(2 of 2) Legislative History of Sex Offender Residence Restrictions

Sex offender policies April 2008 1
Premises on which sex offender
policies are based:
• All sex offenders reoffendAll sex offenders reoffend
• All sex offenders equally dangerousAll sex offenders equally dangerous
• Sex offenders are more dangerous thanSex offenders are more dangerous than
other criminalsother criminals
• Sex crime rates are on the riseSex crime rates are on the rise
• Treatment doesn’t workTreatment doesn’t work
• Stranger DangerStranger Danger

Levenson, J. S., Brannon, Y., Fortney, T., & Baker, J. (2007). Public perceptions
about sex offenders and community protection policies. Analyses of Social Issues
and Public Policy, 7(1), 1-25.
• 193 citizens of driving age193 citizens of driving age
• Melbourne, FloridaMelbourne, Florida
• late summer 2005late summer 2005
• Melbourne is located inMelbourne is located in
Brevard County, on theBrevard County, on the
central east coast ofcentral east coast of
Florida, about an hourFlorida, about an hour
from the Kennedy Spacefrom the Kennedy Space
Center.Center.
• Females were slightly over-Females were slightly over-
represented (57%)represented (57%)
• mean age = 37 years old.mean age = 37 years old.
• median income = betweenmedian income = between
$30,000 and $40,000.$30,000 and $40,000.
• EthnicityEthnicity
• 69% Caucasian69% Caucasian
• 11% African-American11% African-American
• 14% Hispanic14% Hispanic
• 2.7% Asian2.7% Asian
• Average of 14 years ofAverage of 14 years of
education.education.

Public Perceptions
All sex offendersAll sex offenders
reoffendreoffend NN MeanMean SDSD
MedianMedian ModeMode
What percentage of sex offendersWhat percentage of sex offenders
commit another sex offense?commit another sex offense? 191191 74%74% 20.2220.22 8080 8080
What percentage of child molestersWhat percentage of child molesters
reoffend?reoffend? 192192 76%76% 20.6420.64 8080 9090
What percentage of rapists reoffend?What percentage of rapists reoffend? 191191 74%74% 21.7021.70 8080 9090
What percentage of sex offenders comeWhat percentage of sex offenders come
to the attention of authorities?to the attention of authorities?
193193 46%46% 18.8318.83 5050 30,30,
5050

Myth:
All sex offenders reoffend
Fact: recidivism rates are much lower thanFact: recidivism rates are much lower than
commonly believedcommonly believed
• 5.3% over 3 years (Bureau of Justice Statistics,5.3% over 3 years (Bureau of Justice Statistics,
2003)2003)
• 14% over 4-6 years (Hanson & Bussiere, 1998;14% over 4-6 years (Hanson & Bussiere, 1998;
Hanson & Morton-Bourgon, 2004; Hanson &Hanson & Morton-Bourgon, 2004; Hanson &
Morton-Bourgon, 2005)Morton-Bourgon, 2005)

SourceSource Recidivism RateRecidivism Rate Definition ofDefinition of
recidivismrecidivism
Follow-up periodFollow-up period Sample sizeSample size
Hanson & Bussierre (1998)Hanson & Bussierre (1998) Charges orCharges or
convictionsconvictions
4-5 years4-5 years 29,45029,450
All sex offendersAll sex offenders 14%14%
Child molestersChild molesters 13%13%
RapistsRapists 20%20%
Hanson & Morton-Bourgon (2005)Hanson & Morton-Bourgon (2005) Charges orCharges or
5-6 years5-6 years 19,26719,267
Harris & Hanson (2004)Harris & Hanson (2004) Charges orCharges or
15 years15 years 4,7244,724
Incestuous molestersIncestuous molesters 13%13%
Child molesters / girl victimsChild molesters / girl victims 16%16%
Child molesters / boy victimsChild molesters / boy victims 35%35%
RapistsRapists 24%24%
Bureau of Justice Statistics (2003)Bureau of Justice Statistics (2003) arrestsarrests 3 years3 years 9,6919,691
All sex offendersAll sex offenders 5.3%5.3%

Myth: All sex offenders are the same
Facts: (Harris & Hanson, 2004)
(2 or more
convictions)

Harris and Hanson (2004)
• N = 4,724; 15 year follow up period:N = 4,724; 15 year follow up period:
• ““Most sexual offenders do not re-offend sexually overMost sexual offenders do not re-offend sexually over
time. This may be the most important finding of this studytime. This may be the most important finding of this study
as this finding is contrary to some strongly held beliefs.as this finding is contrary to some strongly held beliefs.
After 15 years, 76% of sexual offenders had not beenAfter 15 years, 76% of sexual offenders had not been
charged with, or convicted of, another sexual offence. Thecharged with, or convicted of, another sexual offence. The
sample was sufficiently large that very strongsample was sufficiently large that very strong
contradictory evidence is necessary to substantially changecontradictory evidence is necessary to substantially change
these recidivism estimates” (p. 17).these recidivism estimates” (p. 17).

Some sex offenders are more dangerous than others
• pedophiles who molest boys: 35-52%pedophiles who molest boys: 35-52%
• rapists of adult women: 19-39%rapists of adult women: 19-39%
• Incest offenders: < 10% - 13%Incest offenders: < 10% - 13%
• Repeat offenders are more likely to reoffend than first-time offenders.Repeat offenders are more likely to reoffend than first-time offenders.
• Those who comply with probation and treatment have lower reoffenseThose who comply with probation and treatment have lower reoffense
rates than those who violate the conditions of their release.rates than those who violate the conditions of their release.
• Sex offenders who target strangers are more dangerous than those withSex offenders who target strangers are more dangerous than those with
victims inside their own family.victims inside their own family.

• Sex offender is a legal term.Sex offender is a legal term.
• All sex offenders are not the same.All sex offenders are not the same.
• Sex offenders are a heterogeneous group.Sex offenders are a heterogeneous group.
• Sexual deviance and dangerousness exist on aSexual deviance and dangerousness exist on a
continuum.continuum.
20 year old with 15
year old girlfriend
Predatory repeat
pedophile with 20
child victims

Myth or Fact?
NN
Percent agree orPercent agree or
strongly agreestrongly agree
Abuse only occurs in low socio-economic classes.Abuse only occurs in low socio-economic classes. 190190 7%7%
Sex offense rates are on the rise.Sex offense rates are on the rise. 192192 77%77%
Alcohol and drugs play a moderate or major role inAlcohol and drugs play a moderate or major role in
sex offending.sex offending. 192192 65%65%
Sex offenders reoffend at much higher rates comparedSex offenders reoffend at much higher rates compared
to other criminals.to other criminals. 193193 68%68%

Fact:
Sex crime rates have declined.
• Sex crime rates, like other serious, non-sexual crimes (e.g., assault,Sex crime rates, like other serious, non-sexual crimes (e.g., assault,
robbery), have declined substantially over the past decade, based onrobbery), have declined substantially over the past decade, based on
both official crime reports and victim reports (Tonry, 2004).both official crime reports and victim reports (Tonry, 2004).
• Rape arrest rates peeked in 1990 and have decreased steadily sinceRape arrest rates peeked in 1990 and have decreased steadily since
1991.1991.
• The 2001 rate for forcible rape was 9.6 per 100,000, the lowest rateThe 2001 rate for forcible rape was 9.6 per 100,000, the lowest rate
recorded since national record-keeping practices were implementedrecorded since national record-keeping practices were implemented
(Maguire & Pastore, 2003).(Maguire & Pastore, 2003).
• It might be argued that the drop in crime rates is a direct result ofIt might be argued that the drop in crime rates is a direct result of
increasingly aggressive crime policies, but sociological andincreasingly aggressive crime policies, but sociological and
criminological scholars assert that such trends are more likely a resultcriminological scholars assert that such trends are more likely a result
of society’s changing values and social norms (Tonry, 2004).of society’s changing values and social norms (Tonry, 2004).

• Some forms of child maltreatment decreased againSome forms of child maltreatment decreased again
from 2004 to 2005, adding to over a decade’sfrom 2004 to 2005, adding to over a decade’s
worth of declines, according to data from the USworth of declines, according to data from the US
Department of Health and Human Services.Department of Health and Human Services.
• Rates of substantiatedRates of substantiated sexualsexual abuse dropped byabuse dropped by
2% in 2005 compared to the previous year,2% in 2005 compared to the previous year,
capping a 51% total decline since 1991.capping a 51% total decline since 1991.

Source: BJS National Crime Victimization Survey, 2005Source: BJS National Crime Victimization Survey, 2005
Myth: Sex crime rates
are on the rise.

Reasons:
• Economic Prosperity in 90sEconomic Prosperity in 90s
• More social workers and detectives; improvements in investigationsMore social workers and detectives; improvements in investigations
• Longer sentencesLonger sentences
• Better community supervisionBetter community supervision
• Anti-depressant drugsAnti-depressant drugs
• Community protection policies may have contributed to the decline,Community protection policies may have contributed to the decline,
butbut
• Sex crime rates were on a downward trend prior to the implementationSex crime rates were on a downward trend prior to the implementation
of Megan’s Law.of Megan’s Law.
""Megan's Law is riding the coattails of the natural downward trendMegan's Law is riding the coattails of the natural downward trend,","
said Kristen Zgoba, a NJ Corrections Department researcher whosaid Kristen Zgoba, a NJ Corrections Department researcher who
is studying the effectiveness of community notification.is studying the effectiveness of community notification.

