The Prevalence and Correlates of Depression and Hopelessness among Sex Offenders Subject to Community Notification and Residence Restriction Legislation

Little research has investigated the prevalence of mood disturbance among sex offenders despite the fact that psychological distress may bear some relationship to community reintegration, and ultimately, recidivism. All offenders on New Jersey’s sex offender Internet registry were mailed surveys about their experiences with, and perceptions of, notification and residence restriction statutes, the Beck Depression Inventory-II (BDI-II), and the Beck Hopelessness Scale (BHS). On average, respondents (N = 104) reported mild to moderate levels of depressive symptoms (M _BDI = 17.1) and hopelessness (M _BHS = 6.9). Additionally, offenders who reported being negatively affected by residence restrictions and notification statutes reported higher levels of both depression and hopelessness. Given evidence that sex offender specific legislation may de-stabilize offenders, this research highlights the importance of managing affective states in this population.     

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.     

A Geospatial Analysis of the Impact of Sex Offender Residency Restrictions in Two New York Counties

The efficacy of sex offender residence restriction laws in enhancing public safety is controversial and further complicated by evidence that adverse collateral effects may negate or even outweigh whatever benefits they achieve. Based on the theory of “distance decay” that postulates that offenders are more likely to recidivate closer to home, the statutes seek to distance offenders from potential child victims. However, to the extent that such statutes preclude residence in large portions of covered jurisdictions, it has been argued that they contribute to social instability, relegation of offenders to rural or undesirable locations, and even homelessness. A small number of studies have demonstrated the impact of restrictions on residential availability and compliance with the laws, but methodologic issues make it difficult to compare findings. This study uses parcel geocoding, a computerized mapping method, to examine the impact of the sex offender residency restrictions enacted in Erie and Schenectady Counties, NY. Identification and mapping of restricted locations revealed that in nonurban areas, available residential locations were drastically reduced by the restrictions (89.46% and 73.16% restricted in the two counties) and in urban areas almost completely eliminated (95.45% and 97.21%). Unexpectedly, however, when the registered sex offenders in each county were matched to their addresses in the state database, analysis revealed that residence restrictions had no demonstrable effect on where offenders live. More than 85% of offenders in each of the counties were found living in the urban centers, the vast majority of whom (91.89% and 100%) were matched to addresses in restricted locations. These findings may have important policy and procedural implications in the creation and enforcement of sex offender statutes, as well as in the evaluation of those presently in place.     

Sex offender laws in the United States: smart policy or disproportionate sanctions?

In the 1990s, the United States began enacting a series of laws to monitor and supervise sex offenders living in the community. These evolved to include Internet registries of sex offenders, sex offender residence restrictions, GPS monitoring, and even civil commitment of sex offenders at the conclusion of their criminal sentences. Though other countries have enacted legislation to monitor sex offenders, none have implemented laws impinging on the civil liberties of offenders to the extent of those in the United States. This article examines the basis of the US laws and their challenges, provides an overview of their efficacy, and compares the US approach to those of other countries.     

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.     

What has worked and what has not with Minnesota sex offenders: a review of the evidence

Abstract

Since the early 1990s, many states in the USA have attempted to control sexual offending and, more narrowly, sexual recidivism by implementing longer prison sentences for sex crimes, sex offender registration and notification, residency restrictions, involuntary civil commitment and lifetime probation and parole. The early 1990s also marked the beginning of a decline in official rates of sexual offending, including sexual recidivism. This study reviews recent research conducted on Minnesota sex offenders in an effort to identify which policies, programmes and practices might have contributed to the drop in sexual recidivism rates that have been observed over the last few decades. By assessing what has, and has not, worked with Minnesota sex offenders, this study discusses how lessons learned from the Minnesota experience may apply to broader efforts within the USA and abroad to control sexual offending.     

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.     

