Society's Reaction to Sex Offenders 301state. The purpose of the law is to equip the community with information necessary
for the protection of children against child molesters (Cody, 1997). According to
this law, the identification of the victim is not to be released. However, as illustrated
in the case of Jose, the victim's name does not need to be present in order for
identification to occur. A description of the sexual offense is provided, which
can, at times, be sufficient for victim identification. As in the case of Jose, victim
identification occurred after it was stated that the sexual offense was committed
against his sister. Regardless of the public's opinion on the rights (or lack thereof)
of sex offenders, most would agree that the rights of victims, and particularly their
identities, need to be protected.
In terms of the practical application of this law, it is important to examine
whether it serves its intended purpose of protecting children from sexual abuse and
reducing recidivism among sexual offenders. The law is too young for studies to have
been conducted examining the rate of sexual offenses before and after its passage.
However, the literature provides a great deal of information concerning sexual
offenses and offenders which can help to address whether the law will meet its goals.
Perhaps the most important issue is that most sexual offenses are not committed
by strangers in the community; rather, most sexual offenses are perpetrated by
members of the family. This illustrates one misperception by society that sexual
offenders are crazed predators who are waiting to pounce on the first child they
see. This misconception is easier for the public to understand than the fact that, by
fir, most offenses are incestuous in nature. As noted by Williams (1996), it is the
stereotypic image of a sex offender that creates fear and misunderstanding within
society. However, it is precisely such fear and misunderstanding that provide the
basis for an emotional response by legislatures, as witnessed by the sex-offender
registration and community notification laws.
Sexually Violent Predator Act
Another way in which society chooses to deal with sexual offenders is by following
their incarceration with civil commitment. The definition of a Sexually Violent
Predator varies slightly across states; however, the basic premise is the same. Cali-
fornia has defined the statute in the following way:
A person who has been convicted ot one or more sexually violent offenses against
two or more victims for which he or she received a determinate sentence and who has
a diagnosed mental disorder that makes the person a danger to the health and safety of
others in that it is likely that he or she will engage in sexually violent criminal behavior.
(I). A. Cohen, 1997)
The purpose of the law is to identify, locate, apprehend, and prosecute habitual
sexual offenders (D. A. Cohen, 1997). When examined more closely, there are
numerous issues inherent in this statute that call into question its constitutionality.
There has long been a debate as to whether sex offenders need treatment or impris-
onment. The Sexually Violent Predator Act, which became effective in California