Sex offender

A sex offender (also 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 by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a sexual nature. Some sex offenders have simply violated a law contained in a sexual category. Some of the titles of crimes which usually result in a mandatory sex-offender classification are: second prostitution conviction, sending or receiving obscene content in the form of SMS text messages—sexting, relationships between young adults and teenagers have resulted in corruption of a minor, so long as the age between them is greater than one thousand and sixty days, if any sexual contact was made by the adult to the minor then child molestation has occurred. If sexual conduct occurred, unlawful sexual conduct involving a minor has occurred. Other serious offences are sexual assault, statutory rape, child sexual abuse, rape, sexual imposition, and pandering obscenity.

Contents

Overview

Pandering obscenity offences range from the possession of the book, within the United States, Memoirs of a Woman of Pleasure by author John Cleland, to digital child pornography. In our modern world of technology, many jurisdictions are reforming their laws to prevent the over-prosecution of sex offenders and focusing on crimes involving a victim. The term sexual predator is often used to describe a sex offender or any of the Tier offenders, however, only the category just below sexually violent sexual predator is reserved for a severe or repeated sex offender: sexual predator. The Adam Walsh Act (AWA) proposed to provide funding to each jurisdiction which would agree adopt its Act into their law. In the few jurisdictions which did accept this agreement, there are either Tier I, Tier II, or Tier III sex offenders. Individuals convicted of petty crimes not covered by the AWA are still liable to abide by the previous regulations denoting them as a sex offender (or habitual sex offender, sexual predator, sexually violent sexual predator, child-victim offender, etc.)

In the United States, the United Kingdom, and other countries, a convicted sex offender is often required to register with the respective jurisdiction's sex offender registry. In the U.S., registry databases are often open to the public. Sexual offenders are sometimes classified into levels.[1] The highest level offenders generally must register as a sex offender for their entire lives, whereas low-level offenders may only need to register for a limited time.

Recidivism rates

A 2002 study by the United States Department of Justice indicated that recidivism rates among sex offenders was 5.3%; that is, about 1 in 19 of released sex offenders were later arrested for another sex crime. The same study mentioned that 68% of released non-sex offenders were rearrested for any crime (both sex and non-sex offenses), while 43% of the released sex offenders were rearrested for any crime (and 24% reconvicted).[2]

A collection of official studies spanning the years 1983 to 2010 across all 50 states and the federal government has been assembled [3]. This URL provides a spreadsheet and .zip file containing sources supporting the DOJ study, where the average recidivism of sex offenders committing new sex crimes since 1983 is approximately 9%, compared to the 42% average recidivism rate for all felony offenders committing any new felony offense.

According to the Office of Justice Programs of the United States Department of Justice,[3] in New York State the recidivism rates for sex offenders have been shown to be lower than any other crime except murder. Another report from the OJP that studied recidivism of prisoners released in 1994 in 15 states accounting for two-thirds of all prisoners released in the United States that year,[4] reached the same conclusion.

In 2007, the State Bureau of Investigation in North Carolina made significant changes to its sex offender registration system, including new search criteria that include an "offender status" search, enabling an explicit search for convicted sex offense recidivists in the sex offender database. Manual searches by county using the new criteria yield some of the lowest recidivist percentages ever disseminated by any law enforcement establishment. In the entire State of North Carolina, there are only 71 recidivists shown on the registry, if incarcerated offenders are included. Per-county results for "Registered" status offenders compared against "Recidivist" status offenders on the North Carolina registry yield actual convicted recidivist percentages ranging from zero to fractions of one percent.[5]

Sex offenders[2]

Post-incarceration registries and restrictions

A sex offender registry is a system in place in a number of jurisdictions designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions (especially in the United States), information in the registry is made available to the general public via a website or other means. In many jurisdictions registered sex offenders are subject to additional restrictions, including housing. Those on parole or probation may be subject to restrictions that don't apply to other parolees or probationers.[6] Sometimes these include (or have been proposed to include) restrictions on being in the presence of minors, living in proximity to a school or day care center, or owning toys or other items of interest to minors.

Megan's Law is designed to punish sex offenders and reduce their ability to re-offend. The law is enacted and enforced on a state-by-state basis. Most U.S. states also place restrictions on where convicted sex offenders can live after their release, prohibiting residency within a designated distance of schools and daycare centers (usually 1,000 - 2,000 feet).

Living as a convicted sex offender includes living by residence stipulations in accordance with known areas of child congregation. Guided by the Adam Walsh Child Safety and Protection Act of 2007, sex offenders must steer clear of such “off-limit areas” as schools, bus stops, gyms, recreation centers, playgrounds, parks, swimming pools, libraries, nursing homes, and places of worship by five hundred to twenty five hundred feet. Yet, the residence stipulations vary individually from state to state on the intensity and specifics at hand. Some states, including Arkansas, Illinois, Washington, and Idaho, do not require sex offenders to move from their residence if a forbidden facility is built or law is enacted after the offender’s permanent placement at that particular residence. Such states as Minnesota and Oklahoma do not provide exclusions allowing alterations to residence restriction laws, but Oregon, on the other hand, does not take distance into contemplation, but instead, the primary occupancy of children on a permanent basis within the home in consideration of the offender’s allowance per their parole or probation officer’s decision on the matter (Laney).

