In March 2015, the Supreme Court ruled unanimously that monitoring sex offenders with GPS bracelets
violates their fourth amendment rights against unreasonable police searches.
That same month, the Supreme Court of California ruled that a law restricting where sex offenders
could live, was also unconstitutional.
So, what rights do sex offenders have?
Well, first of all, what are sex offenders?
Well, they can be categorized into three tiers, according to federal law.
Tier 3 is comprised of any violent sex-criminals - sometimes referred to as “sexual predators”.
Tier 2 includes those involved in sex trafficking, distributing child-pornography, or non-violent
sexual contact with a minor.
Tier 1 includes lesser sex crimes, like voyeurism, lewdness, or non-violent sexual contact with
anyone over 18.
Within Tier 1, there are also some more innocuous offenses - like urinating in public, or streaking.
Consensual sex between teenagers can also sometimes lead to sex-crime prosecution, as
can posting nude selfies online, if you’re a minor.
Clearly not all sex crimes are the same.
Because there is such a wide spectrum of sex crimes, the punishments vary widely between
states -- from fines and counseling, to life in prison.
For example, penalties for Indecent Exposure, can range from a fine of $1,000 to 10 years
in prison, depending on if children saw the lewd act, and in which state the crime was
committed.
Additionally, all sex offenders are required to register in a national database, which
is publicly available online.
Depending on their tier, sex offenders can stay on this criminal registry for life.
Although some states, like Utah, are more lenient.
Sex offenders are also usually prohibited from living near schools or parks.
In many cases, they are required to identify themselves to neighbors when moving into a
new area, and to employers when applying for a new job.
Additionally, sex offenders are regularly ostracized from society, regardless of the
severity of their crime.
These factors have a lasting effect on their ability to find housing and employment.
In San Diego, the homeless population increased significantly, after a law made it nearly
impossible for sex offenders to find suitable housing that was 2,000 feet away from all
schools and parks.
The California Supreme Court deemed this law too restrictive of constitutional liberties.
Because sex crimes are such a polarizing subject, the question of sex-offender civil rights,
is also a sensitive topic.
Not all criminal offenses are the same, however.
Even human rights activist, John Walsh, whose son’s death shaped current US sex
crime laws, has said, “you can’t paint sex offenders with a broad brush”.
Some politicians have called for reforms of excessive punishments for lower-tiered sex
crimes.
There’s a small town in Florida, that is completely populated by sex offenders.
It’s a really interesting story, and if you’d like to hear it… make sure you check
out this video from Seeker Daily.
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