Facts- page 1

The Sex Offender Fact Sheet

(January 25, 2010)

Abolishment of the Public Sex Registry

 Only 5.3% of the people convicted of sex offenses were re-arrested for a new

sex offense and 3.5% were re-convicted. (JUSTICE POLICY INSTITUTE) (1)

 87% of sexual offenses would not have been prevented through sex offender

registration. The majority of the new offenses were committed by individuals

who were first-time sex offenders, offenders not on the registry. (JUSTICE

POLICY INSTITUTE) (4)

 "The system is broken," (AWA laws) Walsh said. "It's overwhelmed and I think

the public is starting to realize that." (CBS TV Broadcast)

 In “The Walsh Act And Its “SORNA” Implications,” we reported that in

Texas victimsʼ rights advocates, prosecutors, and ʻtough-on-crimeʼ

legislators now believe that SORNA is too costly, unnecessarily strict, and

harms the very victims it was designed to protect.” (CRIMINAL

JURISDICTION )

• No research indicating central registries actually reduce recidivism.

(JOURNAL OF SEXUAL OFFENDER CIVIL COMMITMENT)

• There are several researchers who speculate that registries actually

increase reoffending. (JOURNAL OF SEXUAL OFFENDER CIVIL

COMMITMENT)

• Levenson (2003) reported that there is no evidence that community

notification laws are effective in preventing sexual abuse. (JOURNAL OF

SEXUAL OFFENDER CIVIL COMMITMENT) (9)

 In many states, people who urinate in public, teenagers who have consensual

sex with each other, adults who sell sex to other adults, and kids who expose

themselves as a prank are required to register as sex offenders. (HUMAN

RIGHTS WATCH)

• Law enforcement cannot actively monitor all the registrants. The chief

probation officer in an Arizona county told Human Rights Watch,

"Lawmakers have no idea the kind of burden they put on law enforcement

when they increase the number of offenders who must register." (HUMAN

RIGHTS WATCH)

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

• Some studies show that as many as 95% of all new sex offenses are

committed by individuals not required to be on any type of registry. (THE

ADAM WALSH ACT: THE SCARLET LETTER OF THE TWENTY-FIRST CENTURY)

Posting of offender information on the registry

 Human Rights Watch found that only 5 states provided enough

understandable information on online registries for the public to be able to

interpret the charge and the age of both the registrant and the victim. This

may be one of the reasons that the public incorrectly assumes that everyone

on the registry is listed because of an offense against a child. (JUSTICE

POLICY INSTITUTE)

Abolish All Life-Time Civil Commitment

• 17 states that had a total of 3493 persons held under Sexually Violent

Predator laws as of December 2004 is costing at least $224 million

annually. Large sums of money are being spent to lock up a small group

of sex offenders to prevent unspecified sex offences that they might or

might not commit at some time in the future. (JOURNAL OF SEXUAL

OFFENDER CIVIL COMMITMENT)

• Civil commitment is not cost effective. Prentky and Burges (2001) noted

that housing and treatment average from 8 states is $91,000 a year per

offender. It doesnʼt include legal expenses and would likely run $100,000.

The cost to Illinois is predicted to be $1,007,719,300 over ten years.

(JOURNAL OF SEXUAL OFFENDER CIVIL COMMITMENT)

Stop public vilification/demonization of sex offenders

 A study of 183 people participating in sex offense treatment in Florida

found that about 19% reported that other members of their household had

been “threatened, harassed, assaulted, injured, or suffered property

damage.” (JUSTICE POLICY INSTITUTE) (12)

• There have been numerous reports of vigilantism against people on the

sex offender registry, including harassment, threats, and even murders.

(JUSTICE POLICY INSTITUTE)

 A study by Richard Tewksbury at the University of Louisville found that 47

% of people had been harassed in person. 28% had received threatening

phone calls. (JUSTICE POLICY INSTITUTE) (12)

• Blanket polices that treat all sexual offenders as “high risk” waste

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

resources by over-supervising lower risk offenders. This diverts resources

from the truly high-risk offenders who could benefit from increased

supervision and human services (PUBLIC SAFETY AND EMERGENCY

PREPAREDNESS)

• Offenders receive threatening mail and phone calls. Even worse, activists

burn and vandalize offendersʼ homes. Some offenders move and fail to

update their registry information and vigilantes mistakenly target innocent

homeowners because their addresses appear on the registry. (THE

ADAM WALSH ACT: THE SCARLET LETTER OF THE TWENTY-FIRST

CENTURY)

Decriminalize all consensual sexual activities among teenagers.

 Slightly more than 75% of youth reported had sexual intercourse.

(JUSTICE POLICY INSTITUTE)

 More than 80% reported having had sex by age 15. Thus, Children having

sex by the age of 15 would be guilty of committing a sex offense.

