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State laws and online registry information are constantly being modified. The information compiled in this report is accurate, to the best of our knowledge, as of July 1, States are constantly changing the information distribution format of their online sex offender registries, and some of the information in this report may already be outdated. For the most current registration and community notification requirements and distribution policies regarding a particular state's online sex offender registry, Human Rights Watch encourages readers to check their state's most current policies. In addition to an exhaustive review of the published scientific and legal literature about sex offenders, we interviewed sex offenders and 90 of their loved ones, all of whom are referred to in the report by pseudonyms, given their concerns about privacy.
We spoke with a number of survivors of sexual abuse, members of victims' rights and child sexual assault prevention groups, child safety experts, and sex offender researchers. Finally, we interviewed state officials responsible for enforcing sex offender laws, including probation and parole officers and county sheriffs. Recommendations With the goal of increasing the effective protection of children and others from sexual violence while protecting former offenders from unnecessary, unjust, and even counterproductive laws, Human Rights Watch makes the following recommendations for changes in federal and state legislation.
Adam Walsh Act All provisions of the Adam Walsh Act that deal with state registration and community notification requirements should be repealed. If Congress does not repeal the Adam Walsh Act requirements as they pertain to state registration and community notification, states should not adopt the Adam Walsh Act provisions to their registration and community notification laws. State Sex Offender Registries Former offenders who have committed minor, non-violent offenses, such as prostitution between adults; non-lascivious indecency offenses, such as streaking and public urination; and consensual sexual activity with a minor who is within five years of age of the offender statutory rape should not be required to register.
No offender who was under the age of 18 at the time of his or her offense should be required to register. If states do require child offenders to register, then they should do so only after a panel of qualified experts determines that the child poses a high risk of sexual reoffense, and that public safety cannot be adequately protected through any means other than the child being subject to registration. A determination that registration is necessary should be reviewed at least on an annual basis for as long as the registration requirement lasts. States should institute mechanisms by which offenders are removed from registries if they are exonerated; their convictions have been overturned, set aside, or otherwise vitiated; or if their conduct is no longer considered criminal.
States should regularly review all registration information to ensure its accuracy. Former offenders should not be required to register with their schools or places of employment. Most state laws require, and employers always have the option of running, a criminal background check for prospective employees who will be working with children. Registration should be limited to former offenders who pose a high or medium risk of committing a serious crime in the future, either of sexually abusing children or committing a violent sex crime against adults. The risk should be assessed on a case-by-case basis for each convicted sex offender, using tools that have predictive validity and take into consideration a variety of factors found by research to be associated with recidivism, including the nature of the crime, prior offending history, the age of the offender at the time of the crime, treatment or therapy history, and the length of time an individual has remained offense-free.
Former offenders considered low-risk for reoffending, on the basis of individual assessment, should not be required to register. The period of inclusion on the registry for former offenders assessed as medium- and high-risk should be initially determined by his or her individual risk assessment and then be subject to periodic review with a view to extension or termination. An initial determination of lifetime inclusion should not be permitted. At periodic review, registrants should be able to present evidence of rehabilitation, change in life circumstances, incapacitation for example, disease or disability or substantial time living in the community without reoffense in order to obtain termination of the requirement to register or to have their assigned level of risk changed.
After a fixed period of time, the burden should shift from the registrant to the state to prove that a registrant poses a public safety risk and must remain on the registry. Community Notification Access to sex offender registries should be limited to law enforcement. Law Enforcement Law enforcement officials should only release information about registered sex offenders on a need-to-know basis. This would include notification to the individual s victimized by the offender. When determining who else in the community should be notified, law enforcement officials should weigh factors such as the size of the community, the nature of the offense, the level of reoffense risk at which the registrant has been assessed, and the likelihood that access to the information will enhance the recipient's personal safety or that of their children.
Law enforcement officials should eliminate the use of posters, flyers, and other easily replicable materials to alert communities of the presence of a registered sex offender in their neighborhood. They should inform community members individually, using accurate and responsible language to describe the potential threat posed by the registrant. Law enforcement and other local officials must recognize their responsibility and authority to keep all community members safe, including people who have been convicted of sex offenses. In deciding the method and scope of community notification, officials should be required to take into consideration the potential for community hostility against registrants and take any necessary steps to mitigate the potential hostility.
