From “The
Counterproductive Catch-All of Supposed Sex Offenders” By Sadhbh Walshe
“Sex offender
registries date back to the 1940s but they did not become mandatory in all
states until the 1990s, when Congress began passing a series of laws such as
the Jacob Wetterling Act (1994), Megan's Law (1996) and the Adam Walsh Act
(2006) – all named for children who had been abducted, molested or killed. The
registry was intended to prevent other children from falling victim to a similar
fate, a desire shared by everyone. But the laws have so drastically expanded
what qualifies as a sex offense, there are now over 700,000 Americans on the registry (pdf), many of whom have never harmed a child and are unlikely
to ever harm a child, rendering it a
self-defeating tool.
In some states, for
instance, public urination is enough to get you on the registry, as is mooning,
streaking, flashing or visiting a prostitute. A 19-year-old boy who has
consensual sex with his 15-year-old girlfriend can be charged with statutory
rape; a teenage girl who posts naked pictures of herself on any kind of file-sharing
site can be charged as a distributor of child pornography.
The money, time,
effort and manpower required to keep such broad categories of offenders (and
so-called offenders) under surveillance is money, time, effort and manpower
that is being diverted from monitoring those who pose a genuine threat. The
argument, of course, is that when it comes to protecting children, you cannot
take any chances. But there are sophisticated risk assessment tools available, and in use, that are far more effective means of
identifying danger than making hundreds of thousands of people's lives
unliveable.
It's easier, though, and politically
more palatable, to declare zero tolerance for sex offenders and to keep passing
laws that look good on the books. Never mind if they are actually
counter-productive when it comes to actually keeping children safe.”
More to come...
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