A Call For Reform of Sex Offender Legislation

I'll be speaking this weekend at a conference in Washington, D.C., devoted to the reform of sex offender legislation. One hundred or so folks from around the nation are gathering to brainstorm on what to do about a body of law that is often harsh and indiscriminate. I should have reached out to readers here long ago for suggestions, but I didn't. If you have suggestions, please leave them in the comments section here. There's still time for me to amend my remarks.

My sense is that relief must come in the form of legislative action. The courts are simply ill-equipped to do much good. There are rare victories, such as the Ohio ruling by the state Supreme Court removing offenders from the sex offender list because the registration requirement violated the state's separation of powers doctrine. But this rare legal victory can be undone simply by drafting new requirements through the appropriate branch of government. Politics is where relief will come, not the courts.

What I see behind closed doors is frustration among judges and prosecutors in the following areas:

1. Requiring prison time and making felonious the violation of so-called Romeo and Juliet laws. These statutes typically involve claims of statutory rape between a minor and a suitor close in age. Consent is not a defense in these cases, and prison is mandatory. My sense is that there is support for legislation eliminating the requirement for prison time in such cases. It might also make sense to downgrade the offense from a felony to a misdemeanor to avoid the disabling effect of a felony on a young person's career chances.

2. Elimination of mandatory prison time for Internet-related crime in which there was neither attempted nor actual physical contact with another person. Many states and the federal government now require prison sentences for possession of even a handful of pornographic images of children. Judges often despair over the rigidity of statutory schemes requiring imprisonment of defendants in which there are no tangible victims proximately related to the possessory offense.

3. Increased accessibility to diversionary programs for those accused of child pornography offenses. Connecticut, for example, recently enacted a new psychiatric accelerated rehabilitation program. This program permits folks to submit to a period of probation and to get treatment for mental illness. If the applicant successfully completes the program, the criminal case is dismissed. The only problem with this law is that lawmakers have decreed that it is inapplicable for those accused of possession of child pornography. This legislative decision should not trump medical judgment.

4. Elimination of mandatory prison time for non-violent sex offenses. Lawmakers can easily and constructively express social disapproval of deviant conduct by rewriting these statutes to create a presumption in favor of prison time. But this presumption should be rebuttable for good cause shown.

5. The current mania over sex offender registries is little more than moral panic. The overwhelming majority of sex offenses are committed against victims by family members or caregivers with direct and consensual access to the victim. Sex offender registries are fueled by fear of stranger danger. Putting a man who abused a family member on a public registry merely stigmatizes an offender who little danger to the community at large. There should be a broader use of law-enforcement only registrations. These lists should not be disseminated to the public.

There is traction for these ideas among judges and prosecutors. When no one is watching, and they are free to speak their mind, judges and prosecutors are often in despair about a law too rigid in conception, and too inflexible in implementation to serve the ends of justice.

What other options have you heard mentioned behind closed doors?

Also listed under: Sex Offenders and Justice

Comments: (6)

  • how about getting rid of the "ex post facto" part ...
    how about getting rid of the "ex post facto" part of these stupid laws.
    how does one get on to the "police use only" part of the registry??
    Posted on June 24, 2010 at 9:00 pm by galen
  • When you are off all registration requirements bei...
    When you are off all registration requirements being able to relocate from state to state without having to register in the new state
    Posted on June 25, 2010 at 3:08 am by Christian
  • End Lifetime registration and 90 day in person ver...
    End Lifetime registration and 90 day in person verification. (Smith v. Doe, 538 U.S. 84 (2003),
    End residency restrictions.
    End employment restrictions.
    End Travel restrictions. (International Megans Law)
    Set up federal a system much like Georgia now has where an FSO can petition the court to be removed from the registry.
    And I agree the registry must not be public.
    Posted on June 25, 2010 at 4:42 am by Midwest Dad
  • End prison sentences for these young teens. Envo...
    End prison sentences for these young teens.
    Envoke councelling for damage caused to teens mental well-being.
    End employment restrictions.
    *Provide Education*
    Posted on June 28, 2010 at 3:29 am by A Proud Mom of a Convicted Teen Offender
  • Rescind or amend laws requiring psychiatric counse...
    Rescind or amend laws requiring psychiatric counsellors to report anyone that comes to them for counselling in this regard. As it is, future sex offenders are turned away from counselling so that the counsellors themselves do not get embroiled with the law. This only prevents potential offenders from getting the help they need.
    Posted on June 28, 2010 at 5:09 pm by 0pinion8ed
  • http://sexoffenderissues.blogspot.com Did you get...
    Did you get audio or video of this? I'd love to see it.
    Posted on July 19, 2010 at 12:49 pm by Sex Offender Issues

Add a Comment

Display with comment:
Won't show with comment:
How many sides does a triangle have?
*Comment must be approved and then will show on page.
© Norm Pattis is represented by Elite Lawyer Management, managing agents for Exceptional American Lawyers
Media & Speaker booking [hidden email]