Treatment of Sex Offenders

234
J.S. Levenson
empirically derived assessments based on factors known to correlate with recidivism
should be used to identify those who pose the greatest threat to public safety.
The Adam Walsh Act currently requires states to implement an offense-based classification
system even though empirically derived risk assessment has demonstrated
better utility than AWA tiers in identifying offenders who are likely to reoffend
(Freeman & Sandler, 2009 ; Zgoba et al., 2012 ).
As more people are placed on registries for long durations (25 years or life) with
few mechanisms available for removal from the registry, the average age of registered
sex offenders will continue to increase. This anticipated trend contradicts
research indicating that risk declines with age for all criminals (including most sex
offenders) and sex offense recidivism is especially rare with advanced age (Hanson,
2002 ; Helmus, Thornton, Hanson, & Babchishin, 2011 ; Thornton, 2006 ). Over time
the sex offender population will include an increasing proportion of elderly individuals
who probably pose quite a low risk for reoffense. Furthermore, registration
durations of 25 years to life contradict empirical evidence that risk declines significantly
with increased time spent in the community offense-free and that low-risk
sex offenders are no more likely to be arrested for a new sex crime than general
criminal offenders (Hanson et al., 2014 ; Harris & Hanson, 2012 ; Harris, Phenix,
Hanson, & Thornton, 2003 ). Thus, the emphasis on registration compliance over
longer registration periods will likely create an inefficient distribution of resources
without contributing meaningfully to community safety.
Sex offenders do not molest children because they live near schools. They are
able to abuse children by cultivating relationships with youngsters and their families,
gaining trust and familiarity which creates opportunities for sexual assault.
Thus far, there is no empirical support at all for residential restriction policies, and
in fact, a growing body of literature strongly demonstrates a negative impact on
housing availability when residence restrictions are in effect. Housing instability
exacerbates risk factors for recidivism, and therefore, residence restrictions are apt
to create many more problems than they solve. Though intuitively sensible, they
regulate only where sex offenders sleep at night and do nothing to prevent sex
offenders from frequenting child-oriented venues during the day. For this reason,
jurisdictions should consider “loitering zones” in lieu of residence restrictions,
which would more effectively prevent sex offenders from hanging around in places
where children congregate.
Sex offender management policies are expensive, and lawmakers should invest
in evidence-based policies rather than those that demonstrate negligible public
safety benefit. Sexual assault is a prevalent social problem, and prevention strategies
should reflect not only public opinion but empirical demonstration of effectiveness.
Resources spent on policies that fail to enhance community safety take funding
away from more promising programs as well as services for victims and prevention
initiatives. A paradigm shift toward evidence-based case management might prove
more efficient than one-size-fits-all policies in achieving the important goal of preventing
repeat sexual violence.
American social policies have been largely reactive to problems of child maltreatment,
strongly emphasizing the role of offender punishment and child place-