Fact:
Alcohol & Drugs
• Past substance abuse had 0 correlation withPast substance abuse had 0 correlation with
recidivism (Hanson & Busierre).recidivism (Hanson & Busierre).
• Ongoing substance abuse can be a dynamicOngoing substance abuse can be a dynamic
risk factor for recidivism, as it impairsrisk factor for recidivism, as it impairs
judgment and lows inhibitions.judgment and lows inhibitions.

Are sex offenders the most dangerous
type of criminal?
• The U.S. Department of Justice (Bureau of JusticeThe U.S. Department of Justice (Bureau of Justice
Statistics, 2002).Statistics, 2002).
• burglary (74%)burglary (74%)
• larceny (75%)larceny (75%)
• auto theft (70%)auto theft (70%)
• DUI (51%)DUI (51%)
• Sex offenders 5.3%Sex offenders 5.3%

DUI offenders: 51% recidivism
• Proposed legislation:Proposed legislation:
Drunk drivers prohibited from living 2500Drunk drivers prohibited from living 2500
feet from establishments that sell alcoholfeet from establishments that sell alcohol

Myth: Sex offenders are more dangerous than
other criminals.
Fact:Fact:
• Sex offenders haveSex offenders have
lower reoffense rateslower reoffense rates
than other criminals.than other criminals.
• BJS (2002)BJS (2002)
• Sample & BraySample & Bray
(2003; 2006)(2003; 2006)

Myth: Sex offenders are more dangerous than
other criminals.
• Bureau of Justice Statistics, 2003:Bureau of Justice Statistics, 2003:
““Compared to non-sex offenders releasedCompared to non-sex offenders released
from State prisons, released sexfrom State prisons, released sex
offenders were 4 times more likely to beoffenders were 4 times more likely to be
rearrested for a sex crime.”rearrested for a sex crime.”

Not true that sex offenders are re-arrested at rates four times
those of other criminals.
80
20
5.3
1.3
0
10
20
30
40
50
60
70
80
SO Non SO SO Non SO
% Recidivism
NOT TRUE TRUE

517
3328
0
500
1000
1500
2000
2500
3000
3500
SO Non SO
Within the first 3 years following their release from prison in 1994,
5.3% (517of the 9,691) of released sex offenders were rearrested
for a sex crime. Out of 262,420 released non-sex offenders, 1.3%
(3,328) were rearrested for a sex crime.
5.3% 1.3%
“Compared to non-sex offenders released from State prisons, released
sex offenders were 4 times more likely to be rearrested for a sex crime.”

Myth: Treatment doesn’t work
- Public perceptions
NN
Percent answeringPercent answering
“somewhat“somewhat
true” ortrue” or
“completely“completely
true”true”
Sex offenders who receive specializedSex offenders who receive specialized
psychological treatment will reoffend.psychological treatment will reoffend. 192192 50%50%

Myth: Treatment Doesn’t Work
Facts: Treatment can help
• Furby, Weinrott, & BradshawFurby, Weinrott, & Bradshaw
(1989).(1989).
• Combined analysis of numerousCombined analysis of numerous
studies that was unable to detectstudies that was unable to detect
a significant treatment effect duea significant treatment effect due
to methodology variability.to methodology variability.
• Hanson, R. K., Gordon, A., Harris,Hanson, R. K., Gordon, A., Harris,
A. J. R., Marques, J. K., Murphy,A. J. R., Marques, J. K., Murphy,
W., Quinsey, V. L., & Seto, M. C.W., Quinsey, V. L., & Seto, M. C.
(2002).(2002).
• 17% untreated17% untreated
• 10% treated10% treated
-Equivalent to a 40% reduction-Equivalent to a 40% reduction
• Losel, F., & Schmucker, M. (2005).Losel, F., & Schmucker, M. (2005).
• Recidivism reduced by nearlyRecidivism reduced by nearly
40%40%
• SOTEP:SOTEP:
• No overall differencesNo overall differences
between treated andbetween treated and
untreated groups, but:untreated groups, but:
• Sex offenders whoSex offenders who successfullysuccessfully
completedcompleted the SOTEPthe SOTEP
treatment program reoffendedtreatment program reoffended
at lower ratesat lower rates than those whothan those who
did not demonstrate that theydid not demonstrate that they
“got it” (Marques,“got it” (Marques,
Miederanders, Day, Nelson, &Miederanders, Day, Nelson, &
van Ommeren, 2005).van Ommeren, 2005).

