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Table of contents
- Raised on the Registry
- The Truth about Insecurities
- Growth and Development, Ages Six to Eight-What Parents Need to Know - Advocates for Youth
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Raised on the Registry
In only The federal Sex Offender Registration and Notification Act SORNA expanded the number of youth sex offenders subject to registration by adding more nonviolent, lower-risk offenders to the federal registry. SORNA also opened the door to the retroactive application of registration requirements to individuals convicted of sex offenses whether in juvenile or criminal court proceedings before the registration laws went into effect.
Of the youth sex offenders interviewed for this report, 57 19 percent were subject to registration requirements imposed retroactively after their convictions. Some of these individuals had completed the terms of their parole and juvenile or adult probation, started families, and made lives for themselves.
Due to the changes wrought by SORNA, others who had shown no risk of reoffending were now considered high-risk offenders because of a crime that occurred decades ago. Some pled guilty to crimes and lived for a time without being subject to registration, only to learn much later that they had agreed to terms which now trigger harsh consequences. While records of juvenile delinquency are normally kept confidential, the retroactive application of SORNA requires individuals who previously pled to acts of juvenile delinquency— and who did so with the expectation that their adjudication would remain confidential— to publicly expose that information to friends, family, colleagues, and neighbors.
Some, had they known that they would years later be subject to registration requirements, might not have pled to the charges at all. As of , all but one appellate district in the United States allowed for the retroactive application of registration requirements to past convictions or adjudications. The one exception is the Ninth Circuit Court of Appeals. In the case of U. Juvenile Male , the court found that the retroactive application of SORNA to juvenile adjudications was unconstitutional. Juveniles adjudicated delinquent of sexual offenses are less protected from accepting a plea without being informed of registration requirements than children subject to the jurisdiction of adult courts.
Many courts have found that a defendant charged as an adult must know the collateral consequences of entering a plea to a criminal offense, such as registration, community notification, and residency requirements. International human rights law requires all governments to protect people within their jurisdiction from violence, including by deterring crimes such as sex offenses. Thus, in these six countries there are often no public notification or residency requirements and the inclusion of youth offenders is heavily circumscribed. The important duty of government to protect persons from harm has undoubtedly inspired the creation of sex offender registration schemes in the United States.
However, the onerous nature of the schemes and their specific application to youth offenders raise serious questions under human rights law. International law recognizes that juvenile offenders require special protection. The International Covenant on Civil and Political Rights ICCPR , to which the United States became a party in , specifically acknowledges the need for special treatment of children in the criminal justice system and emphasizes the importance of their rehabilitation. Those in favor of youth sex offender registration often argue that the requirements—whether registration alone, or registration in combination with community notification and residency restrictions—are distinguishable from criminal punishment.
Since registration is imposed only after a child completes his or her criminal sentence, they argue, it is at most a collateral consequence of punishment and as such is distinct from the original punishment. In the United States, many sex offender registration laws at both the state and federal levels treat youth offenders no differently from adults.
This is true of youth offenders subject to the jurisdiction of adult courts, but also of many children adjudicated delinquent in juvenile courts. When children and adults are subjected to exactly the same procedures and laws, the United States violates provisions of the ICCPR requiring special measures for children. In order to comply with its obligations under international human rights law, the United States should abolish sex offender registration schemes that are not specifically tailored to address the situation of youth offenders.
Recent cases in the US Supreme Court raise serious questions under US constitutional law about any scheme in which the differences between youth and adults are not taken into account. We see no justification for taking a different course here. Other human rights of children threatened by youth sex offender registration include the rights to protection from harm, family unity, education, health and well-being, and freedom of movement.
None of these rights are absolute. But laws that infringe upon these rights must be necessary to serve a legitimate public interest, the relationship between the interest and the means chosen to advance it must be a close one, and the laws must be the least restrictive possible. Some of the most fundamental rights of children and adults who are former youth offenders are put at risk by sex offender registration laws.
Therefore, the infringements on rights imposed by these laws appear to be disproportionate to their purpose. The US is not alone in implementing registration systems for sex offenders. At least six other countries Australia, Canada, France, Ireland, South Africa, United Kingdom have sex offender registries, either for perpetrators of all sex offenses or only offenses in which the victim was a child, and others are contemplating establishing registries.
Sex offender registries in other countries have come under judicial challenge, and courts have found the more circumscribed registration requirements compatible with protection for human rights, only in so far as each scheme strikes the appropriate balance between the rights of the individual on a register and the public safety interest that the registries are designed to meet.
The US sex offender registration schemes fail to meet these standards. The Court said,. The criteria the European Court set out was relied on by the UK Supreme Court to strike down a provision in UK law requiring lifetime registration for a person convicted of an offense carrying a sentence of 30 months or more imprisonment.
Two categories of children suffer harm as a result of sexual offenses and the sex offender registration laws described in this report. The most obvious category is the child victims of sexual assault, who have rights to protection from harm and to redress for the harms they have suffered.
