Sexual offenses are serious crimes. There is no doubt that the intentions behind creating the laws meant to punish and deter sex offenders were noble.
However, according to opponents of the sex offender registration laws, such as Human Rights Watch, there is no proof that these laws achieved the purpose they were designed for.
As a former sex crimes prosecutor, I share that skepticism.
It’s one reason why, after years of serving as Chief of the Sex Unit and Chief of the Child Abuse Unit in Macomb County, Michigan, I left a cushy government job to serve on the defense side of the table.
Most recently, I was part of the singer R Kelly’s legal team.
How did I get to that 360-degree turn—from prosecuting sex offenders to a conviction that the laws do not deter offenders from committing sexual offenses and do nothing to help individual victims of sexual abuse?
I started my law career 20-plus years ago in Detroit, working at the Legal Aid Defender’s Office. I was instantly thrown into jury trials with clients that were charged with some of the most heinous crimes you can imagine.
Not only did I have to defend armed robbers and drug dealers, I had to defend those clients who were charged with sex crimes. The things I saw and learned defending those accused of committing sex crimes prepared me for my future law practice ahead.
After defending hardcore criminals for a year and a half (trust me it was equivalent to 20 years in real life) I got a job with the Detroit Prosecutor’s Office, where I was responsible for putting the criminals that I once defended, in prison.
Although I prosecuted cases as serious as murder, it was the prosecution of sex crime cases that remained with me.
A judge I used to work in front of in Detroit called me one night and said, “since you have expertise in trying sex cases you got to talk to these people who are looking to put together Mr. Kelly’s legal defense team.”
As much as I thought she was playing a joke on me, it became my reality.
Thus, I spent the last three years fighting for Mr. Kelly. I experienced and saw things most people would never believe.
When it comes to the justice system, every person is supposed to be treated fairly. The standard for anyone who sits in the defendant’s chair is that that person is “presumed innocent until proven guilty.”
Unfortunately, I saw, firsthand, that standard completely reversed. In the justice system that I was a part of, my client was guilty until proven innocent. We fought an uphill battle from the very beginning. That experience has certainly helped shape my entire career.
The Origins of Sex Offender Registries
As a criminal defense attorney focused on sex crimes, it was important to learn how sex crime cases became so prevalent over the years. I did an immense amount of research and discovered the following:
In the 1990s, sexual assault crimes, sexual crimes directed at children, and sexually violent offenses had reached a boiling point.
This prompted the creation of state and federal laws to enhance public safety and protect children from habitual child molesters.
Beginning in 1991, several states had implemented their own sex offender registries.
One of the first federal laws on sex crimes enacted, in an effort to thwart further criminal offenses against minors and sexually violent offenses by known offenders, was the 1994 Jacob Wetterling Crimes against Children and the Sexually Violent Offender Registration Act; Subtitle A of Title XVII of the 1994 Crime Bill.
This law requires that each state create specific programs to register persons convicted of a criminal offense against a minor or a sexually violent offense. This meant that anyone could look up a name to determine if a person has a criminal history of sexual assault on minors, violent sexual assault charges, or other sex related offenses.
In 1996, the Pam Lychner Act created a national database of convicted sex offenders that tracks sex offenders as they move from state to state and cover for states not in compliance with the Jacob Wetterling.
Act Sex offenders who were living in states that do not have a “minimally sufficient” registry program were now required to report to the FBI. This way, no one could hide in states that were lax in their sexual registry requirements.
Federal sex crime laws have seen many changes through the years, with the 2006 Federal Adam Walsh Act, also known as Sex Offender Registry and Notification Act (SORNA), being the most significant. SORNA lays out the standards for every state that sets regulations regarding sex offender registration.
Among them is the number of times sex offenders are supposed to update their information at their respective states’ sex offender registries, depending on the severity of their sex offenses.
SORNA laid out certain information to be retrieved from offenders and placed on the registry for the public to see.
The Laws are Fundamentally Flawed
Opponents of the law believe that it goes against the Constitution. They call for criminal justice reform on sex offender registration laws, which comes with residency restrictions, employment limitations, and more.
Convicted offenders of sexual crimes have to live with the unintended consequences of their mistakes longer than any other offender, with many lasting a lifetime.
These laws suggest that it’s impossible to rehabilitate sex offenders like other offenders.
The Bureau of Justice Statistics shows that most convicted sexual assault ex-offenders do not re-offend and often have significantly low rates of arrests for other offenses compared to other released offenders.
The Laws are Discriminatory
Sex offender registration law unfairly targets sex offenders and subjects them to additional punishment, unlike other offenses. This violates both the Cruel and Unusual Punishment Clause and the Double Jeopardy Clause.
Going by these standards, it is right to say that sex offender registry laws seem to violate the constitution. Those committing sex crimes, a.k.a. sex offenders, receive harsher penalties than those who commit other crimes of equal or even greater magnitude, like murder.
Sex offenders often not only have to serve time, but they are subjected to further punishment by having their names on their respective state’s sex offender registry.
Some judges have agreed that the laws are unconstitutional on their application in some states. For example, in 2020, a federal judge ruled a big portion of the Michigan Sex Offender Registry laws unconstitutional and called for a review of the contentious clauses.
Minor Offenses Can Land You on the Sex Offender Registry
Often, the mention of sexual offenders brings to mind a heinous sex crime involving heartless child molesters.
However, you don’t have to be a sexual predator to get on the sex offender registry. Even seemingly innocent behaviors could be classified as sex offender offenses and could get you in trouble with the justice system.
For example, say you are intoxicated and decide to urinate on the side of the road. You could face Indecent Exposure charges upon arrest and possibly end up on the sex offender registry.
Even high school kids engaging in consensual sex can be charged with a sex offense and may find themselves required to register on the sex offender registry for engaging in sex with a minor.
Other actions that can get you, your family members, or those you know in trouble include:
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- Swimming naked;
- Having sex in a vehicle or a park;
- Watching child pornography, even when you may not be in a position to know that the persons on the sexual content are minors, among others.
Is There Hope for Registered Sex Offenders?
The laws on registry are constantly evolving. Most recently, on March 24, 2021, a new law in Michigan went into effect that removed some of the requirements of the Michigan sex offender registry (see Sex Offenders Registration Act, MCL 28.721et seq).
First, the new law eliminates the “school exclusion zones.” Under the new law, it is no longer a crime for registrants to live, work, or “loiter” within 1,000 feet of a school (parole, probation, and similar restrictions can still apply). Registrants can even now, under state law, go to their children’s events at school, although schools can make their own policies.
Second, the new law makes clear that no one can be prosecuted for an unintentional or mistaken violation of SORA. Under the new law, the prosecution must prove that the violation was “willful” before convicting someone of violating SORA. This could help if you are prosecuted for violating a part of SORA you do not understand.
Third, the new law removes from the registry certain people whose offense is later expunged or set aside, or who successfully complete a term of supervision under the Holmes Youthful Trainee Act.
Closing Argument
There is hope for sex offenders who have to register on the sex offender registry. However the best approach is not having to become a registered sex offender in the first place.
With that said, the moment you are being investigated or charged with a sex crime, you should immediately engage a skilled defense attorney who focuses on sexual assault cases. This is because when a person is charged with a sexual assault charge, getting out of having to register on the sex offender registry can be a pretty complicated request.
A skilled defense attorney who focuses on sex crimes can determine if you fit into one of the ways of getting off of the sex offender registration list early.
Nicole Blank Becker is an attorney with Blank Law, PC in Troy, MI. She can be reached at: https://nicoleblankbecker.com/
11 Comments
Thanks for writing about the registration unjustice. One of my relatives finds jobs and gets fired because of his scarlet letter. How are these offenders suppossed to make a living? It is beyond cruel.
He already served his sentence, lost his law license but can’t work anywhere.
A small beginning is to stop using language that incites the negative feelings, like “offend-ER” (which implies all with the label are still out there “offending.”)
I prefer “Person Forced to Register,” “registered person” or “registrant.” Or just plain person when it is unnecessary to use a label at all.