Can they be cured?
• Treatment won’t workTreatment won’t work
equally well for everyone,equally well for everyone,
and 100% success shouldand 100% success should
not be expected.not be expected.
• Sex offender treatments,Sex offender treatments,
like many other types oflike many other types of
medical and mental healthmedical and mental health
interventions, don’t focusinterventions, don’t focus
on a cure but on aon a cure but on a
reduction of symptoms.reduction of symptoms.
• Treatment for diabetesTreatment for diabetes
doesn’t cure the disease, itdoesn’t cure the disease, it
manages the disease.manages the disease.
• Treatment for schizophreniaTreatment for schizophrenia
doesn’t cure psychosis, itdoesn’t cure psychosis, it
reduces symptoms and allowsreduces symptoms and allows
people to function morepeople to function more
adequately.adequately.
• Chemotherapies may notChemotherapies may not
ultimately prevent all cancerultimately prevent all cancer
fatalities but may increase lifefatalities but may increase life
expectancy and quality of lifeexpectancy and quality of life
for many patients.for many patients.
• Sex offender treatment teachesSex offender treatment teaches
clients how to change theirclients how to change their
thinking and their behavior,thinking and their behavior,
and many are able and willingand many are able and willing
to do so and avoid reoffense.to do so and avoid reoffense.

Effect Sizes
• Effect sizes measure the magnitude of the ability of an intervention toEffect sizes measure the magnitude of the ability of an intervention to
increase or decrease a specified outcome.increase or decrease a specified outcome.
• The statistical significance of the effect size indicates whether the benefitThe statistical significance of the effect size indicates whether the benefit
of an intervention goes beyond what would be expected by chance.of an intervention goes beyond what would be expected by chance.
• Generally, it is accepted that effect sizes less than .20 are small, those inGenerally, it is accepted that effect sizes less than .20 are small, those in
the range of .50 are moderate, and those above .80 are considered largethe range of .50 are moderate, and those above .80 are considered large
(Cohen, 1988).(Cohen, 1988).
• Hanson, R. K., Gordon, A., Harris, A. J. R., Marques, J. K., Murphy, W.,Hanson, R. K., Gordon, A., Harris, A. J. R., Marques, J. K., Murphy, W.,
Quinsey, V. L., & Seto, M. C. (2002).Quinsey, V. L., & Seto, M. C. (2002).
• 17% untreated17% untreated
• 10% treated10% treated
-Equivalent to a 40% reduction (effect size = .40)-Equivalent to a 40% reduction (effect size = .40)

Digression: Other effect sizes
• Marshall & McGuire (2003) observe:Marshall & McGuire (2003) observe:
• Bypass surgery for artery blockage = .15Bypass surgery for artery blockage = .15
• Chemotherapy for breast cancer = .08Chemotherapy for breast cancer = .08
• Aspirin for heart problems = .03Aspirin for heart problems = .03

Digression: other effect sizes
• Meyer, Finn, Eyde, Kay, Moreland, Dies, Eisman, Kubiszyn,Meyer, Finn, Eyde, Kay, Moreland, Dies, Eisman, Kubiszyn,
& Reed (2001)& Reed (2001)
• Relapse prevention on improvement in substance abusersRelapse prevention on improvement in substance abusers
is cited as .14is cited as .14
• Anti-inflammatory drugs have only a .14 correlation withAnti-inflammatory drugs have only a .14 correlation with
pain reduction.pain reduction.
• Nicotine patches demonstrate a correlation of .18 withNicotine patches demonstrate a correlation of .18 with
smoking cessationsmoking cessation

Digression: other effect sizes
• Clozapine and its relationship to improvement inClozapine and its relationship to improvement in
schizophrenia = .20schizophrenia = .20
• General knowledge is that only two thirds of patientsGeneral knowledge is that only two thirds of patients
with Schizophrenia respond to meds.with Schizophrenia respond to meds.
• Even Viagra, commonly thought of as a miracle drug,Even Viagra, commonly thought of as a miracle drug,
demonstrated only a moderate correlation with improveddemonstrated only a moderate correlation with improved
male sexual functioning (r = .38).male sexual functioning (r = .38).
• Illustratively, the r squared (.14) indicates that ViagraIllustratively, the r squared (.14) indicates that Viagra
accounts for only 14% of the variance in improvement inaccounts for only 14% of the variance in improvement in
sexual functioning. Thus, statistical significance does notsexual functioning. Thus, statistical significance does not
imply substantive significance.imply substantive significance.

