This is a very difficult task, since it involves not only crime prevention but also risk detection and systems cohesion. One way this challenge might be approached is through increased reporting requirements. Too often, alleged abuse in schools or daycare centers goes un-reported and the accused teacher is simply let go from his job. He is then likely to go to another school and be re-hired there, effectively placing a whole new set of students at risk. The Student Protection Act was introduced in the Senate in 2007. If passed, the Act would create mandatory standards for reporting incidents of sexual misconduct, and would develop a nationwide database to house that information. When a school was conducting a job search, for example, it could quickly learn whether or not a candidate had ever been sanctioned for committed sexual acts against children. This bill has not yet passed.
Another proposed reform has predictably come following another horrific case. In this instance, 17-year-old Chelsea King was raped and murdered. Her killer was a convicted sex offender who had escaped detection by all the existing measures in place. Chelsea's Law, now proposed in the California state legislature, would intensify sentencing for sex offenders, by allowing prosecutors to pursue a life sentence without parole for certain violent sex crimes committed against minors. For offenders who had attacked a child younger than 14, sentences would include a lifetime of parole including GPS monitoring. Finally, Chelsea's Law would prohibit sex offenders from even visiting public places where children congregate, like parks.
Controversy
If current laws that convict and punish sex offenders are so weak as to allow cases like the Chelsea King murder to occur, why would there be any controversy surrounding efforts to create more stringent laws? The primary source of disagreement...
They also point out that "there is no proof that longer sentences and parole terms are effective," (Shih, 2010) and that even if laws are passed there is likely not enough
money in state budgets to implement new regulations effectively. Examples of loopholes in existing laws are abundant, and
law enforcement officials are reluctant to commit to new laws when they find themselves already stretched to abide by existing requirements.
These arguments are ultimately unpersuasive. Imagine if we waited for full effectiveness of laws already on the books before tightening sentencing or seeking to close loopholes. The
safety of the nation's children has to be of paramount importance and reducing risks from sex offenders is both bipartisan and publicly supported. Civil liberties are, yes, important, but when it comes to sex offenders there seems to be little room for
debate. The risks far outweigh any other considerations.
Conclusion
Laws that seek to close loopholes in existing laws and create new, more stringent laws, should be passed. Sex offenders should be more aggressively pursued when they are free citizens. Once they are arrested, they should be more aggressively detained, and held behind bars for as long as possible. Once they are released, they should be more aggressively tracked through registries and publicly-accessible websites. Proposed reforms including the Student Protection Act and Chelsea's Law are steps in the right direction.
References
National Center for Missing and Exploited Children (2007). The Frontline. Office of
Juvenile Justice and Delinquency Prevention: Washington, DC.
Sex Offenders:
History. Available at: http://www.missingkids.com/missingkids/
Shih, Gerry (2010). After Another Murder, Another Proposed Law. The New York Times
April 13th.
