RUNNING HEAD: Literature Review 1

Literature Review: Sex Offender Regulations

Recently, I listened to a true crime podcast by APM Reports called “In the Dark”. This

particular podcast focuses on the disappearance and death of Jacob Wetterling. The event took

place in central Minnesota, in 1989. Jacob, along with his best friend and little brother, was on

his way home from a small convenience store, in the late evening, when they were stopped by a

mysterious man. They were cornered on a dead end road that was not too far from the Wetterling

home. The man asked the boys how old they were. Upon hearing their answers, the mysterious

man told Jacob’s little brother and best friend to run or he would shoot them. They ran and the

man kept Jacob. It took law enforcement 27 years to find out who took Jacob and what happened

to him. In 2016, a man named Danny Heinrich confessed to the crime of kidnapping and murder.

Heinrich was once under the radar for Jacob’s disappearance, but was let go due to lack of

evidence. He was known by many young boys around Jacob’s age as a child molester. He even

went on trial for the rape of a young boy a few months before he killed Jacob.

Over the years leading up to the confession and the discovery of his body, Jacob’s parents

fought tirelessly to figure out where he was and to help change laws regarding sex offenders.

After telling Jacob’s story, the host, Madeleine Baran, shifted gears. She began to research more

about how the sex offender’s registry began and the effects of it today. Specifically, she talked

about how the regulations have affected those who may have made a small mistake, such as

sexting, and who are now burdened by the title Sex Offender. Because of this, they have a

difficult time finding work and more importantly finding a place to live. By the end of the

podcast, Baran came to the conclusion that instead of creating reform for those labeled as sex

offenders, they are condemned for a certain amount of time or for the rest of their lives. For this

literature review I researched articles that discussed sex offender regulations and how they have
Literature Review 2

changed over the years since cases like Jacob Wetterling. I wanted to make sure that my point

was to find articles that spoke about reform while still maintaining that the offense is still a

serious crime. I wanted to focus the topic more on those who have paid for their crime or crimes

or those who may have been convicted at a young age. The major questions for this topic

include; what rehabilitation is there for these offenders, if any, and are regulations too

harsh for our ever changing society.

A sex offender is a person who has been convicted of a crime involving sex (Merriam-

Webster, n.d.). The Cornell Law School Legal Institute (n.d.) further defines a sex offender as a

person convicted of crimes involving sex, including rape, molestation, sexual harassment, and

pornographic production or distribution. Blasko (2016), helps us understand more about such

offenders by identifying three types: adult male rapists, adult male child molesters, and adult

female sex offenders. Those categories are further broken down into subcategories. The

following charts illustrate Blasko’s classifications.

Adult Male Rapists

Behavioral Description
Classification
Compensatory Expression of sexual fantasies with minimal
aggression evident
Sadistic Expression of aggressive sexual fantasies

Anger Expression of rage

Power/Control Desire to achieve power and dominance
Opportunistic/Antisocial Spur of the moment, impulsive, situational

(Blasko, B., 2016)

Literature Review 3

Adult Male Child Molesters

Classification Behavioral Description

Preferential
Manipulative Groom victims over time to lower resistance
Introverted Lacks social skills to access victims
Sadistic Aroused by inflicting pain on children
Situational
Inadequate Los self-esteem; available child becomes a sexual
substitution for adult
Indiscriminate Antisocial orientation; abuse children
indiscriminately
Experimentation Experiment sexually on children out of boredom

(Blasko, B. 2016)

Despite the common assumption that all sex offenders are adult males, the demographics

of the offenders have begun to shift. It has been estimated that people under the age of 18 years

make up one-third of those who sexually harm children and adolescents (Sorrentino, R., Brown,

A., Berard, B., Peretti, K., 2018). Sorrentino et al. (2018), further found that in the United States,

one-half of sexual crimes of the aforementioned demographic involve fondling or sexual touch

and non-forcible sexual acts. Robertiello, G. and Terry, K. (2007) provide a collection of

typologies for sex offenders; rapists, child molesters, female sex offenders, juvenile sex

offenders, and cyber offenders.

