Views from the Top and Bottom: Lawmakers and Practitioners Discuss Sex Offender Laws

The perceptions and attitudes that policymakers and criminal justice practitioners have about sexual offending and sexual victimization affects how state lawmakers respond to sex crimes, and how practitioners implement sex offender legislation. Policymakers continue to create new sex offender laws and, as such, the number of convicted sex offenders continues to rise. Thus, policymakers and criminal justice practitioners are increasingly important players in the public policy response to sexual criminals. To better understand the motivation, rationale, content, and purpose of statewide sex offender laws, and their role in the day-to-day management of convicted sex offenders, a non-probability sample of policymakers (n?=?61) and criminal justice practitioners (n?=?25) from across the country were interviewed. Results indicated that nearly all respondents from both groups were familiar/very familiar with their state-level sex offender laws. Policymakers and practitioners also mentioned the influential role that specific victimizations play in creating a perceived need for more sex offender legislation. The politicians and the practitioners view the laws as effective public safety mechanisms. Still, both groups noted serious problems with the laws. Furthermore, policymakers had a more negative attitude about the efficacy of sex offender therapy than criminal justice respondents. Suggestions for future research and policy implications are offered.     

Sexual offender’s experiences of polygraph testing: a thematic study in three probation trusts*

Post-conviction polygraph testing of sexual offenders is controversial and the use of the polygraph as a means of supporting supervision of sexual offenders has only recently been explored. This study quantitatively examined qualitatively offender managers’ and sexual offenders’ views on the mandatory use of the polygraph in a community-based supervision. Fifteen polygraphed offenders and their 10 offender managers (polygraph group), and 10 non-polygraphed offenders and their ten offender managers (comparison group) were asked about their experiences and perceptions of a mandatory polygraph use. Using thematic analysis, the results provided four main themes: (1) truth detection, (2) perceptions of behaviour change, (3) perceptions of polygraph as part of supervision, and (4) national implementation of polygraph testing. Results suggest several benefits to mandatory polygraph testing as a support for supervision, including offenders making more high-risk disclosures, motivating offender honesty, and aiding offenders’ compliance with licence conditions.     

Impressions of ineffectiveness: exploring support partners’ attitudes toward sex offender registration and notification

ABSTRACT

The present study utilized in-depth qualitative interviews with 38 people who provided formal social support to registered sex offenders to explore their attitudes toward sex offender registration and notification (SORN). Findings revealed that there were three primary areas of perceptions that these support partners had concerning SORN laws. These themes – incapable of adequately raising public awareness, unable to impact sex offender recidivism, and inappropriate for most sex offenders – suggested that such policies were ineffective strategies for sex offender management. Limitations, directions for future research, and corresponding policy implications are discussed.     

The community corrections perspective toward sex offender management policies and collateral consequences: does contact with sex offenders matter?

Since the 1990s, numerous policies have been enacted aimed at managing sex offenders in the community. Two of the most prominent management policies are registries for sex offenders and residence restrictions. Community corrections professionals are tasked with enforcing these policies and yet little is known about their perceptions toward sex offenders and the policies in place to manage them. Prior research has suggested that contact with sex offenders may place a significant role in shaping the attitudes of community corrections professionals toward sex offender management policies and collateral consequences. The current study investigates the effect of contact with sex offenders on the perceptions of community corrections professionals (n = 209) toward sex offender management policies and collateral consequences faced by sex offenders. Findings suggest that contact with sex offenders does not influence the attitudes of community corrections professionals, but several other significant factors were revealed including parental status, political orientation, race, tenure, sex, and age.     

Support for Current Sex Offender Management Policies: A National Survey of the Perceptions of Professionals

Utilizing a sample gathered from two professional organizations, this study compared the perceptions held by criminal justice professionals and clinical specialists toward current sex offender management policies. In addition to controlling for demographic variables, consideration was given to the roles of belief in the cause of sex offending and punishment philosophy, both largely absent from the literature on sex offender policy perceptions, as influencing factors of policy support. Results indicate low levels of support for current policies across professional groups, however, criminal justice professionals are significantly more likely to support current policies than clinical specialists. Furthermore, belief that sex offending is caused by a lack of virtue, holding a traditional punishment philosophy, and being a parent were associated with increased support for current policies. The implications of these findings for the management of sex offenders are discussed.     

The Gender Gap in Sex Offender Punishment

This paper tests theoretical arguments that suggest court actors hold gendered views of sex offenders that result in a gender gap in sex offender punishment, where women who commit sexual offenses are treated more leniently than their male counterparts. We test this argument with precision matching analyses using 15 years of data on all felony sex offenders sentenced in a single state. Results indicate that gender disparities in sex offender sentencing exist and are pervasive across sex offense types. Specifically, male sex offenders are more likely to be sentenced to prison, and given longer terms, than female sex offenders. Findings are similar across sex offense severity and whether the offense involved a minor victim. These findings suggest that female sex offenders are treated more leniently than their matched male counterparts, even in instances of more serious sex offenses and those involving minor victims. Findings support theoretical arguments that contend that court decision-making is influenced by legally-irrelevant characteristics and raise questions about the source of gendered views of sex offenders and their effects on punishment approaches. Findings also raise questions about the virtue of get-tough sentencing policies that provide leeway for such dramatic variation across different groups of people.     

Policy-makers’ perceptions on their sex offender laws: the good,the bad,and the ugly

The views and attitudes that lawmakers have about sexual offenders and sexual victimization can be influential in criminal lawmaking. And given the popularity of sex offender laws, policy-makers are central players in how state justice systems respond to sex crimes. Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n?=?61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries. Policy-makers view existing sex offender laws as necessary to enhance public safety and as proof that lawmakers are responding to the needs and concerns of the public. Sex offender laws were also discussed as a source of political capital; a way to help ensure reelection. The sexual victimization of children and the media’s coverage of sex crimes were instrumental in these state-level policy-makers’ decisions to sponsor sex offender laws. Policy and research recommendations are offered.     

Assessment of public attitudes towards sex offenders in an Australian population

Public attitudes towards sex offenders are believed to play a key role in the development of legislation and public policy designed to manage the risks posed by known sex offenders who live in the community. There have, however, been few previous attempts to validate methods by which public attitudes can be measured. The current study aims to address this issue by establishing the factor structure of the Community Attitudes Towards Sex Offenders (CATSO) scale with an Australian community sample and examine the extent to which demographic variables and support for sex offender management policies influence these attitudes. A sample of 552 participants recruited through online social media sites completed the CATSO as well as a number of items developed by the researchers designed to assess individuals' support for specific sex offender policies. Results of an exploratory factor analysis suggested the presence of four distinct factors which were labelled ‘social tendencies’, ‘treatment and punishment’, ‘crime characteristics’ and ‘sexual behaviour’. Individuals with higher levels of educational attainment rated sex offenders less negatively than those with lower educational attainment, while those who reported being supportive of community notification reported more negative attitudes towards sex offenders.     

Making Monsters: The Polygraph,the Plethysmograph,and Other Practices for the Performance of Abnormal Sexuality

This article addresses the use of the polygraph, penile plethysmograph, and other practices for the management of sexual offenders as part of the ‘Containment Approach’, a strategy increasingly common in the United States which is, in part, being trialled in the United Kingdom. The polygraph has a tangled history with abnormal sexuality, as we describe in the context of homosexuality in the 1960s. We examine how these strategies target sex offenders as malleable in regard to sexual performances but also, through notions of risk management, paradoxically constitute offenders as fundamentally incurable and thus permanently risky. Using Foucault's notion of the ‘abnormal’, we investigate the implications of this risk management/ performance paradox. We conclude that it reveals a certain anxiety about the relationship between abnormal and normal sexual behaviour in contemporary sex‐offender management discourse, which can help explain the emergence of these practices.     

Reluctant Participants in Restorative Justice? Youthful Offenders and Their Parents

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen‐run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in level of participation as well as in their willingness to take responsibility. Parents do not understand the program well, worry about their child’s likelihood of compliance, but generally support the goals of the program. The implications of these findings for restorative practices with juveniles are explored in the concluding section.     

Public perception of sex offender social policies and the impact on sex offenders

This study examines the public perception of sex offender policies and the perceived impact of sex offender policies on the sex offenders themselves. Specifically, this study explores how the community feels about the effectiveness of policies such as registration and community notification (Megan's Law), and housing restrictions in reducing sexual recidivism. Data are collected from 115 participants from a nationwide online community message board. Results suggest that although most individuals support Megan's Law, they do not feel the policy reduces recidivism. Furthermore, the majority of the participants also do not believe that housing restriction statutes are effective in reducing sexual recidivism. When questioned about the policy impact on sex offenders, the majority of respondents agree that as a consequence of Megan's Law, sex offenders are afraid for their safety; however, they do not believe that residence restrictions hinder sex offenders' employment opportunities. Findings from this study are discussed as they pertain to public policy and sex offender reintegration.     

Lifers on the outside: sex offenders and disintegrative shaming

This article examines the effects of labeling though informal and formal sanctions on sex offender reintegration, using qualitative analysis from a probability sample of 153 registered sex offenders in four counties in the Commonwealth of Virginia. It also provides an overview of sex offender legislation and literature. Results of the study indicate that the majority of respondents experienced negative treatment because of their status as a sex offender. Results also indicate that formal and informal sanctions are stifling opportunities for sex offenders to be fully reintegrated into society and that treatment programs are not as effective as they could be. Implications for sex offender policy and further research are discussed.     

The Importance of Perceptions in Restorative Justice Conferences: The Influence of Offender Personality Traits on Procedural Justice and Shaming

Research suggests that restorative justice (RJ) conferences are more just than traditional court processing due to the presence of procedural justice (PJ). These conferences also promote reintegrative shaming which, in contrast to disintegrative shaming, allows offenders to repair their ties with the community. Yet, fairness and the type of shaming experienced may depend on perceptions of the offender. We argue that the personality traits of negative emotionality and low constraint influence offenders' evaluations of the fairness of these conferences, which have implications for their experience of shaming. We test these arguments using data from a sample of 498 offenders involved in the Australian Reintegrative Shaming Experiments. Results reveal that personality traits affect perceptions of PJ and both types of shaming, and that PJ mediates these effects. The findings support the notion that RJ conferences are perceived to be procedurally just and reintegrative for certain types of offenders.     

