Movement To Reform Sex Offender Laws In The United States
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The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States. Efforts fall into two main categories, advocacy for reform of
statutory rape In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
laws that may require a teenager to register as a sex offender for consensual sexual acts involving a younger teen, and broader efforts to modify sex offender registration laws based upon their sometimes dramatic impact on a convicted sex offender and belief that they provide little benefit for public safety. The reform movement involves more than 50 state level organizations, with at least one group operating in each state. The movement includes
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
,''Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the US''
(2012)
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
the ACLU and some of its state-level affiliates, and some child safety advocates, some of whom argue for restrictions on who may be placed upon a list of registered sex offenders, and when the public should have access to sex offender registries.


Arguments

The participants in the movement argue that indiscriminate placement of offenders in the
sex offender registry A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration i ...
may undermine their ability to rehabilitate because of the
social stigma Social stigma is the disapproval of, or discrimination against, an individual or group based on perceived characteristics that serve to distinguish them from other members of a society. Social stigmas are commonly related to culture, gender, ra ...
and other hardship related to sex offender registration. They assert that sex offender registries are overly broad as they reach to non-violent offenses, such as
sexting Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or videos, primarily between mobile phones. It may also include the use of a computer or any digital device. The term was first popularized early in the 21st ...
or consensual teen sex and target people who are not
sexual predator A sexual predator is a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" or abusive manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" ...
s but who have rather made a mistake, and keep unfairly punishing the offender even decades after serving their sentences. They say that registries should be available for law enforcement only and that officials should be more judicious in deciding who poses a risk instead of the current policies applied to all offenders indiscriminately, as every case and defendant's story is different. The movement points to lack of evidence to support effectiveness of sex offender registries or residency restrictions, and notes that collateral consequences of sex offender registration, such as
social stigma Social stigma is the disapproval of, or discrimination against, an individual or group based on perceived characteristics that serve to distinguish them from other members of a society. Social stigmas are commonly related to culture, gender, ra ...
, unemployment, homelessness and
vigilante Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a person who ...
attacks extend also to the families of registrants.


Vigilantism against registered sex offenders

A primary argument for the reform of sex offender laws is that sex offender registration inherently encourages vigilante action by those who use sex offender lists to locate, harass, attack, and even murder registered sex offenders. Due to widespread access to the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
, many sex offender lists are easily located by those wishing to intimidate or otherwise harm registered offenders. Even though
law enforcement Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules Rule or ruling may refer to: Education ...
officials strongly condemn using the sex offender registries for the purposes of harm and harassment, dozens of recorded cases occur each year of crimes against registered offenders. Documented abuses of the registered sex offender list include: * Repeated and false reports to police regarding sex offenders living in a residential area * Posting public signs drawing attention to a registered offender's address or otherwise advertising to others where the registered offender lives * Verbal threats either in person or through the phone or e-mail * Repeated acts of trespassing or deliberately damaging property belonging to the registered sex offender * Physical assault * Murder Among the most serious crimes against registered offenders include the case of Patrick Drum, who shot and killed two men in 2012 because they were listed on the state of Washington's sex offender registry. Jeremy and Christine Moody, two self professed neo-Nazis, were convicted in 2014 of kidnapping and murder when they forced a registered sex offender and his wife into their home at gunpoint and then executed them. Stephen Marshall, after killing two registered offenders in Maine, committed suicide when he was cornered on a bus by police.


Activism

Movements activism consist of peaceful demonstrations, challenging the laws in courts and educating the public and legislators about facts of sexual offending and the consequences of current legislation. The
National Association for Rational Sexual Offense Laws The National Association for Rational Sexual Offense Laws (NARSOL) is a national civil rights and justice reform organization headquartered in Raleigh, North Carolina with operations based in Albuquerque, New Mexico and with affiliated organizati ...
arranges yearly national conferences to discuss sex offender legislation, and makes its presence known at conferences of the
National Association of Criminal Defense Lawyers The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, judges, and d ...
. Their state affiliates have challenged ordinances governing
sex offender A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crim ...
s in federal court. During 2014 over 20 municipalities in California were sued by RSOL. Their efforts in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
culminated, in March 2015, when Supreme Court of California declared residency restrictions unconstitutional citing their unfairness and counterproductive effects. Similar lawsuits by the activists have forced some Texas towns to ease their residency restrictions. In April 2015
Women Against Registry Women Against Registry (W.A.R.) is a U.S. non-profit organization, based in Arnold, Missouri, which works to obtain changes in laws affecting sex offenders. Most W.A.R. members are mothers, wives, girlfriends, and other family members of persons c ...
announced that it has begun gathering information and participants for two class action lawsuits to be filed in
United States federal court The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primar ...
. One of the lawsuits is intended to be on behalf of registered sex offenders, and the second on behalf of families of registered sex offenders. In 2016
Alliance for Constitutional Sex Offense Laws Alliance for Constitutional Sex Offense Laws (ACSOL) is a nonprofit civil rights, legal reform, and support organization, with offices in Los Angeles and Sacramento. ACSOL advocates for civil rights for those required to register as sex offend ...
sued the government for the unique identifier planned to be printed on passports of some registrants.


See also

*
Alliance for Constitutional Sex Offense Laws Alliance for Constitutional Sex Offense Laws (ACSOL) is a nonprofit civil rights, legal reform, and support organization, with offices in Los Angeles and Sacramento. ACSOL advocates for civil rights for those required to register as sex offend ...
*
Arkansas Time After Time Arkansas Time After Time (ATAT) is a Conway, Arkansas-based non-profit, all-volunteer civil rights and justice reform organization. It is funded by its members. It is a grassroots legislative advocacy group dedicated to making communities safer an ...
* Florida Action Committee *
National Association for Rational Sexual Offense Laws The National Association for Rational Sexual Offense Laws (NARSOL) is a national civil rights and justice reform organization headquartered in Raleigh, North Carolina with operations based in Albuquerque, New Mexico and with affiliated organizati ...
* USA FAIR, Inc. *
Illinois Voices for Reform Illinois Voices for Reform is a non-profit advocacy and support organization for Illinois sex offenders and their families. It is dedicated to providing education on issues affecting sex offenders to the public and to legislators. Illinois Voices ...
*
Michigan Citizens for Justice Michigan Citizens for Justice is an advocacy and support group for Michigan sex offenders and their families. Michigan Citizens for Justice is an affiliate organization of Reform Sex Offender Laws, Inc., and one of the more than 50 organizations ...
*
Women Against Registry Women Against Registry (W.A.R.) is a U.S. non-profit organization, based in Arnold, Missouri, which works to obtain changes in laws affecting sex offenders. Most W.A.R. members are mothers, wives, girlfriends, and other family members of persons c ...
* Nebraskans Unafraid


References

{{reflist, 2 Criminal justice reform in the United States Law reform in the United States Sex offender registries in the United States