States should enact laws allowing all registrants to appear periodically before a panel of qualified experts to review the requirement that law enforcement publicly release their personal information. Registrants should be able to present evidence of rehabilitation, change in life circumstances, incapacitation for example, disease or disabilityor substantial time without reoffense in order to terminate community notification requirements. Local officials should work with the Center for Sex Offender Management CSOM and local agencies or organizations with the capacity to conduct community meetings aimed at safe reintegration of registrants when they move into a neighborhood.
Community meetings should be designed as an opportunity for education about where the risk for sexual victimization lies and how to prevent sexual abuse before it occurs. Organizations to include in the development and implementation of these community meetings should be victim advocacy groups, sexual violence prevention and response professionals, and sex offender treatment and management agencies. Online Sex Offender Registries States should eliminate public access to online registries of sex offenders as a form of community notification. States that do maintain online registries should only include information about offenders assigned a high level of risk, and only for so long as they are individually determined to pose such a risk.
Online registry search capabilities should only permit targeted searches for example, by specific personal name or zip code. No member of the public should be able to search the entire database. States should also take steps to preclude the possibility of registry information being found via internet search engines. Accountability for those who search online databases should be ensured by requiring the database user to specify the purpose for the search, and to provide his or her name and zip code with such information kept confidential and accessible only by state officials and law enforcement.
Online registry databases should provide enough information to enable a layperson user to understand the nature of the sex offense of which the offender was convicted and the registrant's risk of recidivism. This should include more information than the identification of the statute he or she violated. Databases should indicate when the offense was committed, how long has passed since the registrant was released from incarceration, and contain both the registrant's and the victim's age at the time of the offense. The information about a registrant revealed online should be limited to what is necessary to promote public safety. For example, information such as place of employment or place of education should not routinely be available.
Congress and state legislatures should incorporate stronger prohibitions against and penalties for misuse of online registration and community notification information to harass, threaten, or injure registrants or their family members, or to discriminate unreasonably against registrants in the denial of housing, education, or other necessary benefits and services. Online registries must prominently display warnings against misuse of information on the registry. Misuse of registration information should be vigorously prosecuted. Registrants should have a periodic opportunity to petition to be removed from the online registry. Registrants should be able to present evidence of rehabilitation, change in life circumstances, incapacitation for example, disease or disability or substantial time without reoffense in order to terminate community notification requirements.
National Sex Offender Registry Congress should eliminate public access to the national sex offender registry. If the national sex offender registry is to be maintained, Congress should direct the Department of Justice to ensure that the national sex offender registry includes only such information from state registries as is consistent with the above criteria. Residency Restrictions Neither states nor localities should have residency restriction laws that apply to entire classes of former offenders.
;ha residency restrictions should be limited to individually tailored restrictions for certain offenders as a condition of the terms of his or her probation, parole, or other mandated supervision. Treatment, Research, and Education Federal and state governments should support sex offender treatment programs as a key component of sex offender management. The Department of Justice and states should encourage and fund research to assess and compare the effectiveness of different strategies to prevent the perpetration and reoffense of sexual violence. This research should include efforts to identify and assess the impact that registration, community notification, and residency restrictions have on registrants, their families, and communities.
The Department of Justice should continue to support and onlihe fund the Center for Sex Offender Management, a national project of the Department of Justice's Office of Justice Programs, to provide training and education to communities to facilitate the safe reintegration of registrants. Federal, state, and local governments should support collaborative efforts between citizens, law enforcement, offenders, victim advocacy and sexual violence prevention groups, and specialized sex offender treatment providers to enhance the jn reintegration of convicted sex offenders into the community in ways that promote community safety.
Federal, state, and local governments should support efforts to develop a range of strategies to prevent sexual abuse that go beyond control and treatment of former offenders, including educational programs for families, treatment and other resources for survivors of sexual violence, promotion of safety precautions by youth and adults, and those that treat the reduction of sexual violence as a public health campaign. Sexual Violence onoine the United States Being sexually assaulted as a child, onlline me, was like having my heart subsvription to eating. I am still trying to put it all back together.