An article written for the Journal of Child Sexual Abuse sites the U.S. Department of

Justice with saying that of 9,691 sex offenders released from prison, four will reoffend upon their

release (Riser, D., Pegram, S., Farley, J., 2013). While it gave good insight into the chances of

re-offense it was geared more towards rehabilitating while offenders are still young. When we

think of sex offenders, we generally think of adult males committing the crime, but there is a

growing number of adolescents who are being named on the registered list. Most of their
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offenses involve acts such as sexting or having sex while still a minor or with a minor. The

authors of this article assert that adolescents are easier to rehabilitate than adult offenders.

Turning a blind eye or ignoring the need for rehabilitation could have detrimental consequences

as young sex offenders grow older. An article written from Psychiatric Annals indicated that

people younger than age 18 years account for more than one-third of those who sexually harm

other children and adolescents . . . nearly one-half of all sexual crimes for which youth are

prosecuted involve fondling or sexual touch . . . and the remaining portion is made up of

nonforcible sexual acts (Sorrentino, R., M.D., Brown, A., Ph.D., Berard, B., PsyD., Peretti, K.,

PsyD., 2018).

Researchers Smith, A., and Taylor, B. in their 1999 study (cited in Singer, J., Maguire,

M., Hurtz, G., 2013) found that of 84 sex offenders most of them were psychotic at the time of

the offense and half of them had hallucinations or delusions during the offense. Their study

indicated that most of their subjects were experiencing some form of mental illness or disorder.

There has been a pressing question of whether these offenders should be treated merely as a

criminal or a mentally ill patient. Due to the opinions of the public it is difficult to label the

offenders as mentally ill. Singer, J. et al. (2013), conducted a study on two groups of sex

offender parolees which concluded that mental health is a viable risk fact to examine upon a sex

offender’s release to parole. The researchers monitored parolees from 22 different prisons.

Dr. Leonore Simon writing for Behavioral Sciences and the Law (2000) indicates that

offenders who commit sex crimes have a diagnosable and sometimes curable, or if not

manageable, mental disorder. Along with mental disorders it is not uncommon for an offender to

have an antisocial lifestyle or show signs of sexual deviance and offenders such as this are at

high risk of recidivism (Yates, 2013). There seems to be a pattern of behavioral problems that
Literature Review 5

present themselves early on in a child’s life and it gets worse the longer it goes untreated. This is

not say that because sex offenders who have mental disorders should go unpunished for their

actions, however, there is a window (no matter how small) where intervention can begin before

he or she commits a crime.

It is important when providing treatment to emphasize an offender’s strengths in order to

help them overcome the deficits that led to their offending and give them confidence to change

(Marshall, W., Hollin, C., 2015). Researchers at University of Kent conducted a study to

determine how dehumanizing attitudes from the public affect the support for rehabilitation of sex

offenders. “There were two elements that were relevant to their research; that is, the use of

community resources, and high-quality interpersonal relationships between offenders and

correctional staff” (Viki, G., Fullerton, I., Raggett, H., Tait, F., Wiltshire, S., 2012). The study

consisted of a survey given to 60 men and 60 women, ranging from 18 to 75 years of age. Upon

completing the study, the researchers discovered that the dehumanization attitude does in fact

affect the willingness to show support for rehabilitation. They believe the successfulness of

rehabilitation heavily relies on their community acceptance. Being excluded creates the potential

for reoffending. For this reason rehabilitation is needed. Most of the articles, if not all, mentioned

prevention of recidivism, which is basically another word for reoffending.

Some researchers think the reason for re-offense is due to the lack of effective treatment.

Mark Larin developed a technique to help sex offenders overcome their desires and actions.

Larin named his development as the Sex Offender Freeze Frame Treatment Technique

(SOFFTT). Larin (2013) explains it as a creation of a structured, physical model which is

developed collaboratively between the client and the therapist. “It produces an ongoing working

record in the form of a series of pictures created by the counsellor and the client of such aspects
Literature Review 6

as the salient issues pertaining to the abusive act, the prevailing mindset at the time of the

offense, arousal awareness, and the cognitive distortions that occurred” (Larin, 2013). His

technique works to help the sex offender understand his actions whether it be situational or

related to a mental illness. It’s a technique that Larin thinks will help contribute to the decreasing

of re-offense.

