Kellie Parker

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I was in the doctor’s office last week (I injured my shoulder) browsing the magazines, and the cover story of The Economist caught my eye. The story was “Sex Laws: Unjust and Ineffective” and it’s an in-depth look at how we classify and punish sex offenders in this country. And, as the title suggests, we don’t do it that well.

As I mentioned in a previous entry, I have a BA in Criminal Justice. Although it’s not the main focus of my work these days, I maintain more than a passing interest in the issues regarding the law, the courts, and the prison system.

It’s never been popular to be against sex offender laws. Certainly, no politician could ever get elected (or re-elected) by being against them. But thankfully I am not a politician. And I am, for the most part, against the current laws most states have regarding sex offenders.

There are hundreds, maybe thousands, of terrible stories about children being harmed by real predators — including Megan Kanka (for whom Megan’s Law is named after) and Adam Walsh. But just as real are the stories of people who are branded sex offenders for what most people would believe are minor offenses. According to the Economist:

A report by Sarah Tofte of Human Rights Watch, a pressure group, found that at least five states required men to register if they were caught visiting prostitutes. At least 13 required it for urinating in public (in two of which, only if a child was present). No fewer than 29 states required registration for teenagers who had consensual sex with another teenager. And 32 states registered flashers and streakers.

These are not violent offenders. These people are not harming others. And they are certainly not harming children. Yet most people automatically assume that all sex offenders are violent child rapists and molesters. And why wouldn’t people paint all sex offenders with the same big brush? Their government and laws certainly do. Again from the Economist:

The Georgia Sex Offender Registration Review Board, an official body, assessed a sample of offenders on the registry last year and concluded that 65% of them posed little threat. Another 30% were potentially threatening, and 5% were clearly dangerous.

Yet there they all are, lumped into one big pile and treated as if they are all the same. And in most states (and thanks to a 2006 law passed by the US Congress, soon all states) these registries are available online for anyone to peruse, map, and generally freak out over. This is also ultimately ineffective. More from the Economist:

Publicly accessible sex-offender registries are intended to keep people safe. But there is little evidence that they do. A study by Kristen Zgoba of the New Jersey Department of Corrections found that the state’s system for registering sex offenders and warning their neighbours cost millions of dollars and had no discernible effect on the number of sex crimes. Restricting where sex offenders can live is supposed to keep them away from potential victims, but it is doubtful that this works. A determined predator can always catch a bus.

So, at this point you’re probably asking yourself why, outside of just stating my opinion, this is on my blog. It’s because of all the hysteria surrounding sex offenders on social networks like Facebook and MySpace. It’s about Facebook removing registered sex offenders from its registrations. Which, on the surface, sounds like a good idea. We want to keep kids safe online, right?

Well, no. Because again, it’s very easy to get on the registered sex offender list for something as simple as urinating in public. And most of the offenses that land a person on the sex offenders list have nothing to do with children. And most of the people on sex offender lists pose little threat.

But it’s more than that. The bias and fear-mongering are right there in the words they use to describe the situation and the reasoning for it.  From MSNBC:

“The message … is [that] Facebook has an equal stake in solving this problem of protecting children,” said Blumenthal, who along with North Carolina Attorney General Roy Cooper has led an effort remove sex offenders from the social networking Web sites.”They have an equal stake in the predator problem and its solution.”

What they won’t tell you is that registered sex offenders make up approximately the same percentage of Facebook and MySpace registration databases as they do the general population. Barring all registered sex offenders from social media won’t protect children any more than requiring someone who was caught visiting a prostitute to live 1000 feet away from a school protects children. But none of that sounds like good PR.

I think we all genuinely want to keep children safe from predators. But we have to do what reasoned research tells us is right, instead of taking the shotgun approach that we have in the last few years. We need to act logically, not out of panic or outrage. Treating all registered sex offenders like lepers and cutting them off from the online world is just not the best way to achieve the goal, and it’s incredibly unfair to the people who get lumped in along the way.