But recidivism rates for Non subscription online dating in cam pha offenders are not subscriptiin high as politicians have quoted in their attempts to justify the need for overly harsh sex offender subscrription. Jill Levenson, expert dubscription sex offender treatment and management  Patty Wetterling, a national child safety advocate whose son was abducted in and is still missing, has aptly identified the core problem with US registration, community notification, and residency subwcription laws for sex offenders: There is no silver bullet.
Research on sexual violence reveals a very different picture of who the perpetrators are and what their likelihood of reoffending is compared to what the public assumes. Sexual Violence Sex crimes constitute onlinf relatively small proportion of subwcription violent crimes in the United States. According to crime victimization surveys, rape and sexual assault accounted for 3. Subscriphion, sexual violence is perhaps the most underreported violent crime, meaning that the number of victims of sexual violence is far higher than what is reported. For example, a study by the National Institute of Justice found that only one in five adult women rape victims 19 percent reported their rapes to police.
Onlind there wererecorded victims age 12 and older of rape, attempted rape, or sexual assault. The assaults of juvenile victims were more likely to result in an arrest 29 percent than were adult victimizations 22 percentbut assaults against children under age six resulted in an arrest in only 19 percent of the cases. According to a report by the Crimes against Children Research Center at the University of New Hampshire, cases of child sexual abuse substantiated by child protection agencies fell 40 percent between and ; the report's authors believe that some of this drop reflects a decline in the occurrence of sexual abuse, in addition to other factors such as stricter reporting practices.
For adults, the emotional and psychological consequences of sexual violence can be profound and enduring, including depression, anxiety, and post-traumatic stress disorder. With the purpose of helping parents identify unknown convicted sex offenders in the neighborhood, sex offender laws like community notification schemes reflect the assumption that children and adults are most at risk from strangers. Yet sexual violence against children as well as adults is overwhelmingly perpetrated by family members or acquaintances. The US Bureau of Justice Statistics has found that just 14 percent of all sexual assault cases reported to law enforcement agencies involved offenders who were strangers to their victims.
Although such crimes are seared into the public consciousness, they represent a tiny fraction of crimes against children. The US Department of Justice DOJ estimates that around children are abducted per year by non-family strangers-of which 46 result in the death of the victim. According to a analysis of 1, juvenile kidnappings, 49 percent of juvenile kidnappings are perpetrated by family members, 27 percent by an acquaintance, and 24 percent by a stranger. Sex offender laws also reflect the assumption that previously convicted sex offenders are responsible for most sex crimes. Yet according to a US Department of Justice study, 87 percent of the people arrested for sex crimes were individuals who had not previously been convicted of a sex offense.
Legislators, public officials, and members of the public routinely claim that people who have committed sex offenses pose a great risk to the public because they have "astronomically high" recidivism rates. In addition, most of those who make public assertions about the recidivism rates of sex offenders take a "one-size-fits-all" approach; they do not acknowledge the marked variation in recidivism rates among offenders who have committed different kinds of sex offenses, nor the influence of other factors on recidivism. Accurately measuring reoffense rates of people previously convicted of sex offenses is difficult, confounded by many factors.
But numerous, rigorous studies analyzing objectively verifiable data-primarily arrest and conviction records-indicate sex offender recidivism rates are far below what legislators cite and what the public believes. The US Department of Justice tracked 9, male sex offenders in 15 states who were released from prison in and found that within three years only 5. Yet it also indicates that three out of four sexually violent offenders do not reoffend. The study also found that recidivism rates varied markedly depending on the kind of sex crime committed.
For example, recidivism within four to six years of release from prison was 13 percent for child molesters, and 24 percent for rapists. There are also differences within types of crime. For example, men who molest boys have the highest measured rates of recidivism of any sex offender. State-specific studies have yielded similar results. For example, in Ohio, only 8 percent of former sex offenders were reincarcerated for another sex offense within a year period. A federal study of prisoners released in found that Released rapists had a rearrest rate of 46 percent.
