Request from registered sