Encyclopedia of Psychology and Law

(lily) #1
reconviction rates of registered and unregistered sex
offenders. About 3% of registered sex offenders were
convicted of a new sex crime after 4 years, compared
with the 3.5% recidivism rate of unregistered sex
offenders. In Wisconsin, it was found that high-risk sex
offenders exposed to aggressive community notifica-
tion actually had higher rates of recidivism (19%) than
those about whom little information was publicly dis-
closed (12%). A multistate study examining the effect
of registration and notification laws in 10 states found
no systematic reduction in sex crime rates after registra-
tion and notification laws were passed. A more recent
study conducted in Washington state did find substantial
reductions in sex offense recidivism. However, it is
unclear whether the changes can be directly attributed to
notification or whether they are a result of more strin-
gent sentencing and probation policies.

Unintended Consequences of
Community Notification
Community notification laws have been criticized as
creating unforeseen negative consequences for vic-
tims, communities, and offenders. For instance, vic-
tims may be discouraged from reporting sexual abuse,
especially if the perpetrator is a family member,
because of the potential for the crime to be publicly
disclosed. Broad notification that disseminates infor-
mation about all sex offenders regardless of risk may
dilute the community’s ability to determine who is
truly dangerous if all offenders are similarly publi-
cized. Finally, the high costs of community notifica-
tion may take away funding from victims’ treatment,
protective services, and foster care programs.
A small but growing body of research has begun to
investigate the experiences of sex offenders and the
impact of notification on their community reintegra-
tion. Research in several states has found that commu-
nity notification often leads to harassment, vigilantism,
and migration for sex offenders. Sex offenders report
that public disclosure interferes with their ability to
secure housing and employment. Some scholars have
speculated that public registries may not be advanta-
geous to a goal of preventing recidivism, because they
create obstacles to successful community reentry by
limiting education and employment opportunities and
by creating social environments marked by shame,
loneliness, instability, and psychosocial stress.
The practical, legal, and social consequences of
crime may be more severe for sex offenders than for
other criminals. Obstacles such as maintaining housing

and employment, social stigma, a sense of vulnerabil-
ity, and relationship problems are recognized as factors
that can facilitate recidivism. Criminological research
has indicated that employment, positive social bonds,
and stability increase the likelihood of successful rein-
tegration for criminal offenders. Social policies that
ostracize and disrupt the stability of sex offenders may
increase their risk and, therefore, may not be in the best
interests of public safety. States that assess risk and
reserve more aggressive notification for high-risk
offenders may minimize potential unintended negative
consequences for lower-risk offenders, with little prob-
ability of compromising community safety.
Although each state prohibits harassment or vio-
lence toward registered sex offenders, community
notification has been known to lead to vigilantism.
Though extreme vigilante violence appears to be rela-
tively rare, cases of arson, shootings, hangings, and
severe property damage have been documented.
Murders of registered sex offenders by vigilantes have
occurred in Maine, Washington, and New Hampshire.
A survey of sex offenders in Florida found that one
third reported being threatened or harassed, 21% suf-
fered property damage, and 5% said they had been
physically assaulted or injured. In Kentucky, 16% of
male sex offenders and 15% of female sex offenders
said that they had been physically attacked. In Indiana
and Connecticut, about 20% of sex offenders reported
that they had experienced harassment, threats, or
property damage, and 10% had been assaulted.
The accuracy of Internet registries has been criti-
cized by the media. The validity of registries can
affect their ability to protect the public. In 2003, the
Boston Heraldreported that the whereabouts of 49%
of registered sex offenders in Massachusetts were
unknown. Research regarding the accuracy of
Kentucky’s sex offender registry revealed that about
one quarter of registered addresses might be incorrect.
Newspapers in Florida reported that nearly half of the
sex offenders on the state’s Internet registry were
incarcerated, dead, or missing.

Recidivism, Risk Assessment, and
Community Notification Practices
Community notification is a very popular social policy,
largely because of the belief that sex offenders have
alarmingly high recidivism rates. In actuality, sex
offense recidivism is lower than commonly believed.
Studies by the U.S. Department of Justice and the
Canadian governments suggest that 5% to 14% of sex

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