Unfair Statutory Sex Law
Pedophilia rapers are among the most hated offenders in our society. To begin with, let us look at two convicts who are carrying a heavy title: sex offender. First criminal is a serial child molester who had six different victims averaging about six-year-old, both male and female. He is serving a 25 years sentence. Second offender had sex with his 16-year-old girlfriend after his prom night, and he is serving the fourth year of his five year sentence. Even though it is clear that there is a huge difference between those two men, both of them are listed in same category of registration: se with a minor, and the record would follow them until their last breath. However, there is something wrong here. Is not it unfair for the first offender to carry such a heavy emotional baggage for his rest of life? Well, it is definitely a misjudgment by unfair statutory sex law.
First, due to the variation in states’ laws, same situations can have huge different result in different states. For example, if an 18-year- old boy has sex with a 15-year-old, in Iowa, this is not a crime; in California, this can result in one year in jail and no sex offender registry; in Georgia, since the minor is under 16 years, that will lead to 10 to 25 years in jail and a life time sex offender registration. Therefore, compare to each other’s law, some
…show more content…
Since the pedophilia and rapers are really likely to repeat their crime, our country has a lifelong sex offender registry policy. However, this policy also includes statutory rape convictions as well. Similarly, the two guys mentioned earlier, the punishment for the first guy is reasonable, and he deserved it. However, it is unfair for the second guy to have the same crime record as the first one. Even he had sex with his underage girlfriend and he violated the law, though it is not a criminal like the first
It is typically thought that sex offenders are the type of individual that needs to be tried in our courts and then sentenced because there is really no hope for an individual that harms the most innocent of our society. But there just may be an exception to this way of thinking. Juveniles who at one point themselves may have been victims, and as they have grown into adolescence not knowing why they are thinking the way they are, turn around and abuse others. Then what happens is that these adolescents once found out, are then tried in our courts as adults because in the mind of the court they are committing an adult crime. But there are alternatives for these juveniles that are being placed in our court system. Because at this stage in their development they are more receptive to treatment options and there are treatments available with valid research to substantiate them. Our judicial system just needs to recognize these options in order to try to lessen the amount of trauma inflicted on these already potentially traumatized individuals.
When it comes to the charges different states have different way of charging the sex offender. They can serve a short or longer sentence and still end up getting probation, however; they would have to register on the sex offender list. Back in 2008 South Carolina has passed a new law that sex offenders/ pedphiles have to be 100 ft from schools, daycares, neighborhoods. play grounds and etc. In this article call trial theory mentions “ In South Carolina legislation also change the first offense, failure to report to register, making it a misdemeanor punishable by no more than 30 days, where it had previously carried a mandatory 90 days in jail “(Trail Theory). Now if the sex offenders do not register they would end up getting a second offense which will give them a year in jail. While the third offense is up to 3 to 5 years if they didn't register. If the person is being convicted than that's when they serve some years. The article Steiner has written goes off and states that “first degree criminal sexual conduct with a minor will serve between a minor who is 10 or younger, and a defendant of any age. This offense incurs up to 30 years in prison without the possibility of parole. Then when it comes to the 2nd charge Steiner writes “Second degree criminal sexual conduct with a minor occurs when there is sexual penetration between a minor who is 11, 12, or 13, and a defendant of any age. It also includes penetration
The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats. Generally, the public views women as nurturers, motherly and incapable of harming a child. Research indicates that female sex offenders capable of committing such acts have serious psychiatric and psychological problems. In comparison, research indicates male sex offenders are more callous, more antisocial, and promiscuous, involved in the criminal justice system, and have more victims (Miccio-Fenseca, 2012, slide 7). The consensus is that men commit their acts for sexual pleasure while women commit their acts due to psychiatric and psychological problems. Law enforcement, juries, and judges tend to empathize more when there are additional mitigating factors such as emotional or psychological problems. Due to these mitigating factors, it appears treatment of female sex offenders is more lenient than male if their crimes are similar in nature. Research by Miccio-Fenseca (2012) indicates that in comparison to their male counterparts, “female sex offenders rarely use force or violence far less than often…rarely use threats of violence to silence victims…rarely use threats o...
There is much debate as to whether a sex offender should be released into the public, this debate stems from the idea that a sex offender cannot be treated and that they are a danger to the public as they are ‘purely evil’ (Burke, 2005), however there is much evidence that sex offenders can be treated and re-introduced into society as a productive member. Sex offender is a general term used to refer to any person who has been convicted of crimes involving sex, from rape and molestation to exhibitionism and pornography distribution. There are many theories which try to explain why people are sexual offenders, these theories along with treatments for sex offenders will be looked at to help explain why people sexually offend and to help evaluate whether sex offenders should be released.
A 40-year-old serial rapist, a 12 year old young boy having consensual sex with his girlfriend. What do both of these individuals have in common? They can both be subjected under the Canadian sex offenders registry. However, when a rapist suddenly slides off the map and commits more crimes under the radar, one begins to question the effectiveness of the registry, and what can be done to develop it’s quality and accuracy. Another question which seems to badger Canadian society today is that relating to whether a minor should be a registrant at all, no matter what their crime, Canada has a strong belief in rehabilitation.