Jacob Wetterling’s disappearance called for legislative action. The Wetterling case led to

a series of government regulations for those who commit sex crimes. Patty Wetterling, Jacob’s

mother, helped secure the Jacob Wetterling Crimes Against Children and Sexually Violent

Offender Registration Act (Wetterling Act). It required all sex offenders be registered on a list

known to law enforcement and publication of the list to their respective communities which was

enacted in 1994 (Lewis, C., 1996). The Wetterling Act was passed in remembrance of Jacob and

to help prevent another case such as his. It gave law enforcement the right to know the personal

information of anyone of the registry, such as their home and work addresses (Puls, G., 2016).

Two years later, another law was created to increase sex offender regulations. Megan’s Law was

created after Megan Kanka, a seven year old girl from New Jersey, was murdered in 1994. It

works to identify information about convicted sex offenders and provides notification to the

community in which those offenders live (Logan, 2015). The notification is used to make people

aware of possible predators around them. Because of this there are zones and distances that

offenders have to adhere to.

Having this information is beneficial, but can also prevent those we have been

rehabilitated from moving forward with their lives. The restrictions range from 500 to 3000 feet

in sensitive areas such as schools, daycare centers, parks, bus stops, and other locations where

children or women may congregate (Grubesic, T., Mack, E., Murray, A., 2011). These
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restrictions give offenders limited places to live. For this reason many are homeless or have to

live with friends and family while still making sure to follow the restriction laws. The podcast

about Jacob Wetterlings case included a testimony of a man, from Miami, Florida, who had

recently gotten out of prison from a conviction handed to him when he was only twenty years

old. He gave an in depth look into what is like for a registered sex offender with no place to live

and limited chances of employment. They all settled in what can be compared to a shanty town.

They sleep in their cars at night and walk around all day. Berenson, J., and Appelbaum, P. (2011)

assert that the basis for residence restrictions can be explained in terms of the general

criminological principle of distance decay, which means that the average criminals commit their

crimes with decreasing frequency the greater the distance from their place of residence. Law

makers believe that because of the distance from sensitive areas would-be or reoffenders are less

likely to commit a crime.

An article from the Geographical Review Journal outlines the special aspects of

restrictions on registered sex offenders. The proximity settings have become a problem for many

on the registry because there is not a way to completely stay away from the designated restricted

areas, with some states being stricter than others. In many cases, upon release from prison the

offender’s success of re-entry is essential to the prevention of a re-offense. With harsh

restrictions on registered sex offenders, many have to move frequently, whether by force or

voluntarily, or they are forced into homelessness. Leipnik, M., Ye, X., Serna, J., Strong, J.,

Wilkins, C., Wu, L. (2016), found that stable housing forms the foundation to make gains in the

most important aspects like employment and rehabilitation, and frequent moves may destabilize

reentry transitions increasing the likelihood of re-offense.

Literature Review 8

The National Criminal Justice Reference Service of the United States Department of

Justice (2017), for the year of 2016, reported that 60 percent of perpetrators of a sexual offense

were known to the person being assaulted. These offenders were family members, family friends,

child care providers, and many others. The legislation put in place to monitor sex offenders and

those that provide notification to the community are usually geared towards perpetrators that are

unknown to their victims. While it is beneficial to know what predators are in our communities,

this leaves out the fact that offenders, more often than not, are right in our own homes.

The Arkansas Sentencing Commission (n.d.) mandates that registered offenders be 2000

feet away from the property on which any public or private elementary or secondary school,

public parks, youth center, or daycare facility is located. The Arkansas Crime Information Center

(n.d.), reports that there are 11,809 registered sex offenders in Arkansas. What this figure does

not explain is who it represents specifically. The statistics do not show why those 11,809

offenders are on the registry which is important for determining who is a real threat to society.

What are their ages? How long have they been on the registry? What crime did they commit?

How old were the offenders when the crime was committed? This information is made available

when looking at the actual registry, but without researching offenders identities would be

unknown.

When finding the areas that are considered acceptable for a sex offender, online maps

usually do the trick. The maps give approximations based on legislation restriction standards.