Well, here is the proof that even the worst of the worst can be rehabilitated, just like most people on the registry.
I was 16 years old and charged with a sex crime as an adult. I agree my crime deserved some degree of attention but as a developing young adult, the prison sentence that has still not ended because of the stigma surrounding the registry, the never to be forgiven or rehabilitated feeling that grows deep inside a young person’s identity is in my opinion, a very real day to day understanding that I’ll never be accepted or forgiven for something that happened so long ago. I’m constantly held to that young man’s decision. I cannot rent an apartment I can’t get a meaningful job. Every place I’ve lived or worked I’ve been reminded of my past. I’ve been burned out of my homes twice and ran out by a neighbor because the my address on the registry next to his brought down his home value. To say that it’s not cruel and unusual is surely coming from someone who has not experienced or understood the full weight of the registry
Yes, the Sex offender Registry is unfair. There isn’t another group of crimes that is required to register their crimes for the public to see. Murders, robbers, car jackers, thieves, Domestic Abusers, Alcoholics, Drug Addicts and more, are not required to put their name on a list. I, at 15 years old because of my states laws, was charged as an adult and I am now required to register for the rest of my remaining life. Something that I did as a teenager, yes it was wrong and I regret that it happened, will now hang over my head for the rest of my life. For the public to see and judge me because they see that list and don’t know the whole story behind what someone did or didn’t do. I wish that there was a way to be able to get off the list, so that I could live my life normally, but even being off the list, my life will never be normal.
After almost 18 years in prison, that was my life. I do not want to go back nor will I go back, but I can’t get back those years of not being able to see my siblings grow up with me, seeing those that passed away while I was still incarcerated, not being able to go to weddings, family events, graduations, and more, along with completing high school and maybe even becoming a great bowler. So my life will never be normal, but getting off that list, would give me some normalcy of my life back. I wouldn’t have to worry about people looking on that data base and seeing my name, especially neighbors or people I might work with. Hopefully one day, I am able to remove myself from that list and not always carry that label, or have to worry about checking in or be mindful of other changes that might effect me.
Yes, im challenging the law now, the sheriff puts dirt all over me even uses the media. Im asking to be removed from the registry. They dont even want you to work an they warn neighbors and your work place. They know me wherever i go even to stores because of predator alerts. This is unheard of after twenty seven years in prison. They dont want women around me either
Here are the scientific facts, even a recent study done by the Department of Justice:
The recidivism rate for sex-offenders is less than 5%.
Less than 1% of all sex offenses done to children are done by a stranger.
More than 97% of all sex offenses come from people NOT on the registry!
The sex offender registry does not prevent crime or protect anyone.
People are sex offenders BEFORE they are caught-the registry is an after-the-fact publication.
People need to educate their children first to tell them about anyone who touches them inappropiately, because almost all sex offenses come from relatives, teachers, doctors, clergy, gym coaches, and now even law enforcement officers and people in criminal investigative offices.
Predatory rapists of children need to go to prison for life so that they cannot do that ever again. As for the rest, they are to be punished for their crimes, serve their time and then be free of government intervention. Government-sponsored shaming via the internet using terms like sex offender and pedophile is cruel and unusual punishment, especially when such labels are not true. Currently, judges have not as a whole been able to understand how these laws truly affect the lives of those they control. It is a social, professional and financial death sentence that lasts for the rest of their lives. Never again can they work, move about in society, date, engage in healthy relationships or participate in their community. As a result of government action, they are unfairly branded and banished from their communities. It affects every part of the offenders lives, making the pursuit of life, liberty and happiness an impossiblity. Judges have yet to adequately grasp this. So far, the majority of judges believe that the State is within their right to treat people in this way, that it doesn’t violate any laws and that the State’s professed but innaccurate protestation that they are protecting children allows them to deny a group of people their Constitutional rights, turning the Constitutional into a conditional document the application of which is denied certain citizens who are universally hated over all others. Unfortunately the United States has a history of refusing to apply the Constitution to certain groups of people the State deems as unworthy.
