It appears an appropriate time to bring up the topic of sex offender labels and the sex offender registration, sex offender treatment costs, supervision costs, and potential incarceration that appears to be a one-size-fits-all fiasco for now. I always refer to the 3-part pie chart for almost any population; one third of these people we will never see again because their offense was an egregious error in judgment or a lack of knowledge. Another third of the population sits of that fence of having or not having the ability to accept and incorporate significant changes in their behavior. The last third of this population cannot change their behavior because it is who they are. I will provide examples of all three types of offenders if you choose to read on. The main topic is to consider what the “sex offender” label and subsequent sex offender registration really entails.

Based on my probation and prison psychologist positions, I’ve seen too many people inappropriately labeled, and I’ve seen too many people released who will victimize again. I provided treatment to one male convicted of two sex offenses towards persons younger than age 10 and he now verbalizes homicidal ideation upon release “just to see how it feels to see the life leave their eyes.” I am also working with a client who will be released in only 6 years and he is incarcerated for more than one violent rape… AND, he has sexually aggressive infractions while incarcerated that are 4 pages of printed paper. Let that sink in… Then, there was the young man whose offense occurred when he was under age 20 and was involved in a consensual relationship for quite some time with a seemingly appropriately aged female. He was charged and convicted after the state removed the female from her mother’s custody. It was only then that he knew of her true age although she looked and behaved more closely to his age at the time. This young man suffered great depression as a result of incarceration and will be labeled as a “sex offender” for much of his adult life upon release from prison. We will never again see this young man in a courtroom, IF he is able to find employment, avoid violating the overly punishing sex offender registration requirements, afford sex offender treatment, and post-release supervision costs. There are so many people registering for far too long based on an offense where an overkill conviction and sentence was handed down. The other side of the coin includes individuals who are being released far too soon or were not convicted because they could finance the best attorney, were well connected in the community, maintained high level employment, were highly intelligent, and were persuasive to a judge and jury. This is a fixable problem with some measurable data from high quality tests via psychological assessment. Increased risk/needs intelligence, and personality assessment could be strongly helpful in decision-making processes for attorneys, their clients, and for judges.

The link below refers to the misuse of sex offender registries, which is now under review in some states. It has become far too punitive for persons who succeed in treatment or made a genuine error in judgment. By “error in judgment”, I am referring to persons of lower intelligence who are able to learn to better read social skills and avoid further encounters with law enforcement over inappropriate sexual behavior. I am also referring to young persons who are unaware of laws specific to intoxication or simply do not make appropriate choices with inadequate information.

I recently received a referral from an attorney for a parent whose child had been involved in an alleged sexual offense. Court requirements included a psychological evaluation as quilt versus innocence was questionable. Upon conversing with one parent, a strong reaction to the fee schedule occurred despite its being the national average for psychological assessment. My strongest words to that parent was that the goal is to avoid, at all costs, keeping a “sex offender” label away from their child in this process, which is worth every penny, if he is truly innocent. The most important message is to expect the price tag because it’s worth it in most cases to avoid that label. If we won’t see them ever again in a courtroom as an offender, let’s get that label off the table with solid data and treatment. 

My goal for clients, attorneys, and judges, is to keep these labels off of young or inexperienced males who we truly will never see again. Conversely, if guilt is clear, I want to use assessment for more fair sentencing. If we may or may not see them again, let’s use assessment to measure the likelihood of re-offending, appropriately monitor them for a fair period of time, and get them the help they need. Although it may not be in the best interest of some clients, if a person cannot be helped, public safety takes precedence and sentencing, labeling, and registering should proceed accordingly. I will work diligently towards the appropriate outcome. Again, think about the 3-part pie chart in assessing judgments for these persons.

I refer to “person” because females are also not appropriately sentenced. I’m hearing “leniency” is the trend for now in this area. That said, my colleague assessed and treated some very psychopathic women in the federal prison system. From the local scuttle, I’m gathering that the female offenders are viewed through a very maternal or “southern female” perspective and are sentenced more lightly than is appropriate. Females are generally considered caregivers and that perception is difficult to overcome. Yet, they are capable of heinous acts towards the youngest of children, including infants. Yes, I correctly and carefully worded that sentence to include infants.

Regardless of if an offender is incarcerated or not, what they face after the fact is largely unknown to the general public. They are, typically and above all, required to register as a sex offender for a period of time, some of which includes “lifetime”. Either upon release from incarceration or after a conviction requiring probation or parole supervision, they first must find a residence that complies with their court judgment and their sex offender status. Then, they must pay monthly supervision costs along with sex offender treatment and assessment, the latter of which typically lasts 12-18 months dependent on their progress. Probation/parole supervision fees are paid for however long the offender remains under supervision. Along with complying with these requirements, this person with this “sex offender” label has to find a job, which is exponentially more difficult than a person with little to no criminal history. The label alone stops most applications at the moment the potential employer sees the conviction. And, they gotta eat… I have also encountered sex offenders who had completed their period of incarceration or supervision long ago and were actually called back into court to determine the need for GPS-based monitoring. The case and completion of supervision were seven years old…

The link for the sex offender registration article specifically includes: “Nessel also pointed out that public accessibility of the registry has led to shaming, ostracizing, and even bullying of registrants and their families. Because the registry now allows the public to submit tips on the registry website, the public is essentially encouraged to act as vigilantes, opening the possibility for classmates, work colleagues and community members to be vindictive and retaliatory.” How do you think this affects the first or second parts of the sex offender population as described above? The ones who could not avoid the conviction and did benefit from treatment? This is their lifelong reality.

Ideally, if a judge or attorney suspects that the “sex offender” label needs to be avoided at all costs, send them to a psychologist before a court hearing. The process, if potentially completed prior to sentencing, would include a full evaluation of 6 hours with 5 high quality assessment measures, a thorough clinical interview, a complete report, and then family and/or individual treatment or therapy. If that person is guilty but does not need the book thrown at them, same process with recommendations that are appropriate and avoidant of excessive consequences, i.e. shorter probation term and shorter registration if it’s required, and dependent on what the law requires per the charge. 

In closing, you may be thinking, “Eh, they’re all guilty!” Maybe, probably, absolutely, and even maybe not. I would implore you to consider only the first two parts of the pie chart. Do you really want to continue paying for their prison meals, dentistry that may be better than your own, all medical treatment, and other costs associated with unnecessary incarceration? Many of the men whom I have worked with want to simply find somewhere to live and a place to work. They are not concerned with the job they are given. They only want to survive. That is a genuine and realistic picture of the average sex offender, regardless of guilt. Feel free to contact me if you have questions or would like to consult!