Sex Offender Residential Mobility and Relegation: The Collateral Consequences Continue

Prior research (see American Journal of Criminal Justice 30 (2), 177–192, 2006a) examined the residential locations and mobility of registered sex offenders and showed a common movement into increasingly socially disorganized neighborhoods after 5 years of registration. The present study examines whether or not this downward spiral continues for these sex offenders 10 years later. We examined 212 registrants from the original study and found that since their original arrest 38 % of the registrants have moved into a more socially disorganized neighborhood than their previous address. The only variable found to influence the likelihood of move to a more socially disorganized neighborhood is race, with minority sex offenders most affected. The findings suggest that the collateral consequences of sex offender policies have long-term deleterious effects on housing for sex offenders.     

Geographical access to treatment for sex offenders under community supervision in Kentucky

Abstract

As sex offenders are probated or paroled into the community, sex offender treatment and monitoring is often a condition of their release. In Kentucky, sex offenders are required to participate in community-based treatment for two years or more. However, some sex offenders are disadvantaged in accessing mandated treatment. This is a result of decisions concerning the placement of treatment programmes, the sex offenders' preference to return to communities where they can rely on family and other indigenous support networks, and some statutes (e.g. sex offender registration and residency restriction laws). This study utilises spatial methodologies, including an origin–destination (OD) matrix, to determine the time, in minutes, that sex offenders travel to sex offender treatment providers and non-spatial ordinary least squares (OLS) regression techniques to determine the association between family, neighbourhood and community characteristics on sex offenders’ travel time to treatment. Findings suggest that there is substantial disadvantage in treatment access, measured by travel time, for sex offenders who live in impoverished rural communities.     

A human rights-based practice framework for sexual offenders

Abstract

Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders’ core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.     

Lamenting the list: a partial test of Sherman’s defiance theory as applied to female sex offenders

Through the community notification and sex offender registry laws that have been passed, the USA has created a strict legal environment that requires sex offenders to remain in compliance with the registry requirements placed on them by the state once they are released back into their communities. A variety of unintended consequences, such as unemployment and housing issues, have resulted from these laws and have the potential to impact the reentry efforts of released sex offenders. Using Sherman’s defiance theory as a theoretical lens, the current study examines the experiences of registered female sex offenders living in Florida. One hundred and six registered female sex offenders were surveyed to examine their experiences while on the registry, and whether those events influence feelings of defiance toward the registry and criminal justice systems. Results suggest that these offenders indeed experience unintended consequences due to their registration status, which in turn shows support for the four canonical elements of Sherman’s theory by inferring that these women feel unjustly punished and stigmatized. Research findings, policy implications, and limitations are discussed.     

The influence of implicit theories and offender characteristics on judgements of sexual offenders: a moderated mediation analysis

The psychological factors underpinning responses to sexual offenders are beginning to receive increased empirical scrutiny. One such factor is offender representativeness, which refers to the extent to which a given offender example matches a stereotype of those who are typically labelled as “sexual offenders”. Using a sample of 252 community members, we examined the role of implicit theories about sexual offenders (ie whether sexual offending is seen as fixed or malleable) in mediating the relationship between affective responses to sexual offenders and policy outcome judgements. We found support for this mediating effect, although this was eliminated when participants were presented with a “non-representative” offender vignette. We argue that the relationship between affective responses and policy judgements is contingent on the activation of a sexual offender stereotype, and that this link can be disrupted via the increased presentation of non-stereotypical case examples. Implications for public debate and professional practice are discussed.     

Stereotypical Knowledge and Age in Relation to Prediction of Public Support for Rehabilitation: Data from Taiwan

Studying public attitudes toward rehabilitation is not a new phenomenon. However, not much research is available on this topic from Asian countries. The present study explores public attitudes among Taiwanese people toward rehabilitation efforts in general, and the Rehabilitation and Protection Act (RPA) in particular. Using a sample of N?=?333, we asked Taiwanese residents age d18 and older about their support for the RPA, and their support for rehabilitation initiatives for three types of criminals: drug offenders, violent offenders, and sex offenders. Using a univariate model, we found that only two variables??age and stereotypical knowledge??had a statistically significant effect on whether an individual supported rehabilitation initiatives. Findings also indicate overwhelming support for the RPA and rehabilitation in general. We discuss these findings in a cultural context, and make recommendations for future research.     

Learning to pass: sex offenders' strategies for establishing a viable identity in the prison general population

This article endeavors to illustrate the realities of prison life for sex offenders and the means by which they attempt to establish viable identities and acquire a survivable niche in the prison general population, particularly when established identities and protective niches are put at risk by entry into a sex offender treatment program. Qualitative data was collected by repeatedly interviewing a cohort of sex offenders for 6 months as they completed a basic sex offender treatment program. The findings indicate a need to include consideration of treatment context in understanding the limits of treatment gain in prison-based programs.