All the registry does is remind you of the crime you committed or didn’t commit and were forced to accept a plea agreement for less time in jail and probation. This needs to be removed so that those who are registered can begin to live their lives free of constantly being reminded of their past. This only causes a person to become overly depressed and at times suicidal. Something needs to be done immediately. Not only is the person registered affected but also their families and loved ones. This is inhumane and needs to be stopped. Jesus didn’t die for some sinners, He died for all sinners. Whether you believe in Jesus or not, we can all agree that this is registry is not justice .
La verdad es dura, pero lo primero que tenemos que ver es que los crímenes deben ser pagos con sanciones justas, si es que un sistema de justicia se declara educativo y no coercitivo como estamos viendo en los Estados Unidos, esto es lo primero a analizar (crimen en ley común que no no es la ley federal, y mucho menos la supuesta ley común federal puesto que crimen se reduce a ” daño a persona o la propiedad de una persona”eso es crimen en una forma clara y explícita, la verdad desde los judíos y sus radicales leyes viene está máxima de ley, pero es muy duro que por solo ser adicto a la pornografía y en algún momento haberla usado como entretenimiento nocturno en lo que se supone es la privacidad de tu casa donde se supone que las actas de privacidad en las comunicaciones LEY FEDERAL junto con la CONSTITUCION DE LOS EUA y sus afirmaciones en el acta para los derechos humanos que dice que : Ante LOS OJOS DE DIOS todos los hombres somos vistos con iguales derechos, que existen derechos inalienables como son el derecho a la VIDA, a la LIBERTAD y el derecho a la búsqueda de la FELICIDAD a la cual cualquier persona con un poco de lógica podría agregarle: sin que se afecte LA VIDA O LA PROPIEDAD DE SEGUNDAS O TERCERAS PERSONAS para que se le de el valor ala ley común como la ley de la tierra o lo que todos conocemos como la ley de nuestro creador DIOS JEOVA. Llevo en la calle solo 2 meses y desde el primer día que me presenté al oficial federal de probatoria soy un Homeless e hecho todas las gestiones que humanamente se pueden hacer y solo he encontrado negativas y total oposición lo primero es retomando mi vida legal puesto que pienso si son los federales que tienen todas herramientas legales u o jurídicas y son los que te ponen en prisión bajo argumentos en los cuales solo ellos los apoyan al 100% y tu te conviertes en enemigo púbico #1, hoy es la segunda ves que me registro como depredador sexual en una sentencia d 7años y medio por los cuales pague 7 y me soltaron por buena conducta en los que viví viendo como los verdaderos violadores de niños enviaban y recibían correos electrónicos y se les asignaba sentencias por cooperación de menos de 15 años a un violador múltiple de niños y a mi me sentencian a 7años y medio como si hubiese violado a 2 niños y nunca tuve acceso a e-mail ni a ningun sistema de comunicación más allá del verbal y ahora que salgo me encuentro que no puedo tener acceso a internet, un derecho humano, no puedo terminar mi escuela de aires acondicionados para adultos que solo me faltan 3 meses porque en la escuela de adultos hay un daycare para los padres que están estudiando en el lugar otras materias pues yo tengo una restricion en la que no puedo estás a menos de 2500 pies de distancias de ningún lugar público dónde se agrupen menores de 18años osea, kinders, escuelas, parques etc. Imagínense cuando en el lugar que resido y en la mayoría de los lugares que conozco la población y los negocios de infantes son una ya dicha obligación pública osea es mejor que me valla a vivir con los oso sen Alaska pues ya llevo 2 meses durmiendo en el suelo buscando trabajo pues tengo experiencia de más de 5 años trabajando los sistemas de aire acondicionados residenciales, sistemas de calefacción eléctrica, y algunos sistemas comerciales de refrigeración que incluyen coolers y máquinas de hacer hielo, pero nadie me da trabajo pues ahora no tengo ID y por otro lado con mi felenoa que nos ninguna felonia pero así han enseñado los federales que se llama incluso a los sicólogos que de muy buena gana apoyan al feudo federal el hábito de ver pornografía que también incluy’o por corto tiempo pornografía infantil esto se llama pornofilia pero ahora le pusieron para demonisarlo el mismo nombre que el que se les da a los que graban fotos y videos teniendo sexo con menores sea este consentido o no. Tengo mucho más que hablar pero tengo que irme a dormir como un niño bueno que van a ser las 10 y todos saben lo que pasa si no estoy en el lugar después de ese tiempo si alguien tiene mejor opción para mí inclusive abogados que defiendan derechos siviles estoy dispuesto a trabajar con ellos y si alguien se me quiere unir mejor sería pues los homosexuales ganaron su batalla por qué ellos se unieron, nosotros los que somos inocentes de crímenes sexuales osea los que no le hemos puesto un dedo a los menores y fuimos sentenciados y después que pagamos nuestra sentencia seguimos pagando una segunda sentencia también nos merecemos esa libertad.
Right nos in ENGLISH
The truth is hard, but the first thing we have to see is that crimes must be paid with fair sanctions, if a justice system is declared educational and not coercive as we are seeing in the United States, this is the first thing to analyze (crime in common law that is not federal law, much less the supposed federal common law since crime is reduced to “harm to person or property of a person” that is crime in a clear and explicit way, the truth This maxim of law comes from the Jews and their radical laws, but it is very hard that just by being addicted to pornography and at some point having used it as nightly entertainment in what is supposed to be the privacy of your home where the privacy acts in communications FEDERAL LAW together with the US CONSTITUTION and its affirmations in the human rights act that says that: Before THE EYES OF GOD all men are seen with equal rights, that there are inalienable rights such as right to LIFE, to LIBERTY and the right to search for HAPPINESS to which any person with a bit of logic could add: without affecting THE LIFE OR PROPERTY OF SECOND OR THIRD PEOPLE to be given the value wing common law as the law of the land or what we all know as the law of our creator GOD JEOVA. I have only been on the street for 2 months and from the first day I presented myself to the federal probation officer I am a Homeless and I have done all the steps that can humanly be done and I have only found refusals and total opposition the first thing is to resume my legal life since I wonder if they are the feds who have all legal or legal tools and are the ones who put you in prison under arguments in which only they support them 100% and you become public enemy #1, today is the second time I register as a sexual predator in a sentence of 7 and a half years for which I paid 7 and they released me for good behavior in which I lived watching how the real child rapists sent and received emails and were assigned sentences for cooperation of less than 15 years to a multiple rapist of children and I am sentenced to 7 and a half years as if I had raped 2 children and I never had access to e-mail or any communication system beyond verbal and now that I’m out I find that I can’t have access to Internet, a human right, I cannot finish my air conditioning school for adults, I only have 3 months left because in the adult school there is a daycare for parents who are studying other subjects in the place because I have a restriction in which I can’t you are less than 2500 feet away from any public place where people under 18 years of age gather, that is, kindergartens, schools, parks, etc. Imagine when in the place that I live and in most of the places that I know the population and the businesses of infants are already said public obligation, that is, it is better that I go to live with the bears in Alaska because I have been sleeping in the park for 2 months now. I am looking for a job because I have more than 5 years of experience working in residential air conditioning systems, electric heating systems, and some commercial refrigeration systems that include coolers and ice makers, but nobody gives me a job because now I don’t have an ID and on the other hand with my felenoa that we are not a felony but that is how the feds have taught that even psychologists who very willingly support the federal feud are called the habit of viewing pornography that also included child pornography for a short time this is called pornophilia but now they put the same name to demonize him as the one given to those who record photos and videos having sex with minors, whether they are consented to or not. I have a lot more to talk about but I have to go to sleep like a good child it’s going to be 10 o’clock and everyone knows what happens if I’m not in the place after that time if someone has a better option for me including lawyers who defend civil rights I am willing to work with them and if someone wants to join me, it would be better because homosexuals won their battle, why did they join, we who are innocent of sexual crimes, that is, those of us who have not laid a finger on minors and were sentenced and after we pay our sentence we continue to pay a second sentence we also deserve that freedom.