Some of the public misapprehensions about the rates at which sex offenders recidivate may have originated with calculations by the Bureau of Justice Statistics BJS as to the relative likelihood at which released prisoners are rearrested for the same type of crime as that for which they had been in prison. In a study published in based on prisoners released inthe BJS calculated that relative to other offenders, a rapist was For example, according to the Bureau of Justice Statistics, during the three years following release from prison in40 percent of the rearrests of sex offenders for new sex crimes occurred in the first year. For example, the meta-analysis of sex offender recidivism studies cited above indicated that an average of 20 percent of all sex offenders would be arrested or convicted for another sex offense over a year period after being released into the community.
But, for offenders who remained offense-free for five years, their recidivism rate for the next 10 years declined to 12 percent; for those who remained offense-free for 10 years, their recidivism over the next five years declined even further to 9 percent. After 15 years offense-free, the recidivism rate for the next five years was 4 percent. One such factor is the relationship of the victim to the offender. Offenders whose victims were within the family recidivate at a significantly lower rate than offenders whose victims were outside of the family. Offenders older than 50 when released from prison reoffended at half the rate of those younger than percent versus 26 percent, respectively, after 15 years.
As one treatment provider told Human Rights Watch, "When an individual is caught and held accountable for his behavior, he often becomes motivated to get better. His behavior is no longer a secret, and it becomes a reckoning point for him-he must decide whether he is going to change his behavior, or face the consequences. North Carolina Human Rights Watch did a case study of North Carolina to determine how many of the offenders on its online sex offender registry had been convicted of another sex offense after they were released from prison into the community, and the kinds of crimes for which the registrants were required to register.
We chose North Carolina because it is one of only two states that we could find whose registries list the date of release into the community.
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North Carolina's registry includes persons convicted of sexually violent offenses,  offenses against minors,  and other sex offenses. The overwhelming majority, The earliest date of release in the sample was 12 years ago, and no offender living in the community years hpa release has been reconvicted for another sex offense. Of the 36 percent of the sample offenders who had been out of confinement for more than five but fewer than 10 years, only 2. All four of these recidivists were reconvicted for "indecent liberties with a minor. Among the 13 registered sex offenders in our sample who were under 18 at the time of conviction, six were registered for indecent liberties with a minor, and four were convicted of second degree rape rape not involving the use of a weapon.
Treatment Treatment of sex offenders can contribute to community safety. Offenders who participate in and complete treatment are less likely to reoffend than those who do not. As the Center for Sex Offender Management CSOM has pointed out, the current emphasis on registration, community notification laws, and residency restrictions for individuals who have been convicted of sex offenses "has begun to overshadow the important role of treatment in sex offender management efforts. The classification, diagnosis, and assessment of sex offenders for treatment are complicated by a high degree of variability among individuals in terms of personal characteristics, life experiences, criminal histories, and reasons for offending.
These findings have been widely publicized, opening the door to public policies predicated on the assumption that "treatment doesn't work" and sex offenders will invariably recidivate. For example, a recent meta-analysis of 43 studies of 9, convicted sex offenders 5, treated and 4, untreated found that contemporary cognitive-behavioral treatment was associated with a 41 percent reduction in recidivism. I think it makes sense that the police have the information they need to monitor my whereabouts. I committed a crime, and I accept that consequence.
That consequence makes sense. It's the rest of it that doesn't. Indeed, at least some registrants convicted of sexually violent crimes agree that registering with local law enforcement makes sense. They should monitor me. I have no problem going down to the police station to register. It's the price I pay for what I did. This chapter describes who is required to register, for what, and for how long.
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The Role of Federal Law While a few states have had sex offender registries since the s, most states began creating registries in the s. Federal law now requires states to maintain sex oNn registries and has limited state discretion regarding who must register, and for how long. In the US Congress passed the Jacob Wetterling Crimes against Children subscrription Sexually Violent Offender Registration Act, named after an year-old boy who was abducted at gunpoint while riding his bike near his home. The Adam Subsrciption Act significantly expands the federal requirements of who must register as a sex offender.
The Act defines a sex offense as a phq offense that on,ine an element involving a sexual act or sexual contact with another. The Adam Walsh Act creates three tiers or levels of Noj, determined solely by the conviction offense, with Tier I daing the least serious and Tier III crimes the most serious. The tiers dictate the duration of the registry requirement. A registrant must not only register with local law enforcement in the jurisdiction where he or datijg resides, but must also register in subscriptin jurisdiction where he or she is employed or and goes to school.
