Thursday, August 14, 2014

UNO Researchers Document Harm Done by Nebraska Sex-Offender Law

Posted by on August 7, 2014 in Articles

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.


Florida 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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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
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“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
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What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
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“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
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I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”