(JUSTICE POLICY INSTITUTE)

Stop all required sex offender registration for minors

 Most youth behavior that is categorized as a sex crime is activity that

mental health professionals do not deem as predatory. (JUSTICE POLICY

INSTITUTE)

 There was a 2006 study of 300 boys on the sex offense registry in Texas.

They were under the age of 18 at the time of their first sex offense charge.

The study found that 4.3% was rearrested as an adult for another sex

offense. (JUSTICE POLICY INSTITUTE)

 More than nine out of 10 times the arrest of a youth for a sex offense is a

onetime event. (JUSTICE POLICY INSTITUTE)

 Youth who are labeled “sex offenders” often experience rejection from

peer groups, adults and the church. They are more likely to associate with

delinquent or troubled peers. Youth may be more likely to engage in illegal

behavior and re-offend. (JUSTICE POLICY INSTITUTE)

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

Stop all laws that provide the death penalty or life in prison

No data at this time

Support broad sex education for children.

No Data at this time

Abolish residency laws

 Seattle police detective Bob Shilling, a nationally recognized expert on sex

offenders, noted that Seattleʼs residency restriction law “creates a lot more

homeless sex offenders, which makes it a lot harder for us to keep track of

them. [Residency restrictions] do not work. In fact, it exacerbates the

problem.” (JUSTICE POLICY INSTITUTE)

 According to a report by the Minnesota Department of Corrections,

“Rather than lowering sexual recidivism, housing restrictions may work

against this goal by fostering conditions that exacerbate sex offenders_

reintegration into society.” (JUSTICE POLICY INSTITUTE)

• Residency restrictions push former offenders away from the supervision,

treatment, stability, and supportive networks they may need to build and

maintain successful, law abiding lives. As one Iowa sheriff said, "We are

less safe as a community now than we were before the residency

restrictions." (JOURNAL OF SEXUAL OFFENDER CIVIL COMMITMENT)

Encourage support groups for sex offenders and treatment

 The State of Washington gives this data about SO treatment programs.

2.7% of the sex offenders who did not receive treatment and released

from prison were convicted of a sexual felony within six years. Only 1.8%

of those who received treatment were convicted of a sexual felony within

six years. (CRIMINAL JURISDICTION )

• Many child safety and rape prevention advocates would like to see more

money spent on prevention, education, and awareness programs for

children and adults, counseling for victims of sexual violence, and

programs that facilitate treatment and the transition back to society for

convicted sex offenders. (JOURNAL OF SEXUAL OFFENDER CIVIL

COMMITMENT)

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

The low rate of Recidivism for Sex Offenders

 Most sexual offenders do not re-offend sexually over time. After a 15 year

study, 73% of sexual offenders had not been charged with, or convicted of,

another sexual offence. (PUBLIC SAFETY AND EMERGENCY

PREPAREDNESS CANADA)

 The rate of recidivism decreases the longer an offender has been offence

free. Five year recidivism rate for new releases of 14% decreased to 4% for

individuals who have been offence-free for 15 years (PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS CANADA)



• Some politicians cite recidivism rates for sex offenders that are as high as

80-90 percent. In fact, most (three out of four) former sex offenders do not

reoffend and most sex crimes are not committed by former offenders.

(JOURNAL OF SEXUAL OFFENDER CIVIL COMMITMENT)

• According to a 1997 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. (JOURNAL OF SEXUAL OFFENDER

CIVIL COMMITMENT)

• Uniform requirements for all levels of sex offenders do not acknowledge

recidivism statistics. The sex offenders convicted of the most severe

offenses are those most likely to re-offend. (THE ADAM WALSH ACT:

THE SCARLET LETTER OF THE TWENTY-FIRST CENTURY)

Other Sex Offender Issues

Cost of the AWA registry

 States and localities can expect to incur significant costs as they

attempt to implement the AWA. If Virginia chose to enact AWA,

implementation costs would cause the state to effectively lose

$12,097,000. The yearly Byrne grant they would receive is only

$400,000. Note: See “Estimated State Costs of AWA for a specific state.