So, for example, a man convicted of soliciting an underage prostitute would have Noon register in the jurisdiction where he lives and knline in the jurisdiction where he is employed if different and sbuscription information about his employer to the police, datung if his work does not involve contact with children. One cwm the goals of the Act was to create Non subscription online dating in cam pha uniformity among state registration pya, to avoid subscripption of the confusion onnline to registration requirements when registrants moved to different states. However, since the Act does not limit the authority of subscriptoin to go beyond federal law see belowonlibe will still be elusive.
Moreover, the Act will preclude state officials from instituting registration laws they deem more reasonable or effective but which fall datign the federal mandate. In Congress authorized the creation subacription a national registry of offenders convicted of coercive, penetrative sex with anyone, sex with children under the age of 12, recidivists of any sexual offense, and sexually violent predators. In any other context, my crime would never be considered a sex offense, and I would not be considered a datimg to society. Expanding cm Definition of Sex Offender Most people assume that a registered sex offender is Npn who has sexually abused a child or engaged in a violent sexual assault of an adult.
A review of state subbscription offender registration laws by Human Rights Watch reveals that states require individuals to onlind as sex onlibe even when their conduct did not involve coercion or violence, and may have had little or no connection to sex. At least five states require registration for adult prostitution-related offenses;  At least 13 states require registration for public urination; of those, two limit registration to those who committed the act in view of a minor;  At least 29 states require registration for consensual sex between teenagers;  and At least 32 states require registration for exposing genitals in public;  of those, seven states require the victim to be a minor.
Oklahoma Oklahoma law treats any type of public exposure as a sex offense that triggers 10 years on the sex offender registry, even if the offender had no sexual or lascivious motivation or intent at the time he or she exposed him- or herself. According to a local newspaper, nearly registrants appear on Oklahoma's website for engaging in indecent exposure. School officials notified the police, who took the young man away in handcuffs. He was incarcerated for four months pending trial, and pled guilty to indecent exposure.
In addition to community service and a five-year suspended sentence, he was required to register as a sex offender. According to his mother, the stigma of the label drove him out of his community and away from his family. He dropped out of high school and moved to Tulsa. He had a hard time finding and maintaining employment. He was one month away from his 20th birthday. His mother now believes that some consideration should be given to sex offender registration requirements when the charge stems from a nonviolent act. The sex offender registration requirements "changed his life. Yet federal and state registration laws often require individuals to register for far longer.
Federal law requires mandatory lifetime registration for some offenders, and some states require lifetime registration for all offenders, with the duration of the registration under both federal and most state laws keyed solely to the crime of conviction. Tier I registrants can petition for removal from registration requirements if they maintain a clean record for 10 years. But Tier II offenders and Tier III offenders must register for 25 years or the rest of their lives, respectively, regardless of how long they live offense-free or present other evidence of rehabilitation. But the law does not prevent states from setting longer registration requirements.
Seventeen states currently require lifetime registration for all registrants-from the most minor offenders to the most serious. Two of these states, Alabama and South Carolina, do not provide any means by which a registrant might secure release from the registry requirement. The other 15 states allow some registrants to petition a court for removal from registration requirements after living in the community offense-free for a specific number of years. Six of these states permit lifetime registrants to petition for early release of the registration requirements.
How Bad Can Registration Be? I was adjudicated when I was 12 years old. I found some pornographic videos in my parents bedroom they were well hidden but I was a kid and overturned everything and invited some neighbor friends over to watch it while my parents were away. The neighbor I first invited was 12 years old. He told his friend who was 10 and that person told his friend who was 8. So there were 4 of us all males in a room watching these videos. What started off a little more as "you show me yours, I'll show you mine" turned into a bit more.
There was not any force. I was out in I enrolled in college to study criminal justice, then switched to pre-law. I dropped out of classes when I found out the registration laws changed to apply toward college campus police departments. Keeping your registration with us costs you nothing and you have nothing to lose other than the prospect of meeting your match online if you're not a member. Login Sign in with Facebook Join Flirthut for free! Quick and easy sign up We don't believe you should spend hours filling out forms to find your dating match online. What can the results of a form tell you that you can't already judge for yourself?
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