There are some important facts to consider when thinking of these restrictions. Leipnik, M. et al.

(2016) note that these maps are typically based on geocoding (geographical coordinates) using

dual address-range and street-centerline data, which are imprecise and the process uses

geocoding service and street layer with significant and highly variable errors associated with it.
Literature Review 9

For this reason it is hard to specifically determine what restrictions are exact. The locations are

only approximations and could be far from an actual residence or other sensitive area (Leipnik,

M. et al. 2016).

Beyond physical distance, individuals who wish to commit a sexual crime do not always

have to be in close proximity of a victim. With access to the internet perpetrators are able to

easily commit a sexual crime. The use of social networking sits by young people has increased

with the widespread availability of internet access on computers and mobile devices (Chan, E.,

McNeil, D., Binder, R., 2016). Because of anonymity of the internet the demographic of

perpetrators is broad. In 2006 it was found that there were 503 arrests for sex crimes involving

minors and social media networks (Chan, E. et al. 2016). Our use of social media has since

increased which in turn makes this statistic increase as well.

Northern Miami-Dade’s homeless population is at a steady rise. Due to strict residential

regulations, those labeled as sex offenders are force to take up shelter in the 28 camping

communities (Gomes, I. 2017). The campers have been exiled from much of the community and

have no family or friends who will allow them live in their homes. The sleep in their tents at

night and roam the streets during the day. Acquiring employment is almost just as impossible as

finding a place to live especially depending what type of sex crime committed and the targeted

victim. Instead of creating reform for these individuals to reintegrate into society, they are being

exiled by their local community. This could last for the rest of their lives.

McKune v. Lile (cited in Ellman, I. 2015) attributed the strict restrictions to the high re-

offense percentage, which they identified as 80 percent. This assumption was based on a

reference from 1988. Because this is so outdated, McKune’s statement in practically invalid

regarding recent statistics. Furthermore, it was only supported by a single reference. Ellman, I.
Literature Review 10

(2015), says that when referring to re-offense it is important to specify the definition. It should

refer to either an individual committing the same sex crime that put them in prison to begin with

or it should refer to anything that grants them another prison sentence. It cannot be both. As

mentioned before sex offender registries include a lot of people who are low-risk, such as a

teenager who had consensual sex with another teenager (Elman, I. 2015). Offenders of this

demographic rarely commit what legislation would consider to be another sex crime. These

individuals are required to stay on the registry for life depending on the state in which they

reside.

Elman (2015) believes that the label triggers fear and disgust which fuels the need for

strict regulations. Women Against Registry, a group formed to fight against strict regulations, are

taking aim at Florida because of the Miami-Dade situation (Wilson, M. 2016). They are asserting

that the treatment of registered sex offenders is unconstitutional. Wilson (2016) further explains

that the group is gathering and preparing for major lawsuits on behalf of the offenders.

Advocates of the regulations do not see the impact the registry has on an offender’s life. Because

of the great impact it has sex offender registration records should be limited to law enforcement,

schools, and medical licensing boards rather than to the public (Lehrer, E. 2016). The registry

would be best used in the hands of these professionals. Allowing the public to access these

records causes unnecessary fear in the community.

The regulations in place now prohibits those who try to overcome the events that led to

their registration. They make it seem like offenders are predators for the rest of their lives no

matter how small the offense. Instead of such regulations it would be better to conduct extensive

research to figure out why these crimes are committed and invest in treatment and rehabilitation.

Most of the research conducted for this topic have concluded that rehabilitation is a possibility
Literature Review 11

and if it is not extensive therapy would be beneficial for the offender. Techniques such as Larin

Freeze Frame work to better understand the mind of an offender. Uncovering the root of the

problem would be most effective in reducing sex crime rates.

Strict regulations have persecuted individuals who participated in consensual acts and

named them sex offenders. Minors being tried as adults is a growing problem. Nicole Pittman

(cited in Lehrer, E. 2016) documented that 40 states currently allow children adjudicated in

juvenile court to be places on registries. The crime does not always fit the punishment in cases

involving minors. These individuals are robbed of a second chance because of the sex offender

regulations.