Myth: Stranger Danger
What percentage of sex assaults of adults areWhat percentage of sex assaults of adults are
committed by strangers?committed by strangers? 191191 49%49% 20.4420.44
5050 5050
What percentage of boys are abused byWhat percentage of boys are abused by
someone they know?someone they know? 191191 58%58% 24.5924.59
6060 8080
What percentage of girls are abused byWhat percentage of girls are abused by
someone they know?someone they know? 192192 63%63% 22.3922.39
7070 8080
N Mean SD Median Mode

Myth: Stranger Danger
Fact: 7% of child sexual abuse cases are perpetrated by
strangers.
• About 40% of sexual assaultsAbout 40% of sexual assaults
take place in the victim’s owntake place in the victim’s own
home, and 20% take place in thehome, and 20% take place in the
home of a friend, neighbor orhome of a friend, neighbor or
relative (BJS, 1997).relative (BJS, 1997).
• About .7% of all murdersAbout .7% of all murders
involve sexual assault.involve sexual assault.
• The prevalence of sexualThe prevalence of sexual
murders declined by about halfmurders declined by about half
between the late 1970’s and thebetween the late 1970’s and the
mid 1990’s (BJS, 1997).mid 1990’s (BJS, 1997).
• About 75% of sexual murderAbout 75% of sexual murder
victims are over the age of 18victims are over the age of 18
(BJS, 1997).(BJS, 1997).
93% of child sexual abuse
victims know their abuser;
34% family members
59% acquaintances (BJS,
2000).
7% strangers

Stranger Danger
• It is estimated that about 100 stranger abductions ofIt is estimated that about 100 stranger abductions of
children occur in the United States each year (Nationalchildren occur in the United States each year (National
Center for Missing and Exploited Children, 2005).Center for Missing and Exploited Children, 2005).
• By comparison, over 500 children under age 15 wereBy comparison, over 500 children under age 15 were
killed in 2003 by drunk drivers (National Highway Traffickilled in 2003 by drunk drivers (National Highway Traffic
Safety Administration, 2004).Safety Administration, 2004).
• Over 1100 children died in 2002 as a result of physicalOver 1100 children died in 2002 as a result of physical
abuse or neglect at the hands of their own parents orabuse or neglect at the hands of their own parents or
caretakers (Child Welfare League of America, 2003).caretakers (Child Welfare League of America, 2003).

Beliefs about sentencing
Statistics
122 71 38.80 25.00 99 34.761 2 99
113 80 50.96 36.00 99 48.273 0 300
113 80 47.52 36.00 99 40.032 0 240
110 83 41.92 22.00 99 39.638 0 99
How many years
do you believe
that sex offenders
should serve in
prison?
How many
months of
treatment should
sex offenders
receive in prison?
How many
months of
treatment should
sex offenders
receive after
prison?
How many years
should sex
offenders be on
probation?
Valid Missing
N
Mean Median Mode Std. Deviation Minimum Maximum

Table 3: Differences between group responses and published data
Survey Question
Published
Data
Offender
Mean %
t-value
Offenders
Public
Mean %
t- value
Public
What percent of sexual assaults of adults do
you believe were committed by strangers?
27%a
32% 2.6** 49% 15.2***
What percentage of sex offenders do you
believe come to the attention of the
authorities?
36%b
43% 3.27*** 46% 7.84***
What percent of adult sexual offenders do you
believe were sexually abused as children?
28%c
54% 10.44*** 67% 25.7***
What percent of convicted sex offenders do
you believe will commit another sexual
offense?
14%d,e
21% 4.5*** 74% 41.18***
What percent of rapists do you believe re-
offend in a sexual manner?
20%d
34% 5.87*** 74% 34.64***
What percent of child molesters do you believe
re-offend in a sexual manner?
13%d
27% 6.99*** 76% 42.31***
Note: t-value represents the difference between each group’s mean response and published data.
a
(Bureau of Justice Statistics, 2002)
b
(Bureau of Justice Statistics, 2005); 36% represents report estimates for victims over age 12.
c
(Hanson & Slater, 1988)
d
(Hanson & Bussiere, 1998)
e
(Hanson & Morton-Bourgon, 2005)
Fortney, T., Levenson, J. S., Brannon, Y., & Baker, J. N. (2007). Myths and Facts about Sexual Offenders: Implications for
Treatment and Public Policy. Sex Offender Treatment, 2(1), 1-17.

