secret, and it becomes a reckoning point for him-he must decide whether he is going to change his behavior, or face the consequences.
North Carolina Human Rights Watch did a case study of North Carolina to determine how many of the offenders on its online sex offender registry had been convicted of another sex offense after they were released from prison into the community, and the kinds of crimes for which the registrants were required to register.
We chose North Carolina because it is one of only two states that we could find whose registries list the date of release into the community.
North Carolina's registry includes persons convicted of sexually violent offenses,  offenses against minors,  and other sex offenses. The overwhelming majority, The earliest date of release in the sample was 12 years ago, and no offender living in the community years from release has been reconvicted for another sex offense. Of the 36 percent of the sample offenders who had been out of confinement for more than five but fewer than 10 years, only 2.
All four of these recidivists were reconvicted for "indecent liberties with a minor. Among the 13 registered sex offenders in our sample who were under 18 at the time of conviction, six were registered for indecent liberties with a minor, and four were convicted of second degree rape rape not involving the use of a weapon. Treatment Treatment of sex offenders can contribute to community safety. Offenders who participate in and complete treatment are less likely to reoffend than those who do not.
As the Center for Sex Offender Management CSOM has pointed out, the current emphasis on registration, community notification laws, and residency restrictions for individuals who have been convicted of sex offenses "has begun to overshadow the important role of treatment in sex offender management efforts. The classification, diagnosis, and assessment of sex offenders for treatment are complicated by a high degree of variability among individuals in terms of personal characteristics, life experiences, criminal histories, and reasons for offending.
These findings have been widely publicized, opening the door to public policies predicated on the assumption that "treatment doesn't work" and sex offenders will invariably recidivate. For example, a recent meta-analysis of 43 studies of 9, convicted sex offenders 5, treated and 4, untreated found that contemporary cognitive-behavioral treatment was associated with a 41 percent reduction in recidivism.
I think it makes sense that the police have the information they need to monitor my whereabouts. I committed a crime, and I accept that consequence. That consequence makes sense. It's the rest of it that doesn't.
Indeed, at least some registrants convicted of sexually violent crimes agree that registering with local law enforcement makes sense. They should monitor me.
I have no problem going down to the police station to register. It's the price I pay for what I did. This chapter describes who is required to register, for what, and for how long. The Role of Federal Law While a few states have had sex offender registries since the s, most states began creating registries in the s.
Federal law now requires states to maintain sex offender registries and has limited state discretion regarding who must register, and for how long. In the US Congress passed the Jacob Wetterling Crimes against Children and Sexually Violent Offender Registration Act, named after an year-old boy who was abducted at gunpoint while riding his bike near his home.
The Adam Walsh Act significantly expands the federal requirements of who must register as a sex offender. The Act defines a sex offense as a "criminal offense that has an element involving a sexual act or sexual contact with another. The Adam Walsh Act creates three tiers or levels of registrants, determined solely by the conviction offense, with Tier I crimes the least serious and Tier III crimes the most serious. The tiers dictate the duration of the registry requirement.
A registrant must not only register with local law enforcement in the jurisdiction where he or she resides, but must also register in the jurisdiction where he or she is employed or and goes to school. So, for example, a man convicted of soliciting an underage prostitute would have to register in the jurisdiction where he lives and also in the jurisdiction where he is employed if different and provide information about his employer to the police, even if his work does not involve contact with children.
One of the goals of the Act was to create more uniformity among state registration schemes, to avoid some of the confusion as to registration requirements when registrants moved to different states.
No Easy Answers
However, since the Act does not limit the authority of states to go beyond federal law see belowuniformity will still be elusive. Moreover, the Act will preclude state officials from instituting registration laws they deem more reasonable or effective but which fall below the federal mandate.
In Congress authorized the creation of a national registry of offenders convicted of coercive, penetrative sex with anyone, sex with children under the age of 12, recidivists of any sexual offense, and sexually violent predators. In any other context, my crime would never be considered a sex offense, and I would not be considered a threat to society. Expanding the Definition of Sex Offender Most people assume that a registered sex offender is someone who has sexually abused a child or engaged in a violent sexual assault of an adult.
A review of state sex offender registration laws by Human Rights Watch reveals that states require individuals to register as sex offenders even when their conduct did not involve coercion or violence, and may have had little or no connection to sex. At least five states require registration for adult prostitution-related offenses;  At least 13 states require registration for public urination; of those, two limit registration to those who committed the act in view of a minor;  At least 29 states require registration for consensual sex between teenagers;  and At least 32 states require registration for exposing genitals in public;  of those, seven states require the victim to be a minor.
Oklahoma Oklahoma law treats any type of public exposure as a sex offense that triggers 10 years on the sex offender registry, even if the offender had no sexual or lascivious motivation or intent at the time he or she exposed him- or herself. According to a local newspaper, nearly registrants appear on Oklahoma's website for engaging in indecent exposure. School officials notified the police, who took the young man away in handcuffs. He was incarcerated for four months pending trial, and pled guilty to indecent exposure.
In addition to community service and a five-year suspended sentence, he was required to register as a sex offender.
According to his mother, the stigma of the label drove him out of his community and away from his family. He dropped out of high school and moved to Tulsa. He had a hard time finding and maintaining employment. He was one month away from his 20th birthday. His mother now believes that some consideration should be given to sex offender registration requirements when the charge stems from a nonviolent act.
The sex offender registration requirements "changed his life.
Yet federal and state registration laws often require individuals to register for far longer. Federal law requires mandatory lifetime registration for some offenders, and some states require lifetime registration for all offenders, with the duration of the registration under both federal and most state laws keyed solely to the crime of conviction.
Tier I registrants can petition for removal from registration requirements if they maintain a clean record for 10 years. But Tier II offenders and Tier III offenders must register for 25 years or the rest of their lives, respectively, regardless of how long they live offense-free or present other evidence of rehabilitation.
But the law does not prevent states from setting longer registration requirements. Seventeen states currently require lifetime registration for all registrants-from the most minor offenders to the most serious. Two of these states, Alabama and South Carolina, do not provide any means by which a registrant might secure release from the registry requirement.
The other 15 states allow some registrants to petition a court for removal from registration requirements after living in the community offense-free for a specific number of years. Six of these states permit lifetime registrants to petition for early release of the registration requirements. How Bad Can Registration Be? I was adjudicated when I was 12 years old. I found some pornographic videos in my parents bedroom they were well hidden but I was a kid and overturned everything and invited some neighbor friends over to watch it while my parents were away.
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