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And just as other tough-on-crime laws relied on stereotypes like the "child superpredator," laws like Megan's Law were designed to contain a stereotypical "sexual predator." Cheeso the Lion, the Golden, Colorado, Police Department’s mascot to warn children about "stranger danger." Cyrus McCrimmon/Denver Post via Getty Like a lot of other "seemed like a good idea at the time" tough-on-crime laws, the sex offender regime was built in the 1990s under President Bill Clinton (who signed Megan's Law in 1996). Those were exactly the scenarios the registries were supposed to prevent, by allowing not only law enforcement but parents and others to know if any sex offenders lived or worked nearby.
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Adam Walsh and Megan Kanka were both raped and murdered by adult men Jacob Wetterling was abducted and has never been found. The laws governing America's sex offender registries - the Jacob Wetterling Act and Megan's Law of the 1990s, and the Adam Walsh Act of 2006 - are all named after children who were victims of violent crimes. Is the point of the sex offender registry to punish people for what they've done? Or is it to ensure that they don't do it again? Sex offender registries were designed to protect children from pathological "sexual predators"
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As usual, it happened because people can't agree on what society wants to do with criminals to begin with. This happens often in the criminal justice system: Something designed for one purpose ends up getting used for something else. Others are people like Brock Turner - people who have committed serious crimes that are nonetheless very different from the ones the registry was supposed to prevent, and which the registry might, in fact, make harder to fight. Some of the people on the sex offender registry have had their lives ruined for relatively minor or harmless offenses for example, a statutory rape case in which the victim is a high school grade younger than the offender.
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Registered sex offenders are constrained by where, with whom, and how they can live - then further constrained by harassment or shunning from neighbors and prejudice from employers. Instead, it's caught up thousands of people in a tightly woven net of legal sanctions and social stigma. Yet the sex offender registry is still going strong. The idea that criminals can’t control their behavior has been replaced by attention to the cultural and institutional failures that allow rapes to happen and go unpunished the idea that it’s up to potential victims to change their behavior is usually criticized as victim blaming. Twenty years later, the focus on sex crimes has shifted from sexual abuse of children to sexual assault and rape. If criminals can’t control their criminal urges, law-abiding citizens must modify their own behavior to prevent crime. In other words, it’s a 1990s tool with a 1990s sensibility. A kiosk at a local fair allows residents to check out whether sex offenders live in their neighborhood. The theory: Sexual predators" were unable or unwilling to control their urges, and the government could not do enough to keep them away from children, so the job of avoiding "sexual predators" needed to fall to parents. The purpose was supposed to be not punishment but prevention. The registry was designed for "sexual predators" who repeatedly preyed on children (at least according to the fears of 1990s policymakers). It wasn’t designed to punish people at all. It might seem like an appropriate punishment for someone like Brock Turner, who received only a few months in prison for sexually assaulting an unconscious woman earlier this year.īut the sex offender registry wasn't designed to punish people like Brock Turner. My clients would rather go to jail than register as sex offenders.