• Random acts of sexual violence, especially against children,Random acts of sexual violence, especially against children,
generate enormous media coverage.generate enormous media coverage.
• Sexual abuse causes great harm to victims, so our society is rightlySexual abuse causes great harm to victims, so our society is rightly
concerned about it.concerned about it.
• The media reports many inaccurate facts about sex offenders.The media reports many inaccurate facts about sex offenders.
• The public is largely misinformed about sex offenders, particularlyThe public is largely misinformed about sex offenders, particularly
about recidivism rates and the threat that strangers pose to children.about recidivism rates and the threat that strangers pose to children.
• This misinformation leads to fear and urgency to create laws toThis misinformation leads to fear and urgency to create laws to
prevent sex crimes.prevent sex crimes.
• Lawmakers act to serve their constituency, and policies are oftenLawmakers act to serve their constituency, and policies are often
enacted in the absence of empirical evidence.enacted in the absence of empirical evidence.

The role of the media
• There is a link between exposure to media reports about sexThere is a link between exposure to media reports about sex
crimes and an individual’s awareness of sexual violence andcrimes and an individual’s awareness of sexual violence and
support of community protection policies (Proctor et al., 2002;support of community protection policies (Proctor et al., 2002;
Sample, 2001; Sample & Kadleck, 2006).Sample, 2001; Sample & Kadleck, 2006).
• Sample and Kadleck (2006) found thatSample and Kadleck (2006) found that 36333633 news articles aboutnews articles about
sex offenders appeared in three major midwestern newspaperssex offenders appeared in three major midwestern newspapers
news between 1991 through 1998.news between 1991 through 1998.
• News coverage of sex crimes and sex offenders increased 128%News coverage of sex crimes and sex offenders increased 128%
during that time frame.during that time frame.
• A Google News search using the keyword “sex offender”A Google News search using the keyword “sex offender”
conducted on September 9, 2006 for U.S. news articles that wereconducted on September 9, 2006 for U.S. news articles that were
published in the preceding 30 days yieldedpublished in the preceding 30 days yielded 44904490 hits.hits.

• Sample and Kadleck (2006)Sample and Kadleck (2006)
• Themes of high recidivism rates were consistently apparent throughoutThemes of high recidivism rates were consistently apparent throughout
the articles.the articles.
• Portrayals of sex offenders as persistent in their behavior despitePortrayals of sex offenders as persistent in their behavior despite
punishment and rehabilitation.punishment and rehabilitation.
• Another disturbing trend was an “increase in news accounts ofAnother disturbing trend was an “increase in news accounts of
sexually-motivated homicide [which] could well support publicsexually-motivated homicide [which] could well support public
perceptions that sex offending is often synonymous with murder” (p.perceptions that sex offending is often synonymous with murder” (p.
20).20).
• The media can “affect public perception regarding the prevalence ofThe media can “affect public perception regarding the prevalence of
sex crimes by over-reporting single incidents of behavior” (p. 8).sex crimes by over-reporting single incidents of behavior” (p. 8).
The role of the media

The role of the media (Sample & Kadleck, 2008)
• Interviewed 25 politicians in Illinois, who agreed that sexInterviewed 25 politicians in Illinois, who agreed that sex
offenders were a “growing” problem.offenders were a “growing” problem.
• Most politicians described sex offenders as “sick,” commonlyMost politicians described sex offenders as “sick,” commonly
characterizing them as compulsive, persistent, and irredeemable,characterizing them as compulsive, persistent, and irredeemable,
and none thought that rehabilitation was possible.and none thought that rehabilitation was possible.
• When asked how they customarily obtained knowledge regardingWhen asked how they customarily obtained knowledge regarding
sex offenders, the politicians cited the media as by far theirsex offenders, the politicians cited the media as by far their
primary source.primary source.
• Thus, the media appears to play a leading role in shaping opinionThus, the media appears to play a leading role in shaping opinion
both among politicians and their constituents. As a result, publicboth among politicians and their constituents. As a result, public
policies are proposed which are designed ostensibly to protect thepolicies are proposed which are designed ostensibly to protect the
public but which are more likely to promote only an illusion ofpublic but which are more likely to promote only an illusion of
safety.safety.

Recommendations
for
Evidence-based policy:
What can we do to combat
sexual violence?

