The Arizona Sex Offender Information website is a creepy reminder that sex offenders are always nearby. The website allows anyone to search for registered sex offenders, using a variety of constraints. Interested in finding a sex offender near your house? Piece of cake. Want to know how many sex offenders are in ASU’s zip code? 14. Want to know whether or not any of them are a serious threat? Not quite so easy.
Sex offender registries have become well known tools since the Adam Walsh Child Protection and Safety Act was signed into law by former President George W. Bush in July 2006. The act was named for Adam Walsh, a 6-year-old boy abducted from a Florida mall and later murdered, and created a national registry and required each state to create a registry. Any convicted offender can be found on both lists, making it possible to locate offenders, find mug shots, read up on physical characteristics and get a blurb about what kind of crime was committed.
On the surface, the subsequent creation of registries seems like an important act of legislation with the interest of children in mind. But the registry is dangerous because it doesn’t do a good enough job of discerning between the most dangerous offenders, those who’ve committed despicable sexual acts with children, and the less dangerous offenders. Among the least dangerous offenders are the “sexters,” people who sent explicit pictures of themselves or others, via text message. Also on the lesser side of the spectrum are those who had consensual sex with a minor who was a few years younger than themselves (think high school sophomore girl with college sophomore dude), and those who’ve engaged in unacceptable acts like incest.
A recent article on ESPN.com documented the story of Tony Washington, a former all-American lineman at Abilene Christian University who, at age 16, was convicted of having consensual sex with his 15-year-old sister. Now Tony Washington is a registered sex offender. Both parties maintain that it was consensual, and that it only happened twice. Nonetheless, as a result of a mistaken prostitution bust, Washington’s sister was arrested and questioned about her childhood. She revealed that she had sex with Tony, albeit consensually, and Tony was convicted of incest. What Tony did with his sister was despicable, and just plain gross. But, it was in no way a threat to the general public. Tony was not, and is not, a predator. He and his sister made a conscious decision to engage in incest. Most everyone would agree that what they did was wrong, but are they deserving of public humiliation? Is Tony a threat serius to the general public? The typical story ensues: guy finds football, goes to college and get over his sad past. The problem for Tony, though, is that the National Football League won’t touch his embarrassing rap sheet. Taking on a player with Tony’s baggage, even though his crime was non-violent, would simply be too dangerous for a professional club. And this is exactly the problem with sex offender registry reform. NFL owners know that hiring an NFL player would be to appear soft on sex offenders, and that’s just bad politics. And, politicians, who are ever-seeking reelection, know that appearing soft on sex offenders is not going to help anyone stay in power. After all, who wants sex offenders lurking at every corner, near every crosswalk and in every shopping mall?
But it’s simply unfair to lump people like Tony Washington or Jorge Canal, the 18-year-old registered offender in Iowa who texted an explicit picture of himself to his 14-year-old girlfriend, or Phillip Alpert, the registered 18-year-old who e-mailed a naked picture of his 16-year-old girlfriend, in with the serious offenders who should be seriously monitored. In fact, it only detracts from the focus placed on the most serious offenders. It is unfortunate that non-violent offenders should face the type of humiliation that is associated with being a registered sex offender, but it is equally unfortunate that those in power are unwilling to make the most rational choices in the face of such difficult public safety issues.
E-mail Ben at bnegley@asu.edu
