Sex Offender Registration

Since the early 2000s, every state has adopted some form of sex offender registration and community notification system. The sex offender registry is a [Page 413]mechanism used for tracking persons convicted of a sex offense after that person's reentry back into the community. The registry is also used to help criminal justice and law-enforcement personnel manage information and investigate new sex offenses that may occur in the area where a registered sex offender resides. Sex offender registry and notification systems were created and are used, in theory, to promote public safety and general deterrence. However, the effectiveness of sex offender registration and notification has been questioned. Collateral consequences experienced by convicted sex offenders and those who establish or maintain relationships with them after their release from prison have a profound impact on many facets of their lives.

The Sex Offender Registration and Notification Act (SORN), which is part of the Adam Walsh Child Protection and Safety Act of 2006, mandates a set of minimum standards for each state, district, U.S. territory, and Indian tribal government in which each jurisdiction must comply. The registration of convicted sex offenders allows for the notification of community members by providing access to information about certain classifications of convicted sex offenders. Every jurisdiction has a sex offender registry Website that can be accessed by members of the public. Community members are able to search information and receive e-mail notifications from the state about sex offenders living in their area. Some states provide an interactive map in addition to e-mail notification. Sex offender registration notification systems usually provide a photograph, a physical description including any scars or tattoos, and the home address, school address, work address, and vehicle information of individuals classified by the courts as moderate or high-risk sex offenders. Other jurisdictions may employ supplemental tactics to notify community members of persons convicted of sex offenses who reside in their area. In some areas, for example, when a convicted sex offender reenters the community, postcards are sent to anyone living in a three-block radius in urban areas and within a one-mile radius in rural areas to notify the residents of the offender and his or her address.

Current research questions the effectiveness of community notification statutes, which were created to protect the public from sexual abuse or exploitation. Some scholars assert that these statutes provide a false sense of security to community members because they overlook the fact that most perpetrators have some sort of relationship with their victim. Sex offender registration and notification statutes may actually reinforce myths about sexual assault (that is, the “stranger in the bushes” myth) instead of educating community members about the need to monitor relationships between children and adults who are close friends and family members.

Research conducted on convicted sex offenders whose information appears on registries has reported offenders' negative experiences attributed to the registries. These negative experiences include, but are not limited to, denial of residency, loss of employment, isolation from family members and support systems, and public harassment. More direct community notification methods, such as flyers passed out at schools or in the neighborhood, elicit more negative reactions from the community than do passive forms of notification, such as online registries.

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