Evidence-based policy
• Social policies designed to prevent sexualSocial policies designed to prevent sexual
violence will be most effective when theyviolence will be most effective when they
are informed by scientific data aboutare informed by scientific data about
• recidivismrecidivism
• risk assessmentrisk assessment
• needs of criminal offendersneeds of criminal offenders
• therapeutic interventionstherapeutic interventions
• community management strategiescommunity management strategies

Recommendations for evidence-based policy
• Social policies designed to prevent sexual violence will beSocial policies designed to prevent sexual violence will be
most effective when they are informed by scientific datamost effective when they are informed by scientific data
about sex offense patterns, recidivism, risk, assessment,about sex offense patterns, recidivism, risk, assessment,
therapeutic interventions, and community managementtherapeutic interventions, and community management
strategies.strategies.
• One-size-fits-all policies are not cost-efficient, nor are theyOne-size-fits-all policies are not cost-efficient, nor are they
likely to afford utmost protection to the public.likely to afford utmost protection to the public.
• Grove and Meehl (1996) warned that failing to apply researchGrove and Meehl (1996) warned that failing to apply research
evidence to decision-making may have grave consequencesevidence to decision-making may have grave consequences
for individuals and communities.for individuals and communities.
• They advocated for the use of empirical methods to informThey advocated for the use of empirical methods to inform
the development of social policy and intervention services,the development of social policy and intervention services,
and argued that to do otherwise is not only inefficient, butand argued that to do otherwise is not only inefficient, but
unethical (Grove & Meehl, 1996).unethical (Grove & Meehl, 1996).

Risk-based classification systems
• Risk assessment allows screening offenders into relativeRisk assessment allows screening offenders into relative
risk categories and applying the most restrictive andrisk categories and applying the most restrictive and
intensive interventions to the most dangerous.intensive interventions to the most dangerous.
• Unintended consequences and obstacles to reintegrationUnintended consequences and obstacles to reintegration
can be minimized for lower risk offenders.can be minimized for lower risk offenders.
• Broad policies or offense based classification systems areBroad policies or offense based classification systems are
likely to be overly inclusive and dilute the public’s abilitylikely to be overly inclusive and dilute the public’s ability
to identify dangerous offenders.to identify dangerous offenders.

Risk-based classification
systems
• Empirically derived and validated risk assessmentEmpirically derived and validated risk assessment
instruments (e.g. Static-99)instruments (e.g. Static-99)
• Risk Factors associated with recidivismRisk Factors associated with recidivism
• Better definitions of predator (similar to criteriaBetter definitions of predator (similar to criteria
for civil commitment)for civil commitment)
• ParaphiliaParaphilia
• Likely to reoffendLikely to reoffend

Adam Walsh Act
• Tier ITier I: Predicate offenses include whatever offenses do not: Predicate offenses include whatever offenses do not
support a higher classification, such as misdemeanorsupport a higher classification, such as misdemeanor
registration offenses and child pornography possession.registration offenses and child pornography possession.
• Tier IITier II: Predicate offenses include most felonious sexual: Predicate offenses include most felonious sexual
abuse or sexual exploitation crimes involving victims whoabuse or sexual exploitation crimes involving victims who
are minors.are minors.
• Tier IIITier III: Predicate offenses generally encompass sexual: Predicate offenses generally encompass sexual
assaults involving sexual acts regardless of victim age,assaults involving sexual acts regardless of victim age,
sexual contact offenses against children below the age ofsexual contact offenses against children below the age of
13, nonparental kidnapping of minors, and attempts or13, nonparental kidnapping of minors, and attempts or
conspiracies to commit such offenses.conspiracies to commit such offenses.
• Requires juveniles as young as 14 to register.Requires juveniles as young as 14 to register.

Treatment programs should be a mandatory
component or legislation designed to combat
sexual violence.
• Treated sex offenders reoffend nearly 40% lessTreated sex offenders reoffend nearly 40% less
often than those who do not receive treatment.often than those who do not receive treatment.
• Collaborative approaches to treatment,Collaborative approaches to treatment,
monitoring, and supervision(“containmentmonitoring, and supervision(“containment
models”) have been proven effective and cost-models”) have been proven effective and cost-
efficient in other states (CO).efficient in other states (CO).

Collaborative approach to treatment
and community supervision
• Collaborative risk management approaches evaluateCollaborative risk management approaches evaluate
individual offender’s risks and needs, reinforce theirindividual offender’s risks and needs, reinforce their
strengths, and facilitate support systems.strengths, and facilitate support systems.
• Therapists and probation officers work together to assessTherapists and probation officers work together to assess
risk and develop case management plans.risk and develop case management plans.
• Treatment and supervision plans are tailored to target theTreatment and supervision plans are tailored to target the
offender’s specific offense patterns and risk factors.offender’s specific offense patterns and risk factors.
• Polygraph examinationPolygraph examination
• History disclosureHistory disclosure
• Monitoring / MaintenanceMonitoring / Maintenance

