Megan\'s Law Is the Common

Megan's Law is the common name of the law passed in 1996 which is intended to authorize local law enforcement agencies to "…notify the public about convicted sex offenders living, working or visiting their communities" (Montaldo). In legal terms Megan's Law is an amendment to the Jacob Wetterling Crimes Against Children's Act. In practice the law requires that every state must develop and implement processes which will facilitate public notification when a sex offender is released into the community (Montaldo). The law derives its name from the rape and murder of seven-tear old Megan Kanka, who was kidnapped by Jesse Timmendequas, a repeat violent sexual offender. (Megan's Law Website: History of the Law and Federal Facts)

The law has two central components or aspects. The first refers to the requirement that the various states register offenders who commit sexual crimes against children. The reasons given for the implementation of this law is that it has been found that sex offenders in this category often commit similar crimes after being released from jail. This is also a central argument for the continuation of this law and a point used to counter suggestions that the law goes against the individual sexual offender's rights after they have served their time in prison.

Furthermore, Megan's Law also allows for sex offender community notification ( Megan's Law, Sex Offenders Nationwide) This simply means that the states are required to make information about sexual offenders freely available to the public. This law also allows for the following important aspects.

To assist law enforcement in investigations;

Establishes legal grounds to hold known sex offenders;

Deters sex offenders from committing new sex offenses;

Offers citizens information they can use to protect children from Registered Sex Offenders, child molesters and victimization

(Megan's Law, Sex Offenders Nationwide)

Another important aspect which also relates to the issue of individual rights is that the law in question also requires those individuals convicted of sex crimes against children to notify local law enforcement of any change of address or employment after release from jail. This can range from fixed periods of time to a permanent requirement. (Megan's Law Website: History of the Law and Federal Facts)

The requirements of this law raise a number of important issues relating to human rights and privacy. These include the important issue of whether the sex offender should be further persecuted after he has served his sentence and paid his debt to society. One point-of-view is that these crimes are considered by many to be of such a heinous and damaging nature that normal human rights are not applicable to these offenses and that they should continually monitored and be recognizable by the public to prevent further crimes. In other words, while the sex offender has in theory the same right as other criminals who have paid their debt to society to be free of prejudice and harassment, it is felt by many pundits that these offenders constitute a special category and that the nature of their crimes requires greater surveillance and tracking after release from custody.

This point-of-view is supported by the finding that many sexual offenders often repeat their crimes even after lengthy periods of incarceration. Therefore, the central argument given in many studies for the existence and continuation of this law, especially against children, is that it goes the very moral and ethical heart of contemporary society. This point-of-view is clearly expressed in the following assessment of the significance of these crimes.

Sexual assault is a crime that strikes at the very core of the human spirit. In the wake of sexual violence are scarred victims, shattered lives, disrupted families and frightened communities. Media accounts of previously convicted sex offenders committing new violent sexual assaults have become commonplace.

(Megan's Law Website: History of the Law and Federal Facts)

On the other hand, rights activists and organizations point out that the sexual offender is treated unfairly in a legal sense. As one study on the subject notes, the sexual offender registry is a "… double punishment of sex criminals and is applicable to too many offenses. For example, depending on the area, "sex offenders" can also include those guilty of streaking, burglary, surveillance, and kidnapping" (Does the Sex Offender Registry Offend Justice?).

This view is also supported by groups like Human Rights Watch. They posit the view that while the seriousness of these types of crimes are appreciated, there are a number of variables that have to be taken into account in applying a law like Megan's Law. These include aspects such as the fact that many people are categorized as sexual offenders for relatively minor crimes, and may not in fact pose a continuing threat to society. This has led to the following view; " Unfortunately, our research reveals that sex offender registration, community notification, and residency restriction laws are ill-considered, poorly crafted, and may cause more harm than good" (Major Human Rights Watch report about sex offender sanctions, 2007). Studies also point out that in reality the law infringes basic human rights and many offenders who pose no threat to society are often harassed and even violently attacked. (Major Human Rights Watch report about sex offender sanctions, 2007)

In the final analysis the above argument suggests two central aspects that should be focused on when critically assessing Megan's Law. The first is the view that sexual offences, especially against children, are offences against the very ethical and moral structures of civilized society and are therefore seen in a very serious light. This is also related to the view that the nature of these crimes can lead to negative psychological repercussions in later in life. Therefore, the importance of Megan's law lies in the desire to protect the most innocent and vulnerable in society and is therefore justified on these grounds to a great extent.