Young sex offenders branded forever

One of the scary things about the social Web is how much exposure its users bring to their everyday lives and innermost thoughts. But think about the impact of mixing exposure - to public view or just to law enforcement - with impulsive, unthinking adolescent behavior that involves sexual exploration with peers. For example, in the state of Washington alone, "since 1997, more than 3,500 children in the state - some as young as 10, though on average about 14 - have been charged and convicted as felony sex offenders, a mark that remains on their records forever, barring them from careers in medicine, teaching or a host of other professions that serve the vulnerable," the Seattle Post-Intelligencer reports. A 13-year-old (now 23) whose story led the article was arrested at home by himself and handcuffed to a plastic chair while his mother was called and told her "pervert son was going to jail." The vast majority of these young felons are rated least likely to reoffend, the article continues. Even so, the Post-Intelligencer reports, "Washington is among the few states to include juveniles in its sex offender management plan, assessing youths with tools designed for adults and funneling them through the courts with adult-sized punishments."

Teens to be sex offenders for life?

LACityBeat.com tells the story of Ricky, who, when he was 16, "went to a teen club and met a girl named Amanda, who said she was the same age. They hit it off and were eventually having sex. At the time Ricky thought it was a pretty normal high school romance. Two years later, Ricky is a registered sex offender and his life is destroyed." It turned out Amanda was 13, below the age of consent, and Ricky was tried as an adult. LACityBeat not only looks at how new laws will affect juvenile offenders but also how they affect the victims, as well as the families of both offender and victim. Very difficult issues, here, that deserve thought and care.

FL: Teen sex offenders for life

The private records of juvenile court are fully public in Florida, as far as young sex offenders are concerned. "A state law that went into effect July 1 will list teens as young as 14 on the same Web site as adults who are convicted pedophiles and sexual predators. The designation will follow them and their families as they enter schools, move to new communities and eventually apply for colleges, trade schools and jobs," the South Florida Sun-Sentinel reports. This is a double blow for teens who commit minor offenses, because they don't have the benefit of being tried before juries in juvenile courts and the privacy that has been afforded juveniles for over 100 years is suddenly gone. The article cites the view of "some public defenders and legal experts" that being listed for life with adult sex offenders could hinder these teenagers' rehabilitation. "Public defenders plan to challenge the [Florida] law," the Sun-Sentinel adds. For more on this, see "Juvenile sex offenders & Net registries."

Juvenile sex offenders & Net registries

As if to punctuate an important New York Times Magazine article on juvenile sex offenders this Sunday, CNN reported that two 7th-graders in Oregon were charged with felony sex abuse after running down a school hall after lunch, swatting "three to four" girls in the rear end (the mother of one of the boys said in an interview that one of the girls had done the same thing to her son earlier but hadn't been charged). A student hall monitor took them to the principal's office, and they were later taken from school by the police in handcuffs. They were held in juvenile detention for five days, according to the CNN report, and they face up to 10 years' detention. Under Megan's Law, if they're convicted as sex offenders, they could be placed in a public sex-offender registry for life.

A decade or so ago, probably the harshest punishment immature, impulsive behavior like this would've received would be school suspension, maybe expulsion. But times have changed. Our children are living in a time when such behavior can lead not only to arrest and adjudication but also public notification via online sex-offender registries. And some parents – thinking minor's records are sealed, kids need to learn lessons - are unwittingly exposing their children to this new reality. The New York Times looks at all aspects of this in "How Can You Distinguish a Budding Pedophile From a Kid With Real Boundary Problems?"

Here's the current environment for kids deemed sex offenders:

"Juveniles are subject to the same [sex offender] registration requirements as adults without the benefit of a jury trial or similar protections."

"At least 25 states apply the sex offender community notification law to juveniles," which means "their photos, names and addresses and in some cases birth dates and maps to their homes" are in public Web sites for any school peer to find and ostracize them with (kids love to "stalk" each other - do casual background checks on each other - in social sites; see this).

"States that have excluded adolescents from community-notification laws may no longer be able to do so without losing federal money" - within about two years from now. So the other 25 states may follow suit.

Under the 2006 Adam Walsh Act, a teenager adjudicated for a sexual offense "will remain on the national [sex offender] registry for life. He will have to register with authorities every three months. And if he fails to do so — not an unlikely prospect for some teenagers, especially those without involved parents — he may be imprisoned for more than one year."

All this even though for more than 100 years minors' records have been sealed from public view by juvenile courts. That was long before we even knew that adolescent brains aren't fully developed until people are in their mid-20s. "The last part of the brain to develop is the frontal lobe, which is responsible for impulse control, moral reasoning and regulating emotions - the things that adolescents lack when they decide, if they make a conscious decision, to molest a younger kid," the Times reports, citing the National Institute of Mental Health.

Ninety percent or more of young people who have been through the courts for sex offenses won't become adult rapists or pedophiles, according to an expert the Times interviewed. The recidivism rate for juvenile sex offenders is "about 10%," compared to 25-50% for adult offenders (50% or higher is the rate for "the most serious offenders"). Not all, but many of these young people are "naïve experimenters," a term therapists use for "overly impulsive or immature adolescents who are unable to approach girls or boys their own age; instead they engage in inappropriate sexual acts with young children," sometimes because they have been abused themselves, the Times reports. And then some of these - "how many is unclear" - are in the legal system "for what some therapists would say is 'playing doctor' or normative 'sexual experimentation',” inappropriate behavior that has always been a part of teenage reality but is getting reported and adjudicated a lot more now.

A huge problem is the fact that we - society - know almost nothing about the impact on minors of placing them on public registries on the Web, at the same time that research is beginning to show that they are different from adult offenders in several ways. One thing we do know: Public humiliation tends to marginalize people, particularly adolescents, which in turn tends to harm more than help kids and society. Check out the article to see how they're different, to see how and why minors need different kinds of treatment from what adult offenders receive, and to read the stories of individual teenage boys and girls who have been adjudicated for sexual offenses.

Related news

Arizona's new sex-offender law. Starting in September, registered sex offenders in Arizona will have to disclose their social-networking and instant-messaging screennames as well as their email addresses because of a new law in that state, the Arizona Republic reports. "Anyone can go to the state government site and search an individual or screen name against its database" of sex offenders.