Ground-breaking research into why most former sex offenders do
not reoffend concludes that Nebraska’s policy of putting every
registered citizen on a public website harms families and might
contribute to the very problems that the law was intended to deter.
“ . . . We have found that sex offenders in this study,
representing predatory pedophiles to possessing child pornography, have
not re-offended since their initial crime of conviction. Most attribute
this to the informal social relationships they have created or
maintained since conviction. Surprisingly, many have added members of
the research team as more formal sources of social support, and
attribute our interest in their lives as an added factor in their
desistance,” according to a report on the study released today.
“Most importantly, we have found that registrants’ lives change
over time, thus affecting their need for social support to continue
desistance,” the report said.
Not one of the registered citizens in the study credits harsher
laws for desistance from re-offense. In fact, the report said,
harassment by law enforcement and others as a result of the law can
contribute to conditions that make re-offense more likely.
The ongoing study is being conducted by Lisa Sample, Ph.D., and
doctoral candidate Danielle Bailey at the School of Criminology and
Criminal Justice, University of Nebraska-Omaha. Two-hundred twenty-one
registered Nebraska citizens have come forward to participate in the
study. So far, 155 of them have been interviewed.
“The questions asked during these interviews were meant to uncover
how these sex offenders had managed to defy media stereotype and live in
the community without sexually reoffending. A common response across
all subjects was that their desistance was mostly attributed to the help
of family, friends, and/or their faith,” the report said.
"With this in mind, the study was then extended to registrants’
family members and friends to 1) triangulate information provided to us
by registrants, and 2) give registrants’ loved ones a chance to voice
their thoughts on what it is like living with people who are so socially
stigmatized.”
To date, 30 family members of registered citizens have been
interviewed. Five-thousand pages of interview material have been
transcribed.
The “sex offender” label shadows everyone in the family, in that
there is a constant state of paranoia and fear among spouses/partners
about being judged, being labeled, or being ill-treated by members of
the public,” the report said.
The research shows how misguided law, poor-quality news reporting
and knee-jerk policymaking – all based on inaccurate information about
former offenders – conspire to damage and destabilize families. In spite
of research that shows former sex offenders have low rates of
re-offense, news media stereotypes paint every individual on the public
website as a predatory danger. Such inaccurate reporting then encourages
institutions like churches, gyms and schools to issue blanket bans of
former offenders, many of whom are parents and are thus barred from
participating in their childrens’ lives, according to the study. Because
the study is finding that social networks and strong family ties help
former offenders desist from reoffending, current Nebraska law is
eroding the factors that help prevent re-offense.
“The stigma of the “sex offender” label put forth on public
registries creates single parent households, as responsibilities for
child care and employment fall to the spouses/partners of registrants
who are not allowed to participate in their own family activities as
they did prior to conviction,” the report on the research said.
“Children often react to the prohibition of their registrant parent
from their activities with anger, acting-out behaviors, and/or socially
isolating themselves.”
The study found that Nebraska’s draconian law, enacted as LB 97 and
LB 285 of 2009, has had the effect of creating a strong community of
“social refugees” among former offenders in Nebraska. Advocacy groups
established after the law’s passage as well as the researchers at UNO
have therapeutic value for the registered citizens.
“Registrants and their family members have responded to their
‘refugee’ status by creating their own organizations and advocacy groups
that engender a sense of collective identity that thwarts some of the
isolation they feel,” the report said.
The study’s conclusions:
- There are negative consequences socially, professionally, and
parentally for being on the public registration website, and these
consequences are not only felt by registrants but also by their
spouses/partners, parents, and children.
- To the degree to which these consequences exacerbate the senses of
loneliness, anxiety, isolation, and fear associated with sexual
offending and disrupt family and friend relationships, public
notification may exacerbate the behaviors it is meant to deter.
- In fact, no registrants mentioned sex offender laws or their
prohibitions from public spaces as a motivating factor in their
desistance from crime.
- Sex offender laws have, however, created a sense of a collective
identity among those in this sample that helps abate their social
isolation and feelings of rejection.
- In contrast to juvenile delinquency literature, deviant peers among
the adults in this sample provide them with social support that helps
them avoid behavioral triggers and manage their behaviors as opposed to
encouraging them.
- This study demonstrates the importance of social integration in ending sexual reoffending.
- Findings also suggest the need for some social support interventions
for those living with or related to registered sex offenders who are
also experiencing social isolation, rejection, and stigmatization not
for a crime they committed but simply because they live with someone who
committed one.
- Changes to child abuse mandatory reporting laws would allow families
to seek therapy and counseling without fear of legal reprisals for the
thoughts and feelings they share. In this way, perhaps these changes
can be seen as preventative crime control measures to ensure the
children of registrants do not grow up to be angry, anxious, and
frustrated criminal adults.
Click here to read the full report.