Patty Wetterling, Board Chair of the National Center for Missing and Exploited Children, expresses gnawing doubts over how we deal with sex offenders. Click In the News for more.
Those who have been sexually abused have no sympathy for someone listed on a sex offender registry. Victims suffer lifelong consequences of that abuse and many have difficulty moving on with their lives. Society hears of this abuse and applauds stricter laws for those who have committed such crimes.

Those on the registry do not understand why lawmakers continue to pass harsher laws each year for a "past" crime - including crimes from 10, 15, or 20 years ago. Each year, harsher laws are passed further restricting where they can live or where they can go. Offenses continue to be added to the definitions of "sex offender" and "sexual predator" - including crimes with no sexual intent.

Lawmakers' response to public outcry resulted in laws primarily designed with stranger offenders in mind, despite evidence that individuals known by the victim were more likely to be the offenders of concern. The strongest argument in support of our current laws is the purportedly high recidivism rate among sex offenders. However, when actual evidence of recidivism is examined, there is a huge gap that exists between what is assumed and what the data actually shows. The truth is that most sex offenders do NOT re-offend. Current laws are focused on punishing and restricting people for past crimes, with no assessments being conducted to know if a person is at risk of re-offending. Meanwhile, sexual assaults continue and in most cases, the offender is someone known to the victim and in even more cases, the offender is not someone already convicted of a sex-based crime.

MYTHS


Everyone on the sex offender registry has sexually assaulted someone.

FACTS


Illinois has over 30 offenses which can label a person a sex offender. These offenses include unlawful restraint, teenagers having consensual sex or emailing and texting partially nude photos to one another, viewing one partially nude photo of someone under the age of 18 (even if unintentional), public indecency (3 or more convictions), traveling to meet someone under the age of 18 or asking if they want a ride (even if the person is 17 and the other person is 18), false accusations, and many more. In some states, an accusation alone can put them on the registry.
Because sex offenders have a high rate of recidivism (re-offending), it is necessary to have them register, many for the rest of their lives.
According to the U.S. Department of Justice, 5.3% of sex offenders released from prison were rearrested for a new sex crime within three years, while only 3.5% were reconvicted for a new sex crime. Of those sex offenders released, 71.5% had no previous arrest for sex offenses.
The registry was first enacted so law enforcement could locate offenders when a child goes missing because strangers are a threat to children.
Today’s registration laws goes far beyond just law enforcement tracking those on the registry. The U.S. Department of Justice found that in child sexual abuse cases, only 7% were strangers. The FBI's Crime Against Children Spotlight states, "According to the National Center for Missing and Exploited Children (NCMEC), every year, more than 200,000 children are abducted by family members. An additional 58,000 are taken by nonrelatives with primarily sexual motives. However, only 115 reported abductions represent cases in which strangers abduct and kill children, hold them for ransom, or take them with the intention to keep."
Public registries and community notification allows parents to be informed as to offender’s whereabouts in order to protect their children from sexual abuse.
Because most (nearly 95%) of all future crimes will be committed by someone not currently on the registry, having a public registry does nothing more than cause humiliation, loss of employment, loss of friends and family, potential vigilantism, etc. The original intent of the registry was for law enforcement to use in investigating new sex-based crimes. Public registries were started by politicians.
Keeping sex offenders from living within 500 feet of schools, day care centers, etc. prevents them from re-offending.
Perhaps for a select few these restrictions might deter someone from re-offending. But for the majority of those on the registry, current research shows no correlation between residency restrictions and recidivism.
Keeping sex offenders from being in, or loitering 500 feet from, parks, bike trails, etc. prevents them from re-offending.
The majority of sexual abuse cases are committed by someone not currently on the registry. Feeling secure that an offender is not allowed in a park could let your guard down to the person who is there who could potentially be a threat to your children, including gang members, drug dealers, etc.
Lawmakers are continuously passing harsher and harsher laws restricting sex offenders because it is necessary in order to protect society.
Current laws are passed based on hysteria and myths.  Even victim advocacy groups disagree with many of our current laws. Lawmakers are using sex offender legislation as a way to appear "tough on crime" in hopes of keeping and/or gaining votes.
Those listed on the registry as "sexual predators" have possessed predatory behavior.
There are many crimes that can label a person a "sexual predator" - without any predatory behavior. A consensual relationship with a 5 year age difference or viewing a single photo of a partially nude 17-year-old girl can lead to this label.
Sex offenders cannot be cured.
Many people labeled as sex offenders committed non-violent and even non-sexual crimes, not requiring treatment outside of parole and probation. For others, it has been proven that treatment reduces recidivism. Most people learn from their mistakes and sex offenders are no exception. Just getting caught changes the behavior of most individuals.
Anyone who commits a sex-based crime is required to register as a sex offender.
In some cases, if you have money or you are in a position of power, you are able to get around the law and not required to be labeled a sex offender.  
Those who were abused as children grow up to become sex offenders.
Some people who commit sex offenses have been victims of sexual abuse themselves, but many have not. Being sexually abused does not cause people to become sex offenders. In fact, most people who have been sexually abused do not go on to sexually abuse others.
Current sex offender laws are doing the job of protecting society.
_Since sex offenders have a low recidivism rate and since the majority of sexual assault cases are committed by someone in the family or someone known to the family, our current sex offender laws are not protecting society. Research varies but the fact is most (nearly 95%) of all future sex crimes will be committed by someone not currently on a sex offender registry.
Teaching your children about stranger-danger will prevent them from being sexually assaulted.
As mentioned above, the majority of sex-based crimes are committed by those known to the family. Stranger-danger, for the most part, is a myth.
Victims of sexual abuse suffer long after the physical damage is done.
No argument there. However, we must remember that even criminals are citizens and everyone deserves a second chance, as well as the same constitutional rights as other citizens. If we take away civil rights from a particular group of people and say that the constitution does not apply to this group, who will be the next group of people banished?
There are no (or very little) consequences for many offenders and therefore there is no way to prevent future crimes.
Courts impose difference situations for different crimes. Some are sentenced to jail or prison, while others are put on probation. All offenders have strict residency and loitering restrictions and most are for the rest of their lives. However, since the majority of future crimes will be committed by people not currently on the registry, our current laws are doing nothing to prevent future crimes.