Female Sex Offenders: A Controlled Comparison of Offender and Victim/Crime Characteristics

The current study was a chart review of 31 female sex offenders (FSO), 31 male sex offenders (MSO), 31 female violent offenders (FO), and 31 male violent offenders (MO) using a 2 (female or male) by 2 (sex or violent offender) design. This is the first known study to employ three control groups when researching female sex offenders. Multiple variables appeared related to gender and crime. However, some variables emerged as FSO specific. They reported the least alcohol abuse history and had fewer admissions of guilt to the crime than the two violent offender samples. More FSOs knew their victim and were biologically related to their victim than MSOs. Lastly, the FSO sample was the least discriminating as to their victim’s gender and had the highest overall rate of sexual victimization.     

The impact of sex offender residence restrictions: 1,000 feet from danger or one step from absurd?

Several states have enacted public policies that prohibit sex offenders who have abused children from living within close proximity to a school, park, day care center, or school bus stop. The purpose of this exploratory study was to describe the impact of residence restrictions on sex offender reintegration and to better understand sex offenders' perceptions of these laws. A survey of 135 sex offenders in Florida was conducted. Most of the molesters who responded to the survey indicated that housing restrictions increased isolation, created financial and emotional stress, and led to decreased stability. Respondents also indicated that they did not perceive residence restrictions as helpful in risk management and, in fact, reported that such restrictions may inadvertently increase triggers for reoffense. Implications for policy and practice are discussed.     

Effectiveness of the habitual offender act: An assessment of criminal histories

Habitual offender acts have been adopted by 43 states and are under consideration in the legislatures of others. These acts have been adopted with relatively little evaluation of the costs involved in the implementation of this legislation. This study seeks to evaluate the extent to which Alabama’s habitual offender statute captures serious career criminals. The results indicate that the differences between those in the prison population sentenced under habitual offender statutes and those sentenced under other statutes is not significant. There does appear to be support for the contention that the majority of prisoners have substantial criminal histories; however, it is noted that many have not committed a severe crime. The exaggerated claims for the number of crimes committed by “typical” offenders and resultant high costs of non-incarceration are examined and challenged. The authors suggest that the resources available to deal with offenders could be better invested in the development and testing of community-based programs designed to divert offenders from a life of crime rather than in programs which intervene after criminal histories are severe and which invoke life-long incarceration as a remedy. The authors wish to express their appreciation to the Alabama Department of Corrections for their assistance in this project.     

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.     

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.     

Why a Criminal Prohibition on Sex Selective Abortions Amounts to a Thought Crime

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime.     

Parental Involvement in Juvenile Sex Offender Treatment: Requiring a Role as Informed Supervisor

Sex offenses, particularly those against children, have always been viewed negatively in society. A large portion of these offenses are committed by children against children. Most state legislatures focus on punitive measures when dealing with juvenile sex offenses, yet few place treatment on equal ground. Treatment has been shown to be effective in reducing the rate of recidivism of juvenile sex offenders. Juvenile sex offenders that participate in treatment have shown lower recidivism rates than adult offenders or untreated juvenile sex offenders. This Note advocates that states adopt legislation based on a successful statute in Colorado that creates a sex offender management board consisting of a multidisciplinary treatment team for juvenile sex offenders' treatment while requiring parental involvement in treatment as “informed supervisors” when the team deems it appropriate.

Key Points for the Family Court Community:
• Sex offender treatment on juveniles has been successful in reducing recidivism, as juveniles are more receptive to treatment than adults.
• Supervision and treatment of juvenile sex offenders would be more effective if parents or guardians are involved in the juvenile's sex offender treatment.
• States should adopt legislation based on the Colorado model that creates a sex offender management board and multidisciplinary team to supervise the treatment of juvenile sex offenders and requires appropriate parental involvement in the treatment as “informed supervisors”.

     

Sex offender legislation in the United States: what do we know?

In the United States there has been increased public pressure to create legislation to monitor and confine sex offenders. However, to date, there has been very little empirical evidence suggesting that these laws are effective in preventing future recidivism. This article reviews the current trends in sex offender legislation, including mandatory sentencing, civil commitment, community notification, monitoring, and supervision and the impact these policies may have on sex offender recidivism and treatment.     

Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.