The Sex Offender Registry Doesn’t Work
In 1994, state sex offender registries launched as a tool for law enforcement officials and were limited to the most serious offenders. In the two and a half decades that have followed, lawmakers on both sides of the aisle have continually pushed to expand these databases and pile punitive requirements onto people in them. Politicians may be acting on good intentions but what is the result? No improvement to public safety, crushing punishments that hobble offenders’ rehabilitation, and costly program maintenance that diverts critical resources away from survivors and prevention strategies. Yet, registries remain popular and keep growing.
Two persistent myths underpin the wide support sex offender registries garner. One is the false idea that sexual violence is mostly committed by strangers. The other is the misconception that sex offenders are far more likely to reoffend than people who’ve committed other types of crimes.
The “stranger danger” belief leads to burdensome registry requirements, particularly in Illinois compared to other states, that make offenders and their status known to the public while restricting where they can go. For example, they must notify their employers, landlords, and neighbors of their conviction, as well as comply with law enforcement checks at their homes and places of work. They cannot live or work within set “buffer” distances from places like schools, playgrounds, and churches. Their name, photo, and crime are available to anyone with a quick internet search. These sanctions make it hard to hold down a job, find a secure place to live, and be an engaged parent or family member. All this contributes to high levels of homelessness and isolation among offenders; undeniably poor conditions for rehabilitation or reintegration into society. Essentially, we’re putting offenders in a position where they have nothing to lose.
The widely held belief that most sex offenders will assault again leads people to think they can stay safe if they know who’s committed a sex crime and monitor them relentlessly; that registries are prevention tools. Research has consistently found the opposite to be true. People who have been convicted of sex crimes are less likely to reoffend than other criminals. It’s also important to remember that the vast majority of people who sexually harm others will never be convicted. Most survivors of sexual assault and abuse never report their experiences to the police in the first place, let alone see their assailants face any penalty. In short, if the registry is intended to prevent future violence, it cannot be effective since the vast majority of perpetrators will never be on the registry and it’s unlikely that the few who are will reoffend.
Idealizing the registry as a prevention method lets law enforcement and legislators off the hook for actually changing rape culture. It’s foolish to keep investing in a system that begins after a crime is committed and relies on the minuscule chance that the offender will be convicted. Instead of clinging to a false sense of safety that impedes progress and inflicts inhumane punishment, we should be focusing on proven strategies. Strategies that rehabilitate people who cause harm while holding them to account, support survivors of sexual harm, and prevent future pain. CAASE is partnering with our allies to do just that.
Some of this work has already begun in Illinois with a 2017 report from the Illinois General Assembly Task Force on Sex Offenders and Sex Offender Registration. It concluded that many of the current registry requirements are not effective and are overly burdensome. Next year in Springfield, we hope to craft those findings into new legislative advocacy work that simultaneously closes gaps in laws surrounding victims’ rights. We face many challenges in ending “tough on crime” policies that have been politically popular in the past but continuing to fail survivors is not an option. We hope you’ll support our work as we demand evidence-based policy changes for safer communities.
For more information about our position on the sex offender registry or other policy issues, contact our Policy Associate, Madeleine Behr, at mbehr@caase.org.
This piece was published on October 9, 2019. It was authored by Hayley Forrestal. Learn more about our staff here.