Committing to a residence requires a convicted sex offender to be notified of local registration aspects by local law enforcement when convicted of the offense after January 1, 2005. The notification must be acted upon by the offender within five business days of receipt. If and when an offender is released from imprisonment they must confirm their registration status within five business days. Registration includes the offender’s sex, height, weight, date of birth, any identifying characteristics, specific statutes of their conviction, and even the accompaniment of a current photograph and set of fingerprints. Furthermore, an offender’s email addresses, chat room IDs, or instant messaging aliases must be surrendered to authorities. In Colorado, an offender is subject to reregistering on the basis of moving to a new location; changing their legal name, employment, volunteer, identifying information used online or enrollment status at a place of post-secondary education. Keeping up with modern times through the access of public information through the use of technology, a web-based registration list can be found on county websites, in any state, that name adult convicted sex offenders that are sexually violent predators convicted of unlawful sexual acts as a felony, crimes of violence, or by failure to register as required. Legally, “any person who is a sexually violent predator and any person who is convicted as an adult...has a duty to register for the remainder of his or her natural life” (Committee of Legal Services of the Colorado General Assembly). Exceptions to this include deferred sentencing for the offense or petition of the court for termination of registration to then possibly result in the offender reregistering themselves each and every ninety days up to and after their birthday for ‘commission of the offense’ (Colorado Bureau of Investigation, Colorado Division of Criminal Justice, Colorado Sex Offender Management Board).

Therapies

Behavior modification programs have been shown to reduce recidivism in sex offenders.[7] Often such programs use principles of applied behavior analysis. Two such approaches from this line of research have promise. The first uses operant conditioning approaches which use reward and punishment to train new behavior such as problem solving[8] and the second uses respondent conditioning procedures such as aversion therapy. Many of the behaviorism programs use covert sensitization[9] and/or odor aversion, which are both forms of aversion therapy and have had ethical challenges to them. Such programs are effective in lowering recidivism by 15-18 percent.[10] The use of aversion therapy procedures remains a controversy and is often discussed as an ethical issue related to the professional practice of behavior analysis.

In 2007, the Texas State Auditor released a report showing that sex offenders who completed the Texas Sex Offender Treatment Program (SOTP) were 61% less likely to commit a new crime.[11]

Chemical castration is used in some countries and states to treat sex offenders, it is reversible once medication is stopped unlike physical castration.

For sex offenders with severe or extreme paraphilias physical castration appears to be effective as, historically, it results in a 20-year re-offense rate of less than 2.3% vs. 80% in the untreated control group, according to a large 1963 study involving a total of 1036 sex offenders by the German researcher A. Langelüddeke, among others,[12] much lower than what was otherwise expected compared to overall sex offender recidivism rates. Although considered to be a cruel and unusual punishment by many, physical castration does not otherwise affect the lifespan of men compared to uncastrated men.

Risk assessment

Therapists use various ways to test the dangerousness of sex offenders. Below are some tests used to determine a sex offender's risk to reoffend:

See also

Articles

Laws

Monitoring, assessment, other

Offenders

Victims

Activists

Shows & organizations

References

  1. ^ [1]
  2. ^ a b BOJ Recidivism of Sex Offenders Released from Prison in 1994, November 2003 http://bjs.ojp.usdoj.gov/content/pub/pdf/rsorp94.pdf
  3. ^ U.S. Department of Justice Criminal Offenders Statistics: Recidivism, statistical information from the late 1990s and very early 2000s, retrieved May 4, 2007
  4. ^ Recidivism of Prisoners Released in 1994, June 2002 http://bjs.ojp.usdoj.gov/content/pub/pdf/rpr94.pdf
  5. ^ North Carolina Sex Offender and Public Protection Registry, searches performed as of May 6, 2007
  6. ^ Sex Offender Registry Review 2007
  7. ^ Marshall, W.L., Jones, R., Ward, T., Johnston, P. & Bambaree, H.E.(1991). Treatment of sex offenders. Clinical Psychology Review, 11, 465-485
  8. ^ Maguth Nezu, C., Fiore, A.A. & Nezu, A.M (2006). Problem Solving Treatment for Intellectually Disabled Sex Offenders. International Journal of Behavioral Consultation and Therapy, 2(2), 266-275 BAO
  9. ^ Rea, J. (2003). Covert Sensitization. The Behavior Analyst Today, 4 (2), 192-201 BAO
  10. ^ Marshall, W.L., Jones, R., Ward, T., Johnston, P. & Bambaree, H.E.(1991). Treatment of sex offenders. Clinical Psychology Review, 11, 465-485
  11. ^ “An Audit Report on Selected Rehabilitation Programs at the Department of Criminal Justice.” Texas State Auditor. March 2007. Report No. 07-026. Retrieved Oct 20, 2009. http://www.sao.state.tx.us/reports/main/07-026.html
  12. ^ http://www.brainphysics.com/research/ocpara_bradford99.html "THE PARAPHILIAS, OBSESSIVE COMPULSIVE SPECTRUM DISORDER, AND THE TREATMENT OF SEXUALLY DEVIANT BEHAVIORS" by J. M. W. Bradford
  13. ^ http://www.pccd.state.pa.us/pccd/lib/pccd/stats/lsi_r_final_report.pdf
  14. ^ [2]

External links