(JUSTICE POLICY INSTITUTE)

 California officials have begun to question the cost-effectiveness of its

sex offender registration laws. They are seriously considering rejecting

increased federal funding for these laws. (CRIMINAL JURISDICTION )

 States that opt out of AWA will lose ten percent of their Byrne Grant

funding, but the changes states are required to make under the AWA

are far more costly than the amount they will lose if they do not

comply. (THE ADAM WALSH ACT: THE SCARLET LETTER OF THE

TWENTY-FIRST CENTURY)

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

Stranger Danger

 The research showed that almost half (49 %) of youth under age six

and 42 % of children ages six to 11 were sexually assaulted by a

family member. (JUSTICE POLICY INSTITUTE)

 The study concluded that 34% of youth victims (0-17 years old) were

sexually assaulted by a family member and 59% were assaulted by

acquaintances. (JUSTICE POLICY INSTITUTE)

 About three-quarters (72.6%) of children were victimized by people

they knew. (JUSTICE POLICY INSTITUTE)

 90% of sex offenses against children are by family members or

 acquaintances. The sexual abuse of a child by a stranger, previously

convicted of a sex offense, is a rare event. (JOURNAL OF SEXUAL

OFFENDER CIVIL COMMITMENT) (5)

 People children know and trust are responsible for over 90% of sex

crimes against them. (JOURNAL OF SEXUAL OFFENDER CIVIL

COMMITMENT) (5)

Ex Post Facto/Retroactive Sex Offender laws

No data at this time

Robinʼs questions not addressed in the above categories

(10) What statistical change has occurred in the overall rate of sexual

crime since the passage of Megan's Law?

Megan’s Law has no effect on community tenure (i.e., time to first re-arrest).

Megan’s Law showed no demonstrable effect in reducing sexual re-offenses.

Megan’s Law has no effect on the type of sexual re-offense or first time sexual offense

(still largely child molestation/incest).

Megan’s Law has no effect on reducing the number of victims involved in sexual

offenses. (MEGAN’S LAW: ASSESSING THE PRACTICAL AND MONETARY

EFFICACY)

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

(11) When was Megan's Law originally passed and implemented?

1994_The Jacob Wetterling Crimes Against Children and Sexually Violent Offender

Registration Act is passed as part of the Federal Violent Crime Control and Law

Enforcement Act of 1994. This law requires states to implement a sex offender and

crimes against children registry.

1996_Megan's Law amends the Wetterling Act. It requires states to establish a

community notification system.

The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 becomes an

amendment to the Wetterling Act. It requires lifetime registration for recidivists and

offenders who commit certain aggravated offenses.

1998_Provisions contained in Section 115 of the General Provisions of Title I of the

Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act

(CJSA) amend the requirements of the Wetterling Act to include heightened registration

requirements for sexually violent offenders, registration of federal and military offenders,

registration of nonresident workers and students, and participation in the National Sex

Offender Registry (NSOR).

2000_The Campus Sex Crimes Prevention Act amends the Wetterling Act, requiring

offenders to report information regarding any enrollment or employment at an institution

of higher education and to provide this information to a law enforcement agency whose

jurisdiction includes the institution. (OFFICE OF JUSTICE PROGRAMS: BUREAU

OF JUSTICE ASSISTANCE)

References

Justice Policy Institute

Registering Harm: How Sex Offender Registries Fail Youth and Communities

Justice Policy Staff

11/2008

Failure of the Registry Full #6AF655.pdf

Public Safety and Emergency Preparedness Canada

Sex Offender Recidivism: A Simple Question

Andrew J. R. Harris and R. Karl Hanson

http://www.publicsafety.gc.ca/res/cor/rep/_fl/2004-03-se-off-eng.pdf

The Adam Walsh Act: The Scarlet Letter of the Twenty-First Century

Lara Geer Farley

Washburn Law Journal

4/2008

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

http://washburnlaw.edu/wlj/47-2/articles/geerfarley-lara.pdf (Full text below)

Criminal Jurisdiction

Sex Offender Registration Laws Beg Reform

John Floyd, Criminal lawyer and Billy Sinclair, Paralegal

10/2009

http://www.johntfloyd.com/blog/2009/10/01/sexoffenderregistration-

laws-beg-reform/

JOURNAL OF SEXUAL OFFENDER CIVIL COMMITMENT

Hollida Wakefield

The Vilification of Sex Offenders: Do Laws Targeting Sex

Offenders Increase Recidivism and Sexual Violence?

2006

http://ccoso.org/Vilification.pdf

CBS TV Broadcast

Bill Whitaker

Tracking a Predator

http://www.cbsnews.com/stories/2009/11/04/eveningnews/main5527563.shtml

U.S. Department of Justice

Megan’s Law: Assessing the Practical and

Monetary Efficacy

Kristen Zgoba, Ph.D.; Philip Witt, Ph.D.; Melissa

Dalessandro, M.S.W.; Bonita Veysey, Ph.D.

Office of Justice Programs: Bureau of Justice Assistance

BAJ Staff

NO DATE

http://www.ojp.usdoj.gov/BJA/what/2a1jwacthistory.html

RSOL/CC Sex Offender Fact Sheet Revision Date: 10/25/10

Compiled by RSOL/CC Research Team Not For Publication

Facts- Page 2

Home Mission Statement We Believe Contacts Resources Links Facts Support Group

Brochures NM Legislation Fund Raising Adam Walsh Act Blog