The definition of a “Sexual Predator” should more
clearly distinguish such offenders as discussed below.
• The Kansas sexually violent predator act, for example, defines “predatoryThe Kansas sexually violent predator act, for example, defines “predatory
acts” are those “directed towards strangers or individuals with whomacts” are those “directed towards strangers or individuals with whom
relationships have been established or promoted for the primary purposerelationships have been established or promoted for the primary purpose
of victimization”.of victimization”.
• In some states, the definition includes criteria involving the use ofIn some states, the definition includes criteria involving the use of
violence, weapons, or causing injury during the commission of a sexviolence, weapons, or causing injury during the commission of a sex
crime, or those offenders who have had multiple victims.crime, or those offenders who have had multiple victims.
• Repeat offenders, and those who have committed abduction of children orRepeat offenders, and those who have committed abduction of children or
adults for sexual purposes should be considered should be consideredadults for sexual purposes should be considered should be considered
predators.predators.
• Such definitions are more consistant with the term “sexually violentSuch definitions are more consistant with the term “sexually violent
predator” as defined in civil commitment proceedings, which require apredator” as defined in civil commitment proceedings, which require a
convicted sex offender to have a mental abnormally (DSM diagnosis)convicted sex offender to have a mental abnormally (DSM diagnosis)
predisposing him to a likelihood of future sexually violent crimes.predisposing him to a likelihood of future sexually violent crimes.

Loitering zones or
Child safety zones
• Prohibit sex offenders from hanging out inProhibit sex offenders from hanging out in
places where they can cultivateplaces where they can cultivate
relationships with children and groomrelationships with children and groom
potential victims.potential victims.

GPS monitoring
• Can be a useful tracking tool for high risk or predatoryCan be a useful tracking tool for high risk or predatory
offendersoffenders
• Not necessary or cost effective for all sex offendersNot necessary or cost effective for all sex offenders
• May act as a deterrent in some cases but cannot preventMay act as a deterrent in some cases but cannot prevent
sex crimes.sex crimes.
• Can detect where someone is, but not what he is doingCan detect where someone is, but not what he is doing

Public education
• Parents should be made aware of the signs and symptoms of childParents should be made aware of the signs and symptoms of child
sexual abuse, and the common types of grooming patterns used bysexual abuse, and the common types of grooming patterns used by
perpetrators who gain access to victims via their positions of trust orperpetrators who gain access to victims via their positions of trust or
authority.authority.
• Factual data about recidivism rates and the heterogeneity of sexFactual data about recidivism rates and the heterogeneity of sex
offenders would help reduce the fear that often accompaniesoffenders would help reduce the fear that often accompanies
community notification.community notification.
• The media play a crucial role in public education, and should beThe media play a crucial role in public education, and should be
enlisted as responsible partners in the dissemination of accurateenlisted as responsible partners in the dissemination of accurate
information.information.
• ““It does not help the child maltreatment field or the public andIt does not help the child maltreatment field or the public and
policymakers to see child molesters as simply incorrigiblypolicymakers to see child molesters as simply incorrigibly
compulsive fiends who cannot be stopped” (Finkelhor, 2003, p.compulsive fiends who cannot be stopped” (Finkelhor, 2003, p.
1227).1227).

Prevention
• Monies spent on sex offender laws that show little effectMonies spent on sex offender laws that show little effect
take away from funding for victim services.take away from funding for victim services.
• There is a relationship between early maltreatment andThere is a relationship between early maltreatment and
future violent behavior.future violent behavior.
• Protective services and foster care programs are oftenProtective services and foster care programs are often
poorly funded and understaffed.poorly funded and understaffed.
• Investing in treatment and social services for today’sInvesting in treatment and social services for today’s
abused children is the best strategy for preventing potentialabused children is the best strategy for preventing potential
victims of the future.victims of the future.

Research should be prioritized
• Funding should be prioritized for policy analyses,Funding should be prioritized for policy analyses,
at local, state, and federal levels.at local, state, and federal levels.
• Continuous evaluation should be conducted andContinuous evaluation should be conducted and
laws that fail to succeed in meeting intended goalslaws that fail to succeed in meeting intended goals
should be reviewed and modified.should be reviewed and modified.
• Research should include investigation ofResearch should include investigation of
effectiveness and unintended consequences.effectiveness and unintended consequences.

Evidence based social policy can lead to
safer communities.
• Social policies designed to prevent sexualSocial policies designed to prevent sexual
violence will be most effective when theyviolence will be most effective when they
are informed by scientific data about sexare informed by scientific data about sex
offense patterns, recidivism, risk,offense patterns, recidivism, risk,
assessment, therapeutic interventions, andassessment, therapeutic interventions, and
community management strategies.community management strategies.

Jill Levenson, Ph.D., LCSW
• jsljwm@bellsouth.netjsljwm@bellsouth.net
• jlevenson@lynn.edujlevenson@lynn.edu
• 561-237-7925561-237-7925

(2 of 2) Legislative History of Sex Offender Residence Restrictions

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