Movement to reform sex offender laws in the United States

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The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States.

Proposed reforms fall into two broad categories: advocacy for reform of statutory rape laws that may require a teenager to register as a sex offender for sexting or consensual sexual acts involving another teen, on the one hand, [1] [2] [3] [4] and broader efforts to modify sex offender registration laws based upon what advocates see as disproportionate impact on the lives of convicted offenders compared to the public benefits derived, on the other. [5] [6]

Arguments

A number of arguments have been raised in support of the idea that reform is needed. For example, indiscriminate placement of offenders in the sex offender registry may undermine their ability to rehabilitate because of social stigma and other hardships related to sex offender registration. [7] Broad sex offender registration requirements may also disproportionately affect younger offenders particularly when applied to crimes such as sexting [1] or consensual underage sex. [8] [9] [10] [11] [12]

Academics have also noted a lack of good research showing these laws actually prevent sex crimes. [13] On the one hand, sex crimes tend to be perpetrated by a small number of repeat offenders, making it hard to draw conclusions about the effect of these laws on recidivism for most offenders. [14] A 2011 study looking at crime records concluded that while registries themselves may reduce recidivism rates, publication of those registries does not appear to have a similar effect. [15]

Proposals include making registries available for law enforcement only, and empowering officials to use greater judgment in determining who should be required to register. [7] [16] They point to collateral consequences of sex offender registration, such as social stigma, unemployment, homelessness and vigilante attacks, which may extend also to the families of registrants. [17] [18]

Particular criticism has been leveled at the decisions of the U.S. Supreme Court. Catherine Carpenter, Professor of law, and Amy E. Beverlin, J.D Candidate, wrote in 2012 that sex offender registration laws, initially grounded in rational bases, spiraled into what they characterized as "super-registration schemes". They argued that, even if initial registration schemes were constitutional, they grew into something that was unconstitutionally punitive. The article posits that U.S. Supreme Court decisions in Smith v. Doe and Connecticut Dept. of Public Safety v. Doe upholding the registration schemes as civil regulations led to runaway legislation that has become "unmoored from its initial constitutional grounding" By leaving such schemes immune to substantive due process and procedural due process requirements normally associated with criminal laws, they argue, legislators were left free "to draft increasingly harsh registration and notification schemes to please an electorate that subsists on a steady diet of fear". [19]

Proponents of sex offender registries argue that registration requirements have real utility because, among other things, sex offenders are likely to re-offend and registration can assist police in locating re-offenders. Reform opponents have also argued that opposition to registration is based on the assumption that to be effective, measures must work every time, thus undervaluing small reductions. They also claim there is evidence registries do reduce sex crime. [20]

Activism

The reform effort involves more than 50 state level organizations, with at least one group operating in each state. [2] The National Association for Rational Sexual Offense Laws (RSOL) arranges yearly national conferences to discuss sex offender legislation, [11] [21] [22] and makes its presence known at conferences of the National Association of Criminal Defense Lawyers. Their annual meetings can be controversial, including criticism of a welcome letter sent by the mayor of Houston, Texas to the organizers of the 2023 meeting "applaud[ing] its restorative justice efforts on behalf of marginalized citizens." The mayor's office subsequently distanced itself from the letter. [23]

RSOL state affiliates have challenged ordinances governing sex offenders in federal court. [24] [25] [26] During 2014 over 20 municipalities in California were sued by RSOL. [27] Their efforts in California culminated, in March 2015, when Supreme Court of California declared residency restrictions unconstitutional citing their unfairness and counterproductive effects. [28] Similar lawsuits by the activists have forced some Texas towns to ease their residency restrictions. [29] Other efforts include peaceful demonstrations, challenging the laws in courts and educating the public and legislators about facts of sexual offending and the consequences of current legislation. [30] [31] [32]

Human Rights Watch has also advocated for reforms, as has the ACLU. [33] [34] [35] and some of its state-level affiliates, [36] [37] [38] and some child safety advocates, some of whom argue for restrictions on who may be placed upon a list of registered sex offenders, and when the public should have access to sex offender registries. [39] [8]

In April 2015 Women Against Registry announced that it has begun gathering information and participants for two class action lawsuits to be filed in United States federal court. One of the lawsuits is intended to be on behalf of registered sex offenders, and the second on behalf of families of registered sex offenders. [30] [40] In 2016 Alliance for Constitutional Sex Offense Laws sued the government for the unique identifier planned to be printed on passports of some registrants. [41]

