The public branding of sex offenders through online registries is a
reaction to horrible, highly publicized crimes, such as the 1994 murder
of Megan Kanka, in which strangers abduct, rape and kill children. But
treating this sort of very rare crime as typical has led to a
registration system that is unfair as well as ineffective. Data from the Justice Department’s National Crime Victimization
Survey indicate that more than 90% of sexually abused minors are
assaulted by relatives or acquaintances — people they trust. Furthermore, according to a 2003 Justice Department study, nearly
nine out of 10 people convicted of rape or sexual assault have no prior
convictions for this category of crime, so they would not show up in
registries. Sex offender databases are over-inclusive as well as under-inclusive.
The panic that followed Megan Kanka’s murder produced an alarm system
that often fails to distinguish between dangerous predators and
lawbreakers with convictions related to nonviolent offenses such as
public urination, streaking, adult prostitution, and teens who have
consensual sex with other teenagers. They are all mixed together in the
registries that states are required to maintain as a condition of
receiving federal law enforcement funding.
It is not clear that a more narrowly targeted registration system
would have a measurable impact on crime. A 2008 report commissioned by
the New Jersey Department of Corrections found no evidence that
registration had reduced recidivism rates among child molesters and
rapists. Indiscriminate registries are even harder to defend, unjustly
imposing lifelong burdens on people who pose little or no discernible
threat. Jacob Sullum is a senior editor at Reason magazineFlorida
Action Committee (FAC), founded in 2006, is a state-wide consortium
of concerned citizens and professionals whose purpose is to promote the
prevention of sexual abuse while preserving the safety and dignity of all
citizens through carefully structured laws targeting the truly violent, forced,
and/or dangerous predatory acts of sex. FAC believes that many aspects of the
current approach to sex offenders seriously undermine justice and actually
increase the threat of sexual assault against others, particularly children.
FAC opposes a publicized registry of sex offenders and seeks to bring an end to
the humiliation of people who have already paid for their crimes. FAC asserts
that only by supporting justice for all people—offenders and victims alike can
a truly safe society be built and secured for all Americans.
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