In 1996, Megan’s Law, 42 U.S.C. 13701, allowed states to
publicize information about registered sex offenders, and now all states are
required to maintain publicly accessible Internet registries.
According to Jill S. Levenson of Barry University, writing for the ABA, community
notification has increased awareness about the locations of sex criminals,
resulting in the enactment of laws restricting where convicted sex offenders
can live. At least thirty states have passed laws preventing registered sex
offenders from residing within a specified distance of schools, parks, day care
centers, school bus stops, or other places commonly frequented by children.
No empirical evidence exists to support the notion that
restricting where sex offenders live protects children from sexual abuse.
Sex offenders do not molest children because they live near
schools. They abuse when they are able to establish relationships with children
and their families and misuse positions of familiarity, trust, and authority.
According to the Justice Department, 93 percent of sexually abused children are
molested by family members, friends, or acquaintances.
Perhaps the greatest irony is that transience, homelessness,
and instability interfere with effective tracking, monitoring, and probation
supervision, undermining the very purpose of sex offender registries. If sex
offenders cannot find compliant addresses to register, their whereabouts may
become unknown. Many research studies show a clear link between housing
instability and increased criminal recidivism. Therefore, according to
Levenson, laws that foster instability for offenders simply will not serve the
best interest of public safety.
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