Our Position: Policies Around Sex Offenses Should be Based on Evidence-Based Research and Practices

According to the National Institute of Corrections, “Evidence-based practice (EBP) is the objective, balanced, and responsible use of current research and the best available data to guide policy and practice decisions, such that consumer outcomes are improved. Used originally in the health care and social science fields, evidence-based practice focuses on approaches demonstrated to be effective through empirical research rather than anecdote or professional experience alone.”

Current sexual offense policies are based on myths that (1) persons convicted of sexual offenses always re-offend and (2) abuse is committed by strangers. This assumes that by placing these persons on a registry and making that information public, the public will know who the dangerous people most likely to abuse their children are and make sure their children are nowhere near the registrants. However, studies have shown that 95% of offenses are committed by someone not on a registry, and 93% are committed by someone known to the child, either an acquaintance or family member. Studies also show that when a former offender has access to affordable housing, employment, and a support system, their recidivism rate is greatly reduced.

Because of the many fear-based myths that surround crimes of a sexual nature and persons with sexual offenses, the use of anecdotes or societal assumptions is not only inappropriate but can cause additional harm as well.

In both the criminal justice system and group treatment settings, evidence-based practices, including risk assessments, are essential for ensuring the safety of individuals and communities while also promoting effective rehabilitation. By employing validated methods and research-supported tools, we can accurately identify the risks posed by individuals involved in the justice system and tailor interventions accordingly. ‍However, the data that most risk assessments may be biased, so judges should have the discretion to make an individualized assessment of what sentence is appropriate based on the circumstances of the case and the person being sentenced. Sentencing and registration requirements should not, and must not, be a one-size-fits-all policy.

Furthermore, in the nearly three decades that the sex offense registry has existed, experts have determined the best evidence-based treatment programs that prevent relapse and recidivism for past offenders and prevention programs for those at risk of engaging in criminogenic behaviors. These include the Road to Freedom curriculum by Jill Levenson, Ph.D., and John Morin, Ph.D., the strengths-based Good Lives Model, and the Facing the Shadow curriculum by Patrick Carnes, Ph.D.

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