In my research I found that what we know about the sex offender registry is not all black

and white, there is a grey area that leads to many questions. It is quite easy to be named a sex

offender with the amount of technology that we use. Because of this reforms are necessary to

redirect the focus of regulation. Especially due to the fact that sexual assaults have been proven

to rarely happen by a stranger. A person is more likely to be assaulted by a family member than

the registered sex offender that lives down the street. Having regulations and laws in place are

very important, but the motivation for them should be shifted. We all want to feel like we live in

a safe community and it helps use sleep at night when we are in the know about people around

us, however, there are offenders suffering because of it.

Literature Review 12

References

Arkansas Crime Information Center, (n.d.). Registered sex offenders. Arkansas Crime

Information Center. Retrieved from http://www.acic.org/registered-sex-offenders

Arkansas Sentencing Commission, (n.d.). Impact assessment for HB1164. Arkansas Sentencing

Commission. Retrieved from http://www.arkleg.state.ar.us/assembly/2015/2015R/Fiscal

%20Impacts/HB1164-Other1.pdf

Berenson, J., Appelbaum, P., (2011). A geospatial analysis of the impact of sex offender

restrictions in two new york counties. Law and Human Behavior, 35. 235-246. Retrieved

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Blasko, B. (2016). Overview of sexual offender typologies, recidivism, and treatment.

International Journal of Offender Therapy and Comparative Criminology, 45. 51-69.

Chan, E., McNiel, D., Binder, R., (2016). Sex offenders in the digital age. Journal of the

American Academy of Psychiatry and the Law Online, 44(3). 368-375. Retrieved from

http://jaapl.org/content/44/3/368

Ellman, I., (2015). The supreme court’s crucial mistake about sex crime statistics. Constitutional

Commentary. Retrieved from https://casetext.com/posts/the-supreme-courts-crucial-

mistake-about-sex-crime-statistics

Gomes, I., (2017). Hundreds of Miami sex offenders live in a squalid tent city near Hialeah.

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Literature Review 13

Grubesic, T., Mack, E., Murray, A. (2011) Sex offenders, residence restrictions, housing, and

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Lehrer, E., (2016). Reform the sex-offender registry. Weekly Standard. Retrieved from

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Leipnik, M., Ye, X., Serna, J., Strong, J., Wilkins, C., Wu, L. (2016). Spatial aspects of

restrictions on registered sex offenders. Geographical Review, 106(2). 312-330.

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Lewis, C., (1996). The Jacob wetterling crimes against children and sexually violent offender

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Puls, G., (2016). No place to call home: Rethinking residency restrictions for sex offenders.

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Riser, D., Pegram, S., Farley, J. (2013). Adolescent and young adult male sex offenders:

understanding the role of recidivism. Journal of Child Sexual Abuse, 22(9-31). Retrieved
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Robertiello, G., Terry, K. (2007). Can we profile sex offenders? A review of sex offender

typologies. Aggression and Violent Behavior 12(5). 508-518. Retrieved from https://0-

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Simon, L., Ph. D. (2000) An examination of the assumptions of specialization, mental disorder,

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Singer, J., Maguire, M., Hurtz, G., (2013). The prevalence of mental illness in california sex

offenders on parole: A comparison of those who recidivated with a new sex crime versus

those who did not. Victims and Offenders, 8. 253-277. Retrieved from http://0-

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Sorrentino, R., M.D., Brown, A., Ph.D., Berard, B., PsyD., Peretti, K., PsyD., (2018). Sex

offenders: General information and treatment. Psychiatric Annals, 48(2). 120-128.

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Viki, G., Fullerton, I., Raggett, H., Tait, F., Wiltshire, S. (2012). The role of dehumanization in

attitudes toward the social exclusion and rehabilitation of sex offenders. Journal of

Applied Social Psychology, 42(10). Retrieved from http://0-

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Wilson, M., (2016). Sex offenders rally to fight discriminatory laws. Prison Legal News.

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Yates, P.M. (2013). Treatment of sexual offenders: research, best practices, and emerging

models. International Journal of Behavioral Consultation and Therapy, 8(3-4), 89-95.

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