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Treatment of Sex Offenders

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230<br />

J.S. Levenson<br />

were well acquainted with their victims, such as parents, caretakers, paramours,<br />

babysitters, or friends <strong>of</strong> the family. The repeat <strong>of</strong>fender was a neighbor <strong>of</strong> the victim<br />

in only about 4 % <strong>of</strong> the cases. Predatory assaults that occurred within a mile <strong>of</strong><br />

the <strong>of</strong>fender’s residence typically involved adult victims, and none <strong>of</strong> the crimes<br />

took place in or near a school, daycare center, or park.<br />

Other scholars concurred that the majority (67 %) <strong>of</strong> New Jersey <strong>of</strong>fenders met<br />

victims in private locations while relatively few (4.4 %) met victims in the types <strong>of</strong><br />

locations normally identified as <strong>of</strong>f-limits by residential restriction laws (Colombino,<br />

Mercado, Levenson, & Jeglic, 2011 ). Not surprisingly, sex <strong>of</strong>fenders rarely encountered<br />

their victims in public locations where children congregate, and the authors<br />

pointed out that policies emphasizing residential proximity to schools and parks<br />

ignore the empirical reality <strong>of</strong> sexual abuse patterns. It was found, however, that<br />

<strong>of</strong>fenders who had met their index victim in a restricted or child-oriented venue<br />

were more likely to commit a repeat sex crime. In other words, those who met their<br />

victims at bus stops, parks, camps, carnivals, boardwalks, and hospitals were significantly<br />

more likely to sexually re<strong>of</strong>fend (although only eight <strong>of</strong>fenders recidivated)<br />

and seemed more prone to engage in predatory patterns designed to seek out<br />

children with whom they were not previously acquainted. Since residence restrictions<br />

regulate only where an <strong>of</strong>fender sleeps at night, alternative policies such as<br />

loitering laws might be especially helpful for such <strong>of</strong>fenders. Restricting their ability<br />

to visit places where vulnerable victims may be present would be a more useful<br />

strategy than restricting their residential proximity to such venues, which fails to<br />

address their ability to travel to an <strong>of</strong>fense location (Colombino et al., 2011 ).<br />

In summary, the research literature provides no support for the assumption that<br />

sexual re<strong>of</strong>fending can be prevented by prohibiting sex <strong>of</strong>fenders from residing near<br />

places where children commonly congregate. For the minority <strong>of</strong> sex <strong>of</strong>fenders who<br />

display predatory patterns <strong>of</strong> seeking out minor victims in public settings, laws or<br />

case management strategies that forbid such <strong>of</strong>fenders to visit such locations might<br />

be more effective than laws designating where they can live. <strong>Sex</strong> <strong>of</strong>fenders do not<br />

abuse children because they live near schools, but rather they take advantage <strong>of</strong><br />

opportunities to cultivate trusting relationships with children and their families to<br />

create opportunities for sexual abuse to take place.<br />

Unintended Consequences <strong>of</strong> <strong>Sex</strong> Offender Management<br />

Policies<br />

The challenges encountered by criminal <strong>of</strong>fenders when they reenter communities<br />

after incarceration are even more pronounced for registered sex <strong>of</strong>fenders. The<br />

unique stigma <strong>of</strong> SORN and the ways these laws can obstruct community reintegration<br />

and adjustment are well documented. <strong>Sex</strong> <strong>of</strong>fenders in many different states<br />

report employment obstacles, housing disruption, relationship loss, threats and<br />

harassment, physical assault, and property damage (Levenson & Cotter, 2005a ;<br />

Levenson, D’Amora, & Hern, 2007 ; Mercado, Alvarez, & Levenson, 2008 ; Sample

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