Running head: SEX OFFENDERS

Sex offenders

Name

Institution

Date
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Introduction

Megan’s Law came into being in the aftermath of the rape and senseless murder of young

Megan, who was only seven years old. The law started operating in October 1994 just three

months after the unspeakable crime was committed by a man who lived in the neighbourhood of

the deceased. The law has earned praise and contempt in almost equal measure with prosecutor

and victims very much in its favor while the defense lawyers and civil rights activists on the

other hand condemn it arguing it was enacted in the face of public outrage (Corrigan, 2006). The

issue of concern in this paper evaluating how this and other such laws, which have been enacted

influence recidivism and integration of offenders into the community. The paper evaluates

options to the current legislation and draws on the effectiveness of sex offender legislation in

relationship to sex offender management.

How sex offender legislation might influence recidivism and reintegration into the

community.

The Megan Law has been lauded by many due its ability to prevent sex offenders from

repeating the act. The law has helped parents and law enforcers in preventing minors from

engaging in relationships with people who have the potential to victimize them. However, critics

have argued that the law has the potential of contributing to recidivism among offenders and

impeding their reintegration into the community. According to Levenson et al. (2007), there is a

high likelihood of parents experiencing fear after receiving notification of existence of sex

offenders in their neighborhood. This fear normally results to community-wide panic that

happened for instance in June 2007 where some villagers in New York after receiving

notification of a nearby sex offender reacted negatively by posting signs to condemn the
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offenders. This example shows how this piece of legislation can impede the reintegration into the

community of sex offenders.

Another argument against such legislation is that the law makes sex offenders pariahs

reducing their chances of getting jobs and thus increasing the probability of recidivism. The law

therefore instead of reducing recidivism, it ends up increasing it. Such legislation also lead to

some people who do not necessary pose risk ending up being registered as sex offenders and thus

facing resentment from the community. For instance, defendants convicted of a statutory rape,

which is only considered as rape as a result of the victim being under 16 with the offender being

at least four years older. This can lead to frustration of the offender due to alienation he may face

and thus increasing chances of recidivism.

Alternatives for managing sex offenders

Civil Commitment

This is where a sex offender who is deemed to repeat the behavior is held a bit longer

from the public even after serving the criminal punishment. This can is normally done by

committing an offender indefinitely in a secure treatment facility. Such a commitment is meant

for reducing the risk of future risky sexual behavior. It is therefore not in any way connected to

the punishment for crimes committed in the past. The offenders who are committed civilly can

be held for indefinite amount of time meaning there is no time limit for which they can be held.

Normally, they are held for as long as it can be determined they are well treated to guarantee

public safety after their release (Bonnar-Kidd, 2010). Different States have in place criteria for

determining individuals who are deemed to be sex predators or sexual psychopathic and thus

need civil commitment.

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Electronic Monitoring

This is another alterative where the offender after release is electronically monitored.

With advancement in technology, there are various ways and tools that can be used in monitoring

past offenders and preventing recidivism. Some of the tools that can be used include Radio

Frequency, Location tracking, crime and GPS data integration among other methods all, which

provides a window into the offender’s life. This is something that has been adopted by different

States with some even considering using it an alternative to imprisonment for some felonies.

According to Bulman (2013), Sex offenders who were monitored in California by use of GPS

were found to engage in fewer crimes. Compared to the traditional systems of supervision, GPS

monitoring was found to be more effective in lowering the rates of recidivism. Applying this

method, therefore, would be more effective and should be considered as an alternative to

Megan’s law and similar legislations.

Conclusion

The Megan incident sparked emotions and consequently led to the enactment of the

Megan legislation, which together with similar legislations have been used in many States.

However, its effectiveness in dealing with the issue of recidivism and reintegration of the

offenders into the community have been questioned. The legislation is not effective enough and

to some extent contributes to recidivism. More alternatives are needed to ensure the rates of

recidivism are reduced. One alterative is civil commitment where the offenders are civilly held

for indefinite time to prevent them from committing crimes. Another option is electronic

monitoring where various tools such as GPS are used to monitor the activities of the offenders.
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References

Bonnar-Kidd, K. K. (2010). Sexual offender laws and prevention of sexual violence or

recidivism. American Journal of Public Health, 100(3), 412-419.
Bulman, P. (2013). Sex offenders monitored by GPS found to commit fewer crimes. NIJ
Journal, 271, 22-25.
Corrigan, R. (2006). Making meaning of Megan's Law. Law & Social Inquiry,31(2), 267-312.
Levenson, J. S., Brannon, Y. N., Fortney, T., & Baker, J. (2007). Public perceptions about sex
offenders and community protection policies.Analyses of Social Issues and Public
Policy, 7(1), 137-161.