See also

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References

  1. 1 2 "Assertions". Nationalrsol.org. Reform Sex Offender Laws, Inc. Archived from the original on January 1, 2015. Retrieved November 15, 2014.
  2. 1 2 "High School Sweethearts -- Or Sex Offenders?". The Huffington Post. July 25, 2011.
  3. ↑ "Laws Gone Wild: As Teen Sweethearts Go to Prison for Sex, Mothers Rebel". The Daily Beast. January 25, 2012.
  4. ↑ "Teen Has Sex With Girl, 14, Gets Punishment on 'Steroids'". Newser. July 5, 2015.
  5. ↑ "Sex-offender laws are ineffective and unfair, critics say". Al Jazeera America. October 17, 2014.
  6. ↑ "Patty Wetterling questions sex offender laws". Archived from the original on November 13, 2014.
  7. 1 2 Vandenack, Tim (June 9, 2015). "Campaign for Elkhart 19-year-old underscores broader concerns about sex offender registries". The Elkhart Truth. Archived from the original on April 8, 2016. Retrieved February 27, 2019.
  8. 1 2 "My Son, the Sex Offender: One Mother's Mission to Fight the Law". NBC. May 8, 2014.
  9. ↑ "Teenager's Jailing Brings a Call to Fix Sex Offender Registries". The New York Times. July 4, 2015.
  10. ↑ "The Today Show Weighs In on Our "Accidental Sex Offender" Story". Marie Claire. Retrieved January 5, 2016.
  11. 1 2 "National conference aims to soften, reform sex offender laws". KOAT Albuquerque. August 29, 2012.
  12. ↑ "No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life". AlterNet. July 23, 2013.
  13. ↑ Zgoba, Kristen M.; Mitchell, Meghan M. (March 2023). "The effectiveness of Sex Offender Registration and Notification: A meta-analysis of 25 years of findings". Journal of Experimental Criminology. 19 (1): 71–96. doi:10.1007/s11292-021-09480-z. ISSN   1573-3750. S2CID   240547962.
  14. ↑ Levenson, Jill S.; Grady, Melissa; Leibowitz, George (January 1, 2016). "Grand Challenges: Social Justice and the Need for Evidence-Based Sex Offender Registry Reform". The Journal of Sociology & Social Welfare. 43 (2). doi: 10.15453/0191-5096.3816 . ISSN   0191-5096. S2CID   8512678.
  15. ↑ Prescott, J.J.; Rockoff, Jonah E. (February 2011). "Do Sex Offender Registration and Notification Laws Affect Criminal Behavior?". The Journal of Law and Economics. 54 (1): 161–206. doi:10.1086/658485. ISSN   0022-2186.
  16. ↑ "Women seek to dissolve sex offender registry". News-Press Now. May 2, 2015.
  17. ↑ "Collateral damage: Harsh sex offender laws may put whole families at risk". AlJazeera America. August 27, 2015.
  18. ↑ "Missouri Sex Offenders: "Women Against Registry" Says Labels Unfairly Destroy Lives". Riverfront Times. September 5, 2015. Archived from the original on June 25, 2016. Retrieved January 5, 2016.
  19. ↑ Carpenter, Catherine L.; Beverlin, Amy E. (2012). "The Evolution of Unconstitutionality in Sex Offender Registration Laws" (PDF). Hastings Law Journal. 63: 101.
  20. ↑ Bierie, David M. (May 3, 2016). "The utility of sex offender registration: a research note †". Journal of Sexual Aggression. 22 (2): 263–273. doi:10.1080/13552600.2015.1100760. ISSN   1355-2600. S2CID   146597748.
  21. ↑ "We can do better on sex offender laws". The Dallas Morning News. July 16, 2014. Archived from the original on July 3, 2016. Retrieved January 5, 2016.
  22. ↑ "Restricted Group Speaks Up, Saying Sex Crime Measures Go Too Far". The New York Times. October 1, 2013.
  23. ↑ Hansen, Holly (June 26, 2023). "Anti-Sex Offender Registry Group Holds National Conference in Houston". The Texan. Retrieved August 25, 2023.
  24. ↑ Blow, Steve (July 17, 2014). "We can do better on sex offender laws". The Dallas Morning News. Archived from the original on July 3, 2016. Retrieved November 14, 2014.
  25. ↑ Belluci, Janice (July 21, 2013). "CA RSOL Challenges El Dorado County Sex Offender Ordinance". In Eldorado County News. Archived from the original on November 29, 2014. Retrieved November 14, 2014.
  26. ↑ Howes, Rebecca (April 24, 2014). "Attorney files sex offender lawsuit against Lompoc". Lompoc Record. Retrieved November 14, 2014.
  27. ↑ Johnson, Shea (October 21, 2014). "County sued over sex offender ordinance". Daily Press. Retrieved November 14, 2014.
  28. ↑ "Housing Restrictions For Sex Offenders Unconstitutional, California Court Rules". The Huffington Post.
  29. ↑ "20 Texas towns ease restrictions on sex offenders". KFOR.com. February 7, 2016.
  30. 1 2 "Advocates Fight for Sex Offender Rights With Lawsuit". Broward Palm Beach New Times. April 17, 2015.
  31. ↑ "Convicted sex offenders seeking more rights in Carson". Daily Breeze. July 25, 2015.
  32. ↑ "Florida group sues Seminole County, sheriff over sex-offender rules". Orlando Sentinel. September 29, 2015.
  33. ↑ "No Easy Answers: Sex Offender Laws in the US". Human Rights Watch. September 11, 2007. Retrieved February 21, 2011.
  34. ↑ Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US (2012) Human Rights Watch ISBN   978-1-62313-0084
  35. ↑ Hardenbergh, John (March 16, 2009). "Sex Offender Law Violates Rights, Puts Kids at Risk". ACLU. Retrieved February 27, 2019.
  36. ↑ Jacobs, Deborah. "Why Sex Offender Laws Do More Harm Than Good". ACLU New Jersey. Archived from the original on February 27, 2019. Retrieved February 27, 2019.
  37. ↑ "The Case for Dismantling the Sex Offender Registry: What the Research Shows". ACLU Massachusetts. October 25, 2018. Retrieved February 27, 2019.
  38. ↑ Hunter, George (March 16, 2009). "ACLU suit seeks changes to Michigan sex offender registry". Detroit News. Retrieved February 27, 2019.
  39. ↑ "The Accidental Sex Offender". Marie Claire. July 28, 2011.
  40. ↑ "Women seek to dissolve sex offender registry". News-PressNow. May 17, 2015.
  41. ↑ Chokshi, Niraj (November 2, 2017). "U.S. Passports of Child Sex Offenders Will Note Their Convictions". The New York Times.
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