The Case Of Brock Turner: Are ‘Forever’ Sex Offender Registries Too Harsh?

Brock Turner was released from prison on September 2, 2016, after serving three months of a six-month jail sentence after being convicted of raping a young woman behind a dumpster. The ex-Stanford star swimmer was just 21 years old when he was found by passersby with an unconscious woman on the ground in the middle of winter, her dress pulled up and him on top of her, when they alerted police, and he was arrested for sexual assault. A national outcry erupted because many found his sentence of six months to be far too lenient for sexual assault. The young woman herself penned a poignant victim-impact letter that the judge heard but ultimately decided that six months was enough jail time for Turner. Turner was expelled from Stanford, and his swimming career was over — and six months in prison is arguably not a harsh sentence for rape, but many advocates state that when he was forced to register as a sex offender on September 6, which will be on his record for the rest of his life, his life was essentially destroyed.

Some studies have shown that sex offender recidivism rates are high, much higher than most victim crimes, according to some academic research journals. This means, in simple terms, someone who has committed one sex crime may be more likely to commit another sex crime, such as the results of a study published in Criminal Justice Review, which states that “the central issue regarding sexual offenders concerns their propensity to reoffend. Empirical studies have reported recidivism levels as high as 50%, whereas other studies have found substantially lower levels of offending, approximately 0% to 11%.” This disparity may be explained by methodology and statistical interpretation, as well as interpretation of what constitutes recidivism. According to Science Daily, registries exist to make the public aware of possible dangerous individuals who may live, work, or interact with them, as some studies have shown that those who register are less likely to reoffend. Since it is a state by state basis on laws regarding sex offender registries, national data is difficult to interpret in a broad sense. When sex offender registries are made public, parents can see if any registered sex offenders live close by, and employers will find this glaring red flag in any routine background check before offering someone employment.

However, some experts are questioning the ethical component of placing an offender, particularly a one-time offender, on a registry for life, particularly in light of the fact that there are studies that show it does not significantly decrease the chance of re-offense, according to Science Daily. There are many states, including California and Florida, in which the individual will remain on the sex offender registry until death. Some experts and lawyers argue this is a cruel and unusual punishment because it absolves the opportunity for the offender to ever receive gainful employment or volunteer for meaningful charity work. Some offenders, they argue, may make a poor decision once as a very young person, and never commit a crime again, but even after serving their time, they will continue to pay for their crime through ridicule, lack of employment opportunities, and sometimes vigilante justice. It is not uncommon for individuals on sex offender registries to be the targets of crime and sometimes even murder.

According to Fox News, Stanford University Law Professor Michele Dauber, who protested that Turner’s six-month prison sentence was too lenient, is now saying that she feels a lifetime on a sex offender registry may be too harsh.

“No one should be defined by their worst decision for the rest of their life. Deciding who should be removed, which cases or crimes should qualify would require thoughtful legislation, a fair process and, of course, an unbiased judge.”

Of course, many sexual assault advocates disagree with her and say the system is in place to keep offenders out of positions of trust and warn the public of potential dangers. Staca Shehan of the National Center for Missing and Exploited Children says the registries provide an important buffer of safety for the public. She feels that sex offenders are less likely to attempt sexual assault when they know law enforcement is aware of them.

“Sex offender registries are an important part of the criminal justice system. Registries assist law enforcement — and the public — to keep track of the locations of convicted sex offenders.”

Are “forever” sex offender registries too punitive? Share your thoughts.

[Featured Image by Santa Clara County Sheriff/AP Images]