Sex offender legislation has been encouraged and written to protect the community and the people at large against recidivism and or to help with the reintegration of those released from prison. Nevertheless, a big question has occurred as to if the tough laws created help the community especially to prevent recidivism or make the situation even worse than it already is. Sex offenders are categorized into three levels for example in the case of the state of Massachusetts; in level one the person is not considered dangerous, and chances of him repeating a sexual offense are low thus his details are not made available to the public (Robbers, 2009). In level two chances of reoccurrence are average thus public have access to this level offenders through local police departments in level three risk of reoffense is high, and a substantial public safety interest is served to protect the public from such individuals.
There have been numerous laws enacted in response to sexual offender crime. Do these laws really work to help minimize re-offending, or do they give the public a false sense of security and cause recidivism? In several studies, researchers found no evidence of sexual offender registries being effective in increasing public safety. Some studies have found that requiring sex offenders to register with law enforcement may significantly reduce chances of recidivism. However, the research also found that making registry information available to the public may back fire and lead to higher levels of overall sex crimes Background A sex offender is a person, male or female who has been convicted of a sex crime.
The jury in the Iowa Supreme Court convicted him of knowingly disseminating obscene material to a minor and required him to register as a sex offender.3 In the United States, seventeen states have enacted special sexting laws that outline what parties are culpable and the punishments for sending and receiving sexts to and from minors.... ... middle of paper ... ...
In today’s society, juveniles that commit a sexual assault have become the subject of society. It’s become a problem in the United States due to the rise of sexual offenses committed by juveniles. The general public attitude towards sex offenders appears to be highly negative (Valliant, Furac, & Antonowicz, 1994). The public reactions in the past years have shaped policy on legal approaches to managing sexual offenses. The policies have included severe sentencing laws, sex offender registry, and civil commitment as a sexually violent predator (Quinn, Forsyth, & Mullen-Quinn, 2004). This is despite recidivism data suggesting that a relatively small group of juvenile offenders commit repeat sexual assaults after a response to their sexual offending (Righthand &Welch, 2004).
Are we bothered by the fact that in the current social climate, the rights of convicted pedophiles are routinely violated and nobody cares. Rules of evidence are stretched, and terms of punishment are increased. The danger of this precedent is impossible to ignore.
There are far more males serving for statutory rape within prisons than females. There are hardly any females reported being charged with statutory rape or being sued for the same crime. The law does state that males and females have the same punishment for statutory rape (Christopher, 2012). However, in many cases young boys do not report the crime because they look at it as an act of becoming a man to have sexual relations with not only young girls but older women as well. There are several cases in which young boys are charged with the crime of statutory rape even when all parties are involved and gave their consent. For example in one case, a fourteen year old boy was charged with statutory rape for being involved in sexual activities with three girls who were younger than the boy, two of th...
Sex offenders have been a serious problem for our legal system at all levels, not to mention those who have been their victims. There are 43,000 inmates in prison for sexual offenses while each year in this country over 510,000 children are sexually assaulted(Oakes 99). The latter statistic, in its context, does not convey the severity of the situation. Each year 510,000 children have their childhood's destroyed, possibly on more than one occasion, and are faced with dealing with the assault for the rest of their lives. Sadly, many of those assaults are perpetrated by people who have already been through the correctional system only to victimize again. Sex offenders, as a class of criminals, are nine times more likely to repeat their crimes(Oakes 99). This presents a
Sexual assault is an offense that plagues many U.S. citizens. Although some studies show that rape is on the decline, other studies report that the phenomena actually occuring is that less rape victims are reporting the crime. In fact, approximately 68% of sexual assaults go unreported to the police according to the U.S. Department of Justice in a National Crime Victimization Survey from 2008-2012. It is common knowledge that rape victims are usually severely traumatized after the event, which leaves them susceptible to various emotions such as shame, anxiety, numbness, fear, denial, and guilt. Because of this, many rape victims decide to repress their experience and let it go unheard. However, not only does this prevent them from healing emotionally,
Sex work has long been criticized and stigmatized in our society. Whereas several members of society read sex work as immoral and degrading to girls, feminist argue that sex work is basically simply work, which it's not essentially harmful to girls. beneath circumstances within which sex work is accepted and controlled in society, within which the sex employee is protected and granted an equivalent rights as the other laborer, sex work has the chance to be helpful to girls.
The relationship was consensual between the two, and the only reason that the relationship was found out was because the young man bragged to an ex-girlfriend about dating his teacher. It was not the boy who was conflicted by the relationship, but the ex-girlfriend who was mad that she got dumped for an older women. The teacher worked with the police in every step of the investigation, and the young man did not give the whole story. He gave bits and pieces of the story to the investigating officers. Maggie Laughlin was sentenced to 3 years in prison and got an early release. Laughlin served a total of 13 months because she co-operated with the investigation, and was truthful. Laughlin also has to do 200 hour community service, go to counseling for sex offenders, and is prohibited from contacting the victim. Laughlin’s teaching license is revoked and she is registered as a Tier II sex offender. This means she will have to register her address for the next 25