How the sex offender registry can create injustice

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GHN News Editor - The Supreme Court recently upheld a federal statute allowing indefinite
detention of sexually dangerous predators,
but some attorneys question how minor sex criminals suffer life-long consequences that are unjust.

There will be limits to civil commitment once the prison term is done,

but the law as discussed in US vs Comstock only applies to a relatively small number of people.  Yet
criminal attorneys worry about the continuing upgrades in penalties for
many sex offenders that continue long after the prison term.


There is little public disagreement that such administrative penalties
are appropriate when applied to the most dangerous predatory sex
offenders. Unfortunately, those convicted of relatively minor sex crimes
may face many of the same mandatory sex offender registration and
lifetime restrictions as those convicted of more serious crimes. In some
cases, a youthful mistake could mean an unfair and irreversible
penalties.


This can be the 17-year-old neighbor boy who had consensual sex with his
girlfriend.  Statutory rape is treated like other sex crimes in many
states.  The initial penalties may be different, but the long-term
consequences may be the same as if the boy were a violent sexual
offender.


The long-term penalties means the mandatory sex offender registration.
Mst sex offenses require lifetime registration, although a few, such as
attempted sexual assault, only require registration for 10 years
following discharge from state supervision.


As an example, in Texas, registration is required for defendants in sex
crime cases who receive what is called deferred adjudication.  This is
when a conviction and charges can be avoided when someone agrees to
probation. It  means someone who never sees the inside of a cell and
does not have a conviction could nonetheless wind up on the Texas sex
offender registry.


The consequences of being registered as a sex offender in Texas are
substantial. Minimum legal requirements include periodically verifying
registration information with local law enforcement authorities and
making proper notification when relocating or regularly visiting an area
other than the municipality where an offender is registered.


A sex offender will always be monitored by the government, just as
citizens are watched in a Communist state.   For serious child molesters
and particularly dangerous offenders, this can be important; but for
many it becomes an injustice.


Furthermore, paroled sex offenders or those otherwise under community
supervision are not allowed to be within 500 feet of any place where
children are known to congregate (although once an offender has fully
completed their sentence there are no registry regulations preventing
them from being around children). While the Texas Sex Offender
Registration Program itself does not prohibit sex offenders from working
in certain occupations or professions, state law that regulates a
particular trade may well do so.


This means it is more difficult for the minor sex offender, that 17-year-old neighbor boy to ever get a job.


Furthermore there are databases that can even be accessed by the public
that show the geographical location of registered sex offenders, without
differentiation of the degree or type of offense or the relative
dangerousness of the person.  This makes it difficult for those with
relatively minor sex offenses to reintegrate into the community.


For those offenders deemed to be at a high risk of re-offending,
further written notification is provided through the mail to all homes
within a given radius; however, local law enforcement authorities are
permitted to publish even low and moderate-risk offenders in area
newspapers. Risk-level is also included in the online database, although
offenders at all levels of risk are displayed collectively.


How does this work in specific cases is explained by Patrick J. McLain,
an attorney in Texas.  He says, "Imagine two defendants being sentenced
in a Texas courtroom. One committed a violent rape against a young
child; the other was 20 years old when he engaged in consensual
intercourse with his 16 year-old girlfriend. Both of these offenses are
sex crimes requiring registration. The first offender will likely
receive a longer term of incarceration, but each defendant faces very
similar requirements in terms of the sex offender registry.


Picture an even more shocking scenario in which, several years later,
the second offender goes on to marry his 'victim' and never commits
another crime. He will still be on the same database as the violent
child rapist, and on the same website, his name popping up on the same
searches. "


McClain says this is a waste of law enforcement resources and is an unfair punishment.


"Most agree that heightened community awareness of the most dangerous
sexual predators is critically important," McClain remarks, agreeing
with overall community concerns.  Here is the worry, however.  " But,
the term 'sex crime' encompasses too wide an array of offenses, and it
is morally troubling that they all appear under the same banner. For
those convicted of less serious offenses that still require
registration, injustice is inherent in the current broad approach to
treatment of sex crime offenders," McClain concludes telling us justice
isn't always fair if not individualized for long-term situations..