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OH: Does Sentencing Fit the Crime? Ohio Sex Offense Charges and Rates of Recidivism

[blogs.lawyers.com – 4/17/21]

There is little doubt that our society is unforgiving when it comes to sex crimes, especially those involving children. The physical, emotional, and psychological toll sexual abuse takes on its victims cannot be overstated.

Nevertheless, not everyone agrees on the appropriate way to punish sex crimes. In particular, the relatively low rates of recidivism among sex offenders have led some to question, including sex crimes lawyers in Dayton and state-wide, whether we should rethink our approach to sentencing and put a greater emphasis on treatment.

Penalties for Sex Offenders

The United States has the greatest incarceration rate in the world, with 20% of all incarcerated people right here in the U.S. In fact, nearly 1% of the American population is in jail or prison. By far, the largest percentage of these people committed drug crimes. However, more than 10% have sex crime convictions.

Various federal laws enacted over the past several decades have taken a hard line when it comes to sex crimes through things like federal sentencing guidelines, mandatory minimums, and the national sex offender registry. But does the punishment actually fit the crime?

In comparing federal sentencing guidelines for various crimes, it turns out that they can impose greater sentences for lower-level sex crimes than for serious crimes of violence. For example, the sentencing guidelines recommend a prison sentence of 10–13 years for taking a pornographic photograph of a 17-year-old. On the other hand, the guidelines recommend sentences of only 6–7 years for assaulting an adult or child with intent to kill and only 2-3 years for accidentally killing someone when assaulting them.

Child pornography is a particularly difficult area. Each individual photograph possessed by a person can constitute a separate crime. This can result in hefty sentences for those who possess multiple images. Some claim that those who view child pornography are not directly harming children. Others point out that supporting the industry at all contributes to child exploitation.

Are Long Prison Sentences the Best Way to Go in Ohio?

Legislatures justify harsh sex crime penalties as a means of keeping offenders off the streets. But in Ohio, like the country at large, sex offenders are actually less likely to re-offend than those imprisoned for other types of crimes. In fact, a study of Ohio sex offenders found that 10 years after release, only 8% of offenders had been recommitted for a new sex offense. Further, psychological treatment can be very effective in reducing further offenses.

Read the full article

 

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This broken record has been played out. It is white noise to those who want to believe all sex offenders are the offspring of Satan. Hello Q anon…………

“The physical, emotional, and psychological toll sexual abuse takes on its victims cannot be overstated.” It possibly can be. While sometimes used, wrongly, as condoning CSA, the Rind paper found evidence that children were not necessarily traumatized for life and the harm was overstated. Here is a fascinating paper on the politicization of science, and it’s worse now, e.g. QAnon. When Worlds Collide: Social Science, Politics, and the Rind et al. (1998) Child Sexual Abuse Meta-Analysis [Controversy And Scholarly Publishing] Although the points made by Hunt could be illustrated by any number of events, I focus on a recent and… Read more »

As if condemnation votes by both Congressional houses mean anything when they cannot get their own house in order to begin with. Idiots all of them!

I’ve been saying for years that most sex assault victims get over it sooner or later. The ones that don’t are 1) allowed to use it as an excuse for every mistake or bad thing they ever do, and 2) the only ones that the victim industry wants to talk about. Those that do put it behind them ironically are shunned and ridiculed by the so-called victim advocates.

Harsh sentence may be needed in cases of any type, Not Only For Sex.
After the sentence for the crime is over, Monitoring of a person, “The Hit List” & Punishment after the sentence is the issue. Lying, Corrupt, complacent and idiotic politicians and those who are “connected” (i.e. the Books).

Good article. I found this especially interesting: “Ohio has over 20,000 registered sex offenders. Registration is based on the offense for which the offender was convicted…. . Tier I offenders must register annually for 15 years, Tier II offenders must register every six months for 25 years, and Tier III offenders must register every three months for life.” This sure sounds like punishment – just like Cali’s new Tiered Registry – because they are based on offense, not on current risk/”dangerousness”. Increasingly harsh punishment for something that may have occurred 30 or 40 years ago. 😣 Yes indeed, just keep… Read more »

According to the logic of safety to the community, a registry of people who committed murder should be made to keep the community safe from being killed.
A registry of people who stole should be established so the community is safe from burglary.

And on and on.

@ Steve323: You’re absolutely right. Don’t forget domestic violence perpetrators, aggregated assault perps, gun violations offenses, DUI drivers….all of these have much higher rates of recidivism. So, LEOs and legislators, lie to me again that the SORs are all about public safety.

In case you are not aware of this in Ohio…DUI Registry
Search the Ohio Habitual OVI/OMVI Offenders Registry …https://publicsafety.ohio.gov › what-we-do › our-services

Feb 1, 2019 — Ohio’s Habitual Offender Registry is a searchable database of people who have been convicted at least five times of driving under the influence …

It takes only 5 convictions! Wow. My understanding is that DUI isn’t even dangerous until the 10th conviction. And we all know that for every conviction, the person has done it 1,000 times. Frankly, I’d consider that a person with even *only* a single conviction is much more dangerous than is a person who looked at illegal pictures. The person has certainly engaged in more dangerous behavior and put more people at risk. I suppose the people on this Hit List have all the same requirements as their people listed on the sex Hit List. We definitely wouldn’t want these… Read more »

If they use the same reasoning in the DUI registry as the SOR, then DUI registrants must not be able to enter any store or restaurant where alcoholic beverages are available, nor reside within 1000 feet of any parking lot, driveway, street, or any other place where vehicles may be present.

America’s immensly screwed-up priorities in two sentences:

“For example, the sentencing guidelines recommend a prison sentence of 10–13 years for taking a pornographic photograph of a 17-year-old. On the other hand, the guidelines recommend sentences of only 6–7 years for assaulting an adult or child with intent to kill and only 2-3 years for accidentally killing someone when assaulting them.”

Yep. The reason is sex. That is all. Americans are obsessed with sex. They think severely beating a child is better than touching them sexually. Less harm.

I’m glad I’m not the only one that’s noticed this over the years. America has some strange perversion with anything sex related. Not sure if it has to due with its Puritanical roots or what.

Not every sexual act is always abuse, but try telling that to one of these people who don’t fully use their entire brains.

one count of CP misdemeanor was not my intention to support CP industry NEWS TO ME why are they putting words in my mouth , it was a deletion on a floppy disc forgot it was even on that disc, it took forensic to find it and my stupid lawyer did not even argue to the state to prove it was under 18, it was a thump nail click on it and I was directed to an adult web site,

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