Why Sex Offense Laws Do More Harm Than Good

By Deborah Jacobs

There are few crimes more heinous than child molestation. Whether violently attacked by a stranger or preyed upon by a trusted adult in the home, school or place of worship, children who survive such assaults are often left to walk a lifelong path of sorrow and pain.

Unfortunately, our government has failed to take steps that will make a meaningful difference in preventing sex offenses. Megan’s Law, civil commitment, and the newest trend in anti-sex offense legislation, banishment zones, which restrict people convicted of a sex offense from living within certain geographic areas, all play to the fears of the public. But when it comes to stopping sex assaults, these measures do more harm than good.

To understand why, one must look at the realities of sex crimes in America today. The vast majority of sex offenses are committed by trusted adults-family members, friends, clergy-and go unreported because of manipulation of the victims, unconscionable decisions by other adults, or both. We saw this most vividly when lawsuits uncovered that the Catholic Church hierarchy had hidden and ignored countless cases of child sexual abuse for decades, choosing to protect its reputation over the children under its care. Unfortunately, this happens in family hierarchies even more frequently.

Because the most common type of sex crime so often goes unreported, most people that have committed a sex offense never become part of the criminal justice system and therefore are not affected by Megan’s Law or banishment zone laws. As a result, these laws give the public a false sense of security, letting us believe that people convicted of a sex offense have been exiled from their neighborhood, or that if a person convicted of a sex offense does live nearby, we will receive notification of his presence. If we believe that, we are fooling ourselves and, worse, doing our children a disservice. People who commit sex offenses live in every American community, and children need supervision no matter what.

Laws like banishment zone ordinances actually make us less safe, as they impede rehabilitation and thereby increase the likelihood of reoffense. People who transition from prison into society face countless challenges, and most have very limited resources, financial or otherwise. People who want to lead law-abiding lives after serving a prison sentence need to establish stability in their homes, jobs and families. Those are difficult things to achieve, but add to this the consequences of Megan’s Law and limits to where people can live, and few have hope of succeeding. Indeed, the fear of the stigma of Megan’s Law can force people underground, out of the watchful eye of police and parole officers.

Banishment zone laws may very likely force people listed on the registry to move from environments in which they have support networks into other communities in which they have no support, putting residents in their new communities at risk. Further, people who are labeled as “sex offenders” lose jobs, get evicted, are threatened with death, and harassed by neighbors. Some have had their homes burned down or been beaten in acts of vigilantism. Coping with this kind of stress is almost impossible, and without exceptionally strong support systems, most are doomed to fail.

If you doubt whether we should care about the stress and suffering of someone who committed a sex crime, consider the consequences for society when the ex-offender fails. When nothing works out – job, home, family-individuals are more likely to give up and reoffend.

Rather than banishing people convicted of a sex offense and asking them to succeed in a hostile environment, we should focus resources on programs and policies that will actually reduce the likelihood of sex offenses occurring in the first place. We need to develop and fund public education programs that teach about the effects of sex abuse and the importance of reporting abuse so that it can be stopped.

We need to improve our systems for handling reports of abuse, looking to models like Wynona’s House in Essex County, which brings different agencies together to ease the burden on victims reporting abuse. And we need to provide mental health treatment for victims and people who commit offenses, in prison and out.

There is no simple fix to the devastating problem of sex abuse. Instead of politically popular measures that make no difference or in fact make us less safe, we need to turn our attention and resources to ways of addressing the epidemic of sex abuse that, while perhaps not as politically popular, will actually work so that more potential victims can be spared.

The issue is not whether our children should be protected from people who might sexualy offend, but how to accomplish that in an effective and meaningful way. Our children deserve nothing less.

Deborah Jacobs is the Executive Director of the American Civil Liberties Union of New Jersey.