The Truth about Insecurities
However, youth sex offenders are also entitled to protection from harm, including from vigilante violence. Each of these treaties prohibits cruel, inhuman, or degrading treatment or punishment [] and includes requirements that the state act to prevent acts of violence directed at anyone—adults and children—committed by private actors. Protection from violence, moreover, is an essential component in securing other human rights including the right to physical integrity. Additionally, the harassment and violence some youth offenders endure as a result of state sex offender registries and related policies may end up depriving them of their right to live together with their family, or to an education on equal terms with their peers.
Such harassment and violence may also have serious mental health consequences and infringe upon the right of youth to the enjoyment of the highest attainable standard of health. Even in instances in which registration is not explicitly combined with community notification requirements, the reproduction of such records by public and private actors in a variety of ways and locations—particularly in our electronic age—makes it nearly impossible for the heightened privacy rights of children to be respected. Some youth offenders in the US have challenged mandatory registration and community notification laws on the basis that those laws open their records to public view, whereas existing law has generally permitted children to keep their juvenile records confidential or have them expunged.
Growth and Development, Ages Six to Eight-What Parents Need to Know - Advocates for Youth
The right to family unity finds articulation in numerous human rights treaties. Cases outlined in this report raise questions about whether government is striking the right balance even in these cases.
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The Universal Declaration of Human Rights states that everyone has a right to education, to freedom of movement and residence within the borders of their country, and to a standard of living adequate for health and well-being, including housing. When children are unable to attend school because they are banned from going near or entering school buildings, or when other restrictions on their residency or freedom of movement make it impossible for them to maintain a home and thus the stability to attend school, their access to education is curtailed.
State and local laws often ban a registered youth offender from working anywhere near children—so registered teens cannot seek jobs at the local mall, fast food restaurants, camps, and recreational centers. We are deeply grateful to the Soros Open Society Foundation for their generous support and encouragement. We further thank the Defender Association of Philadelphia for providing office space and support for Nicole Pittman.
Brian Root, quantitative analyst in the US Program, helped analyze the data and assess the impact of the laws on registrants. Antonio Ginatta, US Program advocacy director, helped provide a consistent and clear message for the report. Marc Chaffin, expert on child sexual offending behavior and professor of pediatrics at the University of Oklahoma Health Sciences Center, provided continuous encouragement and support and reviewed and commented on parts of the manuscript. Consultants Alisa Klein and Joan Tabachnick; staff at the Juvenile Division of the Ohio Public Defender; and staff at the Juvenile Law Center in Philadelphia, Pennsylvania lent support and expertise and made specific suggestions for the recommendations section of the report.
We are deeply grateful to all the individuals directly impacted by sex offender registration and notification laws and their families who shared their experiences for this report. Many of these individuals courageously shared their deeply personal and often traumatic experiences of growing up on the registry for the first time, despite the fear of repercussions or further stigmatization.
Special thanks to the courageous experts who have been spent decades providing valuable, robust, and rigorous scientific data on child sexual offending behavior and the effect of US legal sexual offender policies on youth. These include, but are not limited to: Dr.
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Robert Prentky, professor and director of graduate training in forensic psychology at Farleigh Dickinson University; Dr. Timothy Foley, forensic evaluator and psychologist; Franklin E. Zimring, William G. This report is dedicated to the memory of Mary Duval, who passed away after battling cancer on June 19, Mary was a dedicated mother and activist, and CEO of www. She successfully fought to have her teenage son removed from the registry for a consensual relationship with a peer.
Mary left behind a lasting legacy.
Through her tireless efforts and dedication, she helped bring the complex issue of US sex offender laws to national prominence and inspired the passage of laws to protect children charged with certain offenses from a lifetime on the sex offender registry. However, this phrase is used in the remainder of this report because juvenile court judgments are not considered convictions. These data are compiled by the National Crime Victimization Survey, in which a representative sample of US households reports on non-fatal crimes irrespective of whether they are reported to police. Marc Chaffin, March 5, Miller, Mark A.
XVII, subtit. A, Stat. The Wetterling Act was passed in response to the unsolved abduction of Jacob Wetterling while he was riding his bicycle in a small town in Minnesota. Pam Lychner was a year-old woman who was attacked by a previously convicted sexual offender in Houston, Texas.
The superpredator myth has been discredited. Juvenile crime rates began a steady decline around , reaching low levels not seen since the late s. For children adjudicated delinquent in juvenile court, Illinois, Massachusetts, Ohio, Oregon, and Michigan limit the information available to the public. Illinois: Ill. Laws ch. Code Ann. Laws Ann. See generally In re Wentworth , N. H statement of Rep. John Conyers.
Robert Scott. Regretfully, lawmakers misinformed their peers that individuals convicted of sex offenses are more serious offenders because of their propensity to reoffend. The Amie Zyla provision was named after Amie Zyla of Waukesha, Wisconsin, who was 8 years old when she was sexually assaulted and threatened by year-old Joshua Wade. Wade was adjudicated delinquent in juvenile court, and was therefore required under Wisconsin law to register with local police as a sex offender. Less than a decade later, while still being monitored as a sex offender, Wade was arrested for assaulting and enticing children to his apartment.