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The Sex MonSTer: - John Jay College Of Criminal Justice - CUNY

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506 Abby stein, ph.d.<br />

prosecuted in criminal court. On the other hand, less invasive sexual<br />

crimes committed by strangers, such as public masturbation or lewd language<br />

directed at a minor, are often reported to the police and prosecuted,<br />

and many low-level offenders are placed on sex offender registries.<br />

Community notification laws mandate that information regarding<br />

the location of registered sex offenders be made available to the public.<br />

In some states, information is broadly disseminated to the public and the<br />

media, whereas in other states the privacy of offenders is more protected.<br />

In some states, sex offenders are designated as such on their driver’s licenses<br />

even if their crimes were committed as juveniles. Disturbing responses<br />

to what is perceived as a spike in sex crimes, but what more<br />

likely reflects a trend in increased reporting, have emerged in many<br />

states.<br />

Although 10% of the 63,000 sex offenders on Texas’s registry are violent<br />

predators, the other 56,700 consist of young boyfriends of girls not<br />

yet 17 (the age of consent in Texas), mentally retarded offenders who<br />

have exposed themselves, people possessing graphic drawings (not photographs)<br />

of naked children, vagrants who have urinated in public, and<br />

even teens caught “sexting” nude pictures of themselves to friends. Registrants<br />

are barred from living near schools, parks, and homes with young<br />

children (including their own) without regard to the specific nature of<br />

their convictions.<br />

In 2006, the General Assembly of the State of Georgia passed House<br />

Bill 1059, a law that made it illegal for a sex offender to live or work in<br />

Georgia (Geraghty, 2007). Attempts to remove low-level offenders from<br />

the state registry, including those convicted of statutory rape, have all<br />

failed. <strong>The</strong> state’s plan to force the mass evacuation of 12,000 registered<br />

offenders, including some in nursing homes or hospice, has been delayed<br />

through the intervention of the Southern Human Rights Center and<br />

the American Civil Liberties Union, who filed suit against the State of<br />

Georgia. <strong>The</strong> outcome of the lawsuit is still uncertain.<br />

Although sexual homicides are very rare, they have always received<br />

outsized attention and resulted in extralegal remedies. Although the first<br />

sexual psychopath law, passed in Michigan in 1937, was soon found unconstitutional,<br />

a raft of similar laws allowing the indefinite civil commitment<br />

of offenders following the completion of their prison terms have<br />

survived legal challenges throughout the 1990s, despite the fact that they<br />

place offenders who have already done their time in double jeopardy<br />

(Zilney & Zilney, 2009). More worrisome is the fact that many of the<br />

04 CP47(4) 497-518.indd 506 10/6/2011 11:16:33 AM

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