Saturday, April 14, 2012

Are all sex offenses equal?

Should all sex offenders be treated the same? I think there is a difference between the eighteen year old boy who has sex with his sixteen year old girlfriend and the child molester. While the laws do differentiate the two it isn’t by that much. There is a serious risk posed to society by some sex offenders, but the risk posed by others is rather small. The Legislature has taken a firm stance on what is required by all sex offenders. As a society sometimes we tend to overreact. I think that we have done this recently in regards to some sex offenders. The laws that have been created in good faith have made it nearly impossible for anyone convicted of a sex crime to be able to resume a normal life and become a productive member of society. I don’t want you to think I am not for punishing sex offenders, I am. I have a young daughter and am extremely sickened and angered by some of the stories I hear. I think we need to separate the truly dangerous individuals from those that have been caught up in a technicality. Did you know that if a guy gets a little too intoxicated while tailgating at a football game and decides to relieve himself on his cars tire, and the wrong person sees him he can be convicted of a sex crime and be required to register as an offender? I think this is a perfect example of the overzealousness of the system. This cannot be what the lawmakers intended when creating these laws. I am not saying that it is right or ok to urinate in public but to be convicted of a sex crime for it is not right either.



In 1994 the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, became the first law requiring the registration of those convicted of a sex crime. Unfortunately laws like this are usually in response to a tragic event. The fate of young Jacob Wetterling is undetermined as his body has never been found. In 1996 Meagan’s Law amended this act to require public notification. Also in 1996 the Pam Lyncher Sexual Offender Tracking and Identification Act was passed and made it mandatory for certain offenders to have to register for life. As with the first, both of these laws were reactive and not proactive. One other thing all these laws have in common is that they were for law enforcement. They were a resource for law enforcement to track and know who is in their community. It wasn’t until the Adam Walsh Child Protection and Safety Act of 2006 that allowed for the public to be able to see where the offenders are that are living in their neighborhoods. If you want to see where the convicted offenders are in your neighborhood got to http://www.isp.state.il.us/sor/ .  I would caution you though that just because you can see where the convicted offenders are, that doesn’t mean you are completely safe. This shows you where the convicted offenders are living; it doesn’t tell you where the guys are who haven’t been caught yet. One thing that is known from the study of these offenders is that they are not usually caught for their first offense. In fact many times they can be offending for years before they are caught if they are caught at all. This is definitely a serious area to study. It is just in its infancy as a science. They study of sex offenders has only been around since about 1979. We definitely need to find out all we can in order to try to prevent more victims, but we need to be careful to not overreact and lump all offenders together as one. I think that all sex offenses are not created equal so they should not be punished like they are. If you want some more information visit    http://www.llrx.com/features/sexoffenderlaws.htm .

10 comments:

  1. I agree that laws should be changed when it comes to registering as a sex offender, especially if its just a person over 18 dating a 16 year old. Should they really have to register when there are actual sick people in this world who take advantage of people who can't defend themselves. Helpless children, who sometimes don't know better from right and wrong. Since the Sex offender act has been in effect for little Jacob, the awareness only started in the late 70's, I believe that it should be adjusted in some aspects like Brad stated above. I also am not agreeing there are not bad people in this world, but it needs adjustments.

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  2. I think that some of the laws should be changed in terms of who can become a registered sex offender. I think that public urination should not result in having to register as a sex offender, it is wrong but the punishment should fit the crime. One of my friends was 18 years old as a senior in high school and his junior girlfriend was sixteen, if he got in trouble I think that would be completely wrong. The laws are meant to protect people but some cases are different than others. A 30 year old man molesting a young child is very different than a couple who is a few years apart in age.

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  3. I agree with you and the above comments that these laws need to be amended. Also, when you said that the lawmakers didn't probably didn't intend a man urinating on a tire to be named a sexual offender for life is also very true. In my sexual offenders class, we are currently learning about the above laws and why they were made. They were formed because of the horrific crimes that were committed against victims of sexual abuse not because someone was drunk and peed on his own car. I do think that in the years to come, we will be seeing changes in certain laws. One specifically, what is considered sexting? If a 15 year old girl sends a topless photo to a 16 year old boy, she is technically creating and distributing child pornography, he in turn is looking at child pornography. We have to be able to identify what is what what isn't a justified use of the law or else every young teenager who is questioning their own sexual side could be infringing on the laws.

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  4. This topic hits nerve with me. I know a man who was dating a 17 yr old for 2 yrs; and yes he was 21 and probably should have known better but I firmly believe that both parties involved knew the consequences and it was consensual. Someone found out about this relationship and decided to make it their business and turned him in. The girls parents who totally approved of this relationship even put money towards this man's attorneys. He was eventually convicted and served almost 2 years in prison and now must register as a sex offender for the rest of his life. He has a young son who he can not even go and watch his football games because he is a sex offender. I think it is wrong and I am disgusted at the way things are with the criminal justice system in regards to this whole topic is handled. Something has to be done to differential the 60 year old repeat child sex offender with the boyfriend who is a couple years older then his not of age girlfriend.

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  5. I agree that not all sex offenses are the same. I don't believe that people who urinate in public should be punished the same way as someone who rapes someone else. there should be varying degrees of sex offenses and should be applied in society stating exactly what offense will garner you prison time and what offense will garner you a fine. Not all sex offenders are the same; they shouldn't be punished the same way either.

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  6. Very interesting point Brad! Did you by chance take CJS 337 with Cheri Miller? You seem to make many connections with her concepts well. Anyways, No, I do not feel that all sex offenses should be equal. I agree that there is a difference between an eighteen year old male having sex with his consenting sixteen year old and a child molester. I also do not feel that the same social stigma should be attached to all sexual offenders like it is. The registration laws are extremely necessary are pivotal in protecting society; however, some offenders are too harshly labeled. Thank you for pointing out the specific case law, it made it very informative.

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  7. I agree with most everyone who has posted about this blog. All sex offenders should not be equal in there punishment because each situation is different. Not all people who are registered sex offenders have committed the same crime. Something should be done about this problem.

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  8. I defiantly feel that laws should be changed regarding certain "sex offenders." I feel that a 18 year old should not be charged the same as an actual child molester for having sex with his underage girlfriend. There is a clear and distinct line between the two. Not only does the 18 year old boy have to register as a sex offender but his entire life is now ruined due to this dumb law.

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  9. I agree completely with the fact that sentences need to be guided more precisely, however the sex crime that can be given to a public urinater is not as harsh as that. There are stipulations that must be determined in order for that type of conviction to occur. Molesters and the lightest sex crimes do seem to be differentiated lightly. I would assume legislation is actively acting upon these type of cases, however I have no problem with putting a child rapest in his coffin. Good article though!

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  10. I don't agree with the idea that all sex offenses are equal. Just like with most other crimes, there is a degree in which they can be committed and this holds true for sex crimes. Because of the sensitivity of the issue most people become enraged with sex offenders and want them locked up for good, when really the extent of their crimes should be evaluated and the punishment should be fit to the nature of the crime.

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