■ 25 January 2012 | 4:05 PM
In my most truthful moments I will tell you about a conversation I had with a good friend about four years ago, regarding Megan's Law and the Sex Offender Registry (SORNA). "I don't think it's right, making them live according to the strict laws of the Registry," my friend said, to my horror. "It's double jeopardy." I was aghast. But of course we need the registry I thought! We must protect children! "If we don't think they're safe to let out of jail, then we shouldn't let them out. If we let them out, we have to make it possible for them to actually live their lives as normally as possible, which they can't do." Well, I squawked and argued. I was in the You Can't Hang 'Em High Enough club for sure and I wasn't planning on leaving it any time soon.
Until now. It's amazing what life drops in your lap sometimes that changes the tide of your thinking, and not even in a way you want it to change. Let's just say I met someone who is living under the Draconian laws of the registry and I have come to see that while the registry is certainly well-intentioned, SORNA is a mess and does enormous damage. Believe me, I don't want to be on this side of the debate. No one loves someone fighting for the rights of sex offenders. It is easy to champion the protection of children (and who doesn't?), it is noble and you receive nothing but smiles. Championing the rights of sex offenders is a good way to get yourself spat on. But someone has to do it, and I can no longer keep silent about this.
I don't want to make this blog entry an exhaustive review of data on this subject, but I do want to raise some very important points. Nearly every state has a group that is working to reform sex offender laws (RSOL). Many in the criminal justice and police systems see that SORNA is very destructive and seek changes. There are hundreds of thousands of people on the registry, some for very minor crimes, and lives are being horribly affected - not just the lives of the offenders but their families and friends. The worst of these cases are the Romeo and Juliet crimes, teen consensual sex. (In Virginia there is no code for statutory rape, so consensual sex between a 14 yr old and an 18 yr old is rape and will keep someone on the registry for life.) Teens go to prison for years for this kind of thing. Others are on the registry for public urination, streaking, and other minimal "crimes".
The registry laws are voluminous and ever changing. It is easy to run afoul of them without even trying. And the new bills introduced each year make SORNA more and more harsh. The crimes listed on the registry can be misleading, for instance VIOLENT is often a classification for crimes that involved no weaponry or harsh attack (it is due to the age difference between the offender and victim). While some of these non-violent "violent" crimes are still egregious, to read some of these "violent" profiles is to assume the very worst of someone when the facts of their case, if anyone bothers to look them up (as I have by actually reading a court file), paint a very different picture.
Ultimately we end up with scores of people finding no place to live that isn't near a school or park. They are forced into the worst areas of town, or out in the country where they can't find work. They live under bridges. People who are brave enough to hire them will abruptly fire them when the customers learn (through the registry), that there are sex offenders working there (which lists where people work.)
The worst predatory offenders are a very small proportion of the people on the registry. The very worst stay in jail for decades (if they have committed rape and murder of children), perhaps never getting paroled. The recidivism rate for juvenile sex offenders is next to the lowest rate for any crime (when the juveniles have had therapeutic treatment.) *
It is not even clear the registry does what it is intended to do. It absorbs vast amounts of money and police manpower to keep track of people who are not predatory, who have not committed ghastly crimes. Most will never reoffend anyway. Most new cases of sex offenses are by people not on the registry at all. We need a good law to protect children and unfortunately this one isn't it: it uses up vital resources to fight the wrong problem, doesn't protect children as it should, and ruins many lives.
Sex offenders en masse are a great target for all our hatred of anything despised. If you read posted comments by the public regarding sex offenders, they are often vitrolic and full of the medieval punishments they would like to visit upon them. But odds are one day you are going to know and care about someone on this registry.... a cousin, a neighbor, a friend, a coworker (whether you are aware they are on it or not). And some of you, by weird quirks of life, may find yourself on it for the most innocent of situations. And then, just like I did, you will begin to see it through different eyes.
*The lowest recidivism rate is for murder.