Serena Manfredy
Probation & Parole
Research Paper: Supervision of Sex Offenders

Sex offenders are a highly diverse group of people, but all are individuals who have at least one of the following crimes in common: have committed violent sexual assault on a stranger, have had inappropriate sexual contact with a family member, have molested a child or any other inappropriate and criminal sexual behavior. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crimes of a sexual nature. Some of the crimes which usually result in a mandatory sex-offender classification are sexual assault, statutory rape, rape, sexual harassment, prostitution, and pedophilia. Currently, in the United States there are a total of 722, 499 individuals who are registered sex offenders, some of these individuals being juveniles. However, this number does not include offenses that have not been reported. Research shows that a lot of cases go unreported which can deem inaccurate numbers regarding the amount of sex offenders. Victims of sexual offenses often feel a plethora of negative feelings following the crime, including guilt, and this can account for some of the underreporting. There are subcategory designations sex offenders can fall into that classify them into levels depending on the severity of the crime. They are then registered and put under special conditions they must abide by for a fixed amount of years. When convicted of a registerable offense, before being released back into the community, a sex offender is required to register with the Division of Criminal Justice Services. In order to determine risk level and duration of registration, a hearing is held by the sentencing court. After examining the facts, the use of force, weapons, alcohol or drugs in the crime is taken into account. The age, mental capacity, and relationship to the victim is also examined as well as the assault or injury done to the victim in determining the offender’s risk level. The risk level is based on the courts assessment regarding whether a particular offender is likely to repeat the same or similar registerable offense and the danger the offender poses to the community. The risk level reflects factors unique to a particular sex offender, so offenders convicted of the same offense may receive different risk levels. The court may assign a level one (low risk of repeat offense), a level two (moderate risk of repeat offense), or a level three (high risk of repeat offense and a threat to public safety).

Risk Level 1 offenders present the lowest possible risk to the community and their likelihood to re-offend is considered minimal. They normally have not exhibited predatory type characteristics and most have successfully participated or are participating in approved treatment programs. Many are first time offenders. The majority of Level 1 offenders are registered for sex/kidnapping offenses. They usually know, live with, or are related to their victims. This offender is usually given the designation of sexually violent.

Level 2 sex offenders present a moderate risk to the community and they have a higher likelihood of re-offending than level 1 sex offenders. They are considered an increased risk to reoffend because of the nature of their previous crimes and lifestyle which often includes drug and alcohol abuse and other criminal activity. They may have more than one victim and the abuse may be long term. These offenders usually groom their victims and may use threats to commit their crimes. These crimes may be predatory with the offender using a position of trust to commit their crimes. Typically these individuals are given the designation of a sexual predator. Level 3 offenders pose a potential high risk to the community and are a threat to reoffend if provided the opportunity. Most have prior sex crime convictions as well as other criminal convictions. Their lifestyles and choices place them in this classification. Some have predatory characteristics and may seek out victims. Generally they have refused or failed to complete approved treatment programs. They usually have one or more victims. They may not know their victims. The crime may show a manifest cruelty to the victims and these offenders usually deny or minimize the crime. These offenders commonly have clear indications of a personality or mental disorder that causes them to act out. This offender is usually given the predicate sex offender designation.

Coupled with risk level, designation given to the offender by the court determines the duration the individual must register for. These three designations are sexual predator, sexually violent, or a predicate sex offender. A sexual predator is an offender who has been convicted of a sexually violent offense and suffers from a mental abnormality or personality disorder that engages them in predatory offenses. Similar to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners. People who commit sex crimes, such as rape or child sexual abuse, are commonly referred to as sexual predators. Many sexual predators attack only a particular type of victim, such as children of a certain age, sex or race. Sexual predators are usually friendly, self-assured individuals who target their victims carefully, rather than choosing at random. People who habitually engage in Internet discussions of a sexual nature with minors are considered sexual predators. Aside from trying to lure children into offline meetings, predators are also on the lookout for photos or conversations of a sexual nature. They

also use children to secure information they can use later for other attacks, such as the best way to get into a school's dormitory or whether a group of kids often plays outside without adult supervision. Sexual predators often get attached to their victims. Attachment often results in cyber stalking or harassment, when the predator constantly contacts the victim to ask for sexual favors, which can be anything from posing naked on camera to meeting for sex, and threatening death or injury to the victim or her family if she doesn't comply. If the response is not acceptable, the criminal usually starts contacting friends, posting photos of the victim online and giving away her phone number, making phone calls and making direct threats. A predicate sex offender is similar to a predatory sex offender, the difference being that a predicate sex offender is a sex offender who has been convicted of a sex offense when there is a previous conviction of a sex offense in their history.