The Reality is . . .

_The majority of sexual assault cases are committed by family members or someone known to the family and the majority of those labeled sex offenders will not re-offend. These are facts and have been proven through legitimate research. Because of these facts, the public registry, all residency restrictions and trackings of these individuals will be very close to a waste of time. Such will not make our communities any safer but they will, in fact, through proven evidence, do the opposite.
Together, the Registration Act and the Notification Law have the clear and unmistakable effect of imposing additional punishment upon an offender who has already been tried, convicted, and has served his lawful sentence. These statutes, by design, will often result in shame and humiliation for ex-offenders, causing significant hardship as they attempt to reenter society as useful citizens. Whether this shame and humiliation might, in the view of some, be deserved is beside the point. What matters is that the State has already had its opportunity to impose whatever measure of retribution against defendant the criminal law allows. Once an offender has served his sentence, the punishment must stop.

Justice Heiple’s dissent in People v. Adams

It's time for a change!

Picture
Over time, harsh laws have been passed to further restrict sex offenders by implementing residency and loitering restrictions, GPS monitoring, community notification, and much more. Other crimes have been added to the category of "sex offenses" that go far beyond rape or child molestation and some include the language "with no sexual intent."

Current sex offender laws are not working. Reform is necessary to protect society, especially children, and to find a way to reintegrate those who have offended. Current laws are over-broad, over-inclusive, and do not distinguish between violent sex offenders and non-violent persons charged with sexually based crimes. Applying tough sanctions without regard to the actual danger posed by all convicted offenders actually makes us less safe. Law enforcement spends a great deal of time and money keeping tabs on those who pose little or no risk – keeping them from focusing on the high-risk offenders. Pouring scarce resources into monitoring all persons convicted of sexually based crimes means less money for programs to prevent sexual violence.

It's time we stop passing "feel good" laws and start taking steps to accomplish the original goal of the registry . . . to protect society!

What Should be Done

Picture
Each year lawmakers pass more laws further restricting people for past crimes as sexual abuse by those not on the registry continues to occur. We need a new approach. Until society, as a whole, begins looking at fact-based research before enacting laws, it is up to us to protect our children from sexual abuse.

Don't rely on the sex offender registry to protect your children. Click the image to the left and educate yourself!