It’s time for a new direction in sexual offense policy
JOHN COVERT — Among all the policy experiments in this country that have thoroughly missed the mark, sex offense registries have surely earned their own special niche.
Registries have been examined in numerous academic studies over the past several decades and virtually all of them have found that registries do not accomplish what they were intended to do. They do not reduce recidivism.
They do not prevent sex offenses. They do not protect children. They do not make communities safer.
These findings certainly run counter to the beliefs of some policy makers seemingly more interested in inflicting additional punishment on past crimes or enhancing their “tough on crime” personas. New directions must be taken—employing evidence-based reforms focused on intervention and treatment methods that have been shown to reduce sexual violence.
Sex offense registries in this country go back to the mid-20th century, when they had the limited aim of providing law enforcement (and only law enforcement) with contact information on those who had committed specific types of offenses.
Then, in 2003, the U.S. Supreme Court upheld Alaska’s relatively lean registry, using the now debunked premise that people convicted of a sex offense have an exceptionally high recidivism rate. Policy makers around the country took it as an invitation to pile on new regulations and requirements, vastly expanding registries that had once focused on a narrow spectrum of serious crimes to include an ever-growing list of offenses, even including such things as public urination and sex among underage teenagers.
Those who seek to maintain, and even expand, sex offense registries make the claim that those convicted of a sex offense cannot be rehabilitated and need to be under constant surveillance. However, study after study has shown that therapeutic interventions largely lead to success. In fact, those convicted of sex offenses have essentially the lowest recidivism rate among all classes of offenders; a study done by the U.S. Department of Justice found a reconviction rate of 3.5% among individuals in 15 states released over a three-year period.
So, if registries do not work as intended, what can be done?
The American Law Institute (ALI) provided recommendations on where states might go when it adopted extensive model penal code revisions regarding sex offense registries in 2021. ALI’s model codes are enormously influential in the courts and legislatures, and in legal scholarship and education.
ALI’s proposed changes match the recommendations of academic literature, which shows that people convicted of sexual offenses have low reoffense rates and that registration hinders rehabilitation and reintegration into society.
Specifically, it recommends restricting the information on registries to be available to law enforcement only, limiting those registered to only the most dangerous, and shortening the length of time individuals must remain on the registry.
The first is important because publicly listing those convicted of a sex offense on the internet exposes them to a variety of negative consequences, ranging from public shaming, physical intimidation and violence, and difficulties in finding employment and a place to live.
The requirement of lifetime registration that many states, including Arizona, impose carries burdens for many convicted of a sex offense, often preventing them from ever being able to fully reintegrate into their communities even many years after the offense.
In her dissent in the Alaska Supreme Court case Justice Ruth Bader Ginsburg noted that many registries, including Arizona’s, make no provision at all for the possibility of rehabilitation. “However plain it may be that a former sex offender currently poses no threat of recidivism,” she wrote, “he will remain subject to long term monitoring and inescapable humiliation.”
At a time when the American Law Institute, virtually all available research and a growing body of public and professional opinion reflects the reality that our current sexual offense policies do not work, it is important for Arizona to take a new direction.
John Covert is a member of the Arizonans for Rational Sex Offense Laws Executive Committee.
The sex registry is a gov database. It is a Gov’t property. Maintaining the machine requires speech and reenactment of the original arrest processes. The machines maintenance is a form of involuntary servitude, Intriguingly ” Involuntary servitude ” wasn’t mentioned in Smith V Doe during the probative weighing. How nice for the purveyors of database properties, who claim databases can deter crime thru knowledge. I know how my neighbor will vote because of the sign in their yard. Does my knowledge deter the neighbor from acting. Beware the purveyors, because they also claim their databases can be secured and that is false. Millions of American SSI records have recently been compromised.
BINGO!
Michigan State Supreme Court uses the phrase cruel and unusual punishment associated with their registry. Who has historically been morally ok with “cruel regimes” regimes? How about fascists? Do fascists abide by due process? Certainly not! Do fascist operate within militaristic governments? Do fascists engage in hyper paranoid propaganda? Do fascists engage in the use of blacklists? Do fascists engage in high amounts of warrantless policing activities. Some thinks “crypto” can be controlled by the people of the US. That is Laughable. They’ll regulate crypto like they regulate robocalls.