A sexually violent offender has committed a sex act that against someone's will. These of

offenses include nonconsensual sex act (rape), an attempted nonconsensual sex act, abusive

sexual contact (wanted touching), and non-contact sexual abuse (threatened sexual violence,

exhibitionism, verbal sexual harassment Abusive sexual contact is defined as intentional

touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh,

or buttocks of any person without his or her consent, or of a person who is unable to consent or

refuse.Non-contact sexual abuse does not include physical contact of a sexual nature between the

perpetrator and the victim. It includes acts such as intentional exposure of an individual to

exhibitionism, unwanted exposure to pornography, verbal or behavioral sexual harassment,

threats of sexual violence to accomplish some other end, or taking nude photographs of a sexual

nature of another person without his or her consent or knowledge, or of a person who is unable to

consent or refuse.

Sex offending can begin in juvenile years. Nearly all juvenile sexual offenders are a mix

of young males ages 13-17, most likely to victimize females. Adolescent sex offence recidivism

is approximately 5-14%, most age out of the unwanted behavior. There are many signs showing

the child may become a sexual offender. For instance the child may minimize the impact of

inappropriate behavior on others or ignoring or missing social cues of others sexual boundaries.

They may have a preference for socializing with younger children rather than peer their own age.

Sexual exploration with a younger child also may occur. There are two major types of juvenile

sexual offenders: those who target children, and those who target adults and peers. Exposure to

pornography and substance abuse are noted to be predisposing factors, however, they are likely

to be classified as disinhibitors. They may have experienced physical and/or sexual

abuse as a child. As soon as impulsive or compulsive sexually deviant behavior is noticed,

treatment must be given immediately to have a full effect and a larger chance of success. The

most important goal is recidivism, helping the patient gain control over their behavior. Treatment

for juveniles differs from treatment for adults in that treatment for juveniles must be

developmentally sensitive to the needs of the juvenile because unlike adults, juvenile offenders

are in a state of physical, emotional and social development depending on the age. The National

Adolescent Perpetrator Network is a cooperative network of professionals working with juvenile

sex offenders who are at risk at becoming next generation sex offenders.

Megan's law is a law which now federally requires convicted sex offenders to register

with a public database whenever they change residences in a state in which the law applies to

their convictions. This law was put into effect after the violent rape and murder of a little girl

named Megan. It was a normal summer day at Megan's home in Hamilton, New Jersey. After

having dinner with her family Megan went outside to play with her friends across the street like

she normally did. Across the street from Megan's house lived a twice-convicted sex offender

named Jesse Timmendaquas. When Megan wondered away from her friends, Timmendaquas

bribed Megan to come into his house with a puppy. Once Megan was in the house Timmendeuas

strangled her with a belt, then began to violently rape and murder her. After he was done doing

this horrible act of violence he stuck her body in a toy box and left her there to die alone. After

hearing the police were inspecting the neighborhood with dogs, he washed the box and his steps

with ammonia. When he found out everyone in the neighborhood was looking for little seven-

year old Megan he had the audacity to help distribute flyers about the missing little girl. After

days of looking, the police arrested Timmendequas for the murder of Megan. Shortly after in

Janurary 1996 Megans Law was passed, establishing a sex offender registry. This law was

enacted to assist law enforcement agencies in keeping track of sexual offenders and to protect the

community.

In New York, the NYS Sex Offender Registration Act (SORA) was established within the New York State Division of Criminal Justice Services when Megans Law was enacted in 1996. SORA requires the registration of individuals convicted in New York State of certain sex offenses as well as the registration of those individuals convicted in another jurisdiction if the offense is equivalent to a New York State registerable sex offense. Individuals convicted of one or more registerable offenses on or after the effective date of SORA must register with the Division. Additionally, any person convicted of a registerable offense who was incarcerated or under parole or probation supervision on January 21, 1996 is required to be registered.