Should sex offenders be allowed to appeal?

[jbrowder24]

I may have misspoken a bit... I guess it depends on the state you live in.

I found this from the Human Rights Watch: "Federal law and the laws of all 50 states now require adults and some juveniles convicted of a vast array of crimes that involve sexual conduct to register their addresses and other information with law enforcement agencies. Because registration requirements are overbroad in scope and overlong in duration, there are more than 600,000 registered sex offenders in the US, including individuals convicted of non-violent crimes such as consensual sex between teenagers, prostitution, and public urination, as well as those who committed their only offenses decades ago."

It's from 2007 and some states and laws might have been revised since then... but in the US, there's definitely flaws that can lead to people being harassed, etc., for a crime they actually didn't commit as people too often assume the worst.

[simon]

I may have misspoken a bit... I guess it depends on the state you live in.

I found this from the Human Rights Watch: "Federal law and the laws of all 50 states now require adults and some juveniles convicted of a vast array of crimes that involve sexual conduct to register their addresses and other information with law enforcement agencies. Because registration requirements are overbroad in scope and overlong in duration, there are more than 600,000 registered sex offenders in the US, including individuals convicted of non-violent crimes such as consensual sex between teenagers, prostitution, and public urination, as well as those who committed their only offenses decades ago."

It's from 2007 and some states and laws might have been revised since then... but in the US, there's definitely flaws that can lead to people being harassed, etc., for a crime they actually didn't commit as people too often assume the worst.

nice reseach there the one (well maybe more) thing that gives me the shits about the USA is that anyone can seem to get you arrested by just telling the police they want you arrested,hope I've got it wrong.

[fredv3b]

thats just wrong,to be on the register you have had to have been convicted and spend time in prison for the crime!.

I'm sorry but you are incorrect (I would post a link, but I don't know how to from my iPhone). Anyone convicted or cautioned under the Sexual Offences Act is liable to be placed on the register. Even if someone is convicted they do not need to be imprisoned to be placed on the register.

make your mind up, you challenge me then only a few posts later say they don't even have to have been convicted of anything!!!!

If someone us convicted they must receive an official punishment (or a discharge, unlikely with a sexual offence), being placed on the register is not officially regarded as a punishment, just a means of public protection.

[fredv3b]

I know I would want to know if my kid was going to a school where a teacher is employed that has a 30 year old conviction,just think about that for a sec.

As far as I am aware the majority of offences that lead to a sex offender registration do not involve children. Do you think it should be public knowledge that a teacher at a school, 30 years ago as a drunken student was caught having consensual sex with another student on the beach?

[simon]

I'm sorry but you are incorrect (I would post a link, but I don't know how to from my iPhone). Anyone convicted or cautioned under the Sexual Offences Act is liable to be placed on the register. Even if someone is convicted they do not need to be imprisoned to be placed on the register.



If someone us convicted they must receive an official punishment (or a discharge, unlikely with a sexual offence), being placed on the register is not officially regarded as a punishment, just a means of public protection.

I was not saying the register was a punishment,the point I was making was it could NOT been seen as a punishment so why would anyone disagree that once we know who is a pedo that we keep an eye on them,the "register" is not one big book but is a number of separate registers for different levels of offence,the supreme courts ruling was relating to those that are on the register for life,hence the argument to have an appeal,to be on the register for life you have had to have been convicted and served in prison.

[simon]

As far as I am aware the majority of offences that lead to a sex offender registration do not involve children. Do you think it should be public knowledge that a teacher at a school, 30 years ago as a drunken student was caught having consensual sex with another student on the beach?

thats an argument for which offences are included on the "life" register,your example would not be in all likelyhood.

[Cardiganwearer]

From here
Q&A: the sex offenders register | Society | Guardian Unlimited,

"Those given a jail sentence of more than 30 months for sexual offending are placed on the register indefinitely. Those imprisoned for between six and 30 months remain on the register for 10 years, or five years if they are under 18. Those sentenced for six months or less are placed on the register for seven years, or three and a half years if under 18. Those cautioned for a sexual offence are put on the register for two years, or one year if under 18."

It would appear that an adult can find himself on the register for two years as a result of a caution, an option available to the police and usually accepted without taking legal advice. It is done entirely at the discretion of the police and has no judicial oversight and no right of appeal. Cautions for other offences while they remain on record are not automatically communicated to any other parties.

You'll find an example of the unfairness of the caution here
http://www.gaymonitor.co.uk/case6caution.html.

No other offence requires registration in this way, even murderers, although out on licence are not required to register with local police, inform them if they go away for more than seven days, get photographed when they renew their registration etc., etc.

To put it in perspective, we are talking about appeal, not automatic removal from the register. Cases will be heard by judges and evidence weighed in the same way a prosecution would be conducted.

The "won't someone think of the children" mantra simply doesn't wash in a world where in the case of an appeal the law will think of the children.

[fredv3b]

Cautions for other offences while they remain on record are not automatically communicated to any other parties.

Formal police cautions do appear on CRB reports.

No other offence requires registration in this way, even murderers, although out on licence are not required to register with local police, inform them if they go away for more than seven days, get photographed when they renew their registration etc., etc.

Prisoners released on licence are the responsibility of the probation service not the police. As far as I am aware they have to keep them informed of their movements.

[East]

I think, at least here in the US. that the sexual offenders registry needs an overhaul.

I find that an adult pedophile who molests children belong in a category of their own with separate rules and when that happens the question at hand is much easier to deal with and this does not include a 21 year old doing it with their 17 year old GF/BF .

Some of the offenses that place people on the sex offender registry are absurd starting with the two young lovers who happen to have a few years age difference. It is insane to subject either one of them to this list and it's consequences...same with the guy who was masturbating in the bathroom and so many other acts.

If we are speaking of a pedophile and appeal...I have a closed mind I am afraid but if there was alot more research and understanding and perhaps some kind of cure I would be willing to open my ,mind to hear about it...til then...no dice...

All other offenses...of course there should be an appeal process and hopefully an overhaul of the whole system.

...

[fredv3b]

Why should it be OK for a 21 year old to have sex with a 17 year old when it's not for a 31 year old?

Just asking...