It would be nice to see such measures implemented. I’m just going to share my example because I’m a registered sex offender. I was a nigh time college professor, and got to third base with a student at the college. I had NO idea that he had finished high school early and was only 17y 9m. Sure, he still lived with his parents, but that isn’t uncommon for people in their sophmore year of a local college. All of this went into evidence as well as other things to support him being early 20s.
I was sent to a max security prison, where I lived next door to death row as a “cho-mo” for 4 years, while I waited on my appeal to go through. My sentence was overturned, and I was immediately released with a court order that says in bold capital letters “NO SEX OFFENDER CONDITIONS”. But I was required to register, on a registry based on victims 16 and under. And it’s not even what I did, but where I did it. I have been out of prison, for almost 2 years to the date, and I am stared at, targeted, viewed equally as someone that ie raped a 5 years old, still can not get a job anywhere. No one, not even production factories, will hire me. When my mother passes, I will be left with no means of food, clothing, or shelter. We are talking basic human necessities because I legit made a mistake developing an intimate relationship with one of the 30,000 students at the college I taught, that had not, was not, and never would be one of my students.
The felony hurts me for employment, but the registration (because I’m required to list where I work), is what completely prevents me from getting a job. I never had as much as a ticket, and have so much to give, but I am horrendously shamed as if pre-pubescent children are my fetish. It’s not right. If the judge did not feel that I needed any type of rehabilitation or supervision around minors (no conditions in my order), how can I remotely be considered a threat to society warranting this registration? I didn’t take a risk and got caught. I made a mistake.
Thank you for including the quote by RBG which I had not seen before. I want to add how the innocent children, friends, relatives, employers, ministers of offenders are also harmed. The children can no longer go to the park with their offender parent or go to many other places, which most children are able to enjoy. They are no longer able to celebrate Halloween at their home and their parent cannot take them trick or treating. They are unable to have friends over to their house. They are unable to have their cousins over. They cannot attend family reunions or weddings where other children will be in attendance. They may not be able to play sports or it will be difficult since the offending parent cannot go to the school to see them play or to take them to practice. Those who are friendly with the offender in their neighborhood may feel conflicted about continuing the friendship and if they have kids who enjoyed the neighbors, how do you explain this to them? A minister may be very uncomfortable having the offender at church, being worried about the comfort level of other members and concern about liability factors. The employer may lose a fabulous worker, if another employee complains. In some areas, there is no place where an offender can live. Some who own their home, have to sell it because they cannot live in the same location if a park or a school or daycare is within a specified distance. This is very unfair to the family. In my opinion, one of the worst impacts that the registry brings to offenders is that most of the restrictions creates a life of isolation, which happens to be a risk factor – therefore, the registry puts higher risk offenders even more at risk.
Being a former law enforcement officer, knowing the inner workings of most Sheriff Offices, and being a registered offender myself, I truly believe the changes that need to be made will only happen when State Legislatures’ and the leadership in State Criminal Justice departments become vocal and change orientated in the Sex Offense Laws and Registry requirements. Elected Sheriffs and local law enforcement have created departments within their organizations to handle the volume of sex offense requirements and use some of those “necessary” positions to increase their budgets each year citing more registrants assigned to their particular Office. Then the funds are used for other areas of the department that County and City Leaders would not fund. Once again it all boils down to job elimination and finances, along with public ignorance about sex offense registry and it’s registrants, causing Sheriffs and Chiefs to not want to touch this “hot potato” issue or risk losing their Office. Thank you Dwayne for being on the front lines for all of us registrants.
I have a quick question about this? If is unconstitutional and this and that then blah blah and blah whatever it is then need to be abolish everywhere in the USA and USA territories. Another thing is I’m in NYS and I still trying to find stable housing and live my life normal but instead of getting better gets worse and you and the UN let it happens other times. So like I say stop wasting your time and ours and let’s get it done the job done. Thank you 🙏🏽
It is not now nor has it ever been about protecting children. But it’s promotion and the continuation of it’s false effectiveness have been stepping stones for media personalities and politicians for decades. Both, using fear and intimidation to further careers with total disregard for truth or the effects on peoples lives. Not just those convicted but even their mothers, fathers and children. The harm done to an offenders children, far out ways any probative value the registry has in protecting other children.
It’s just a lie built on the foundation of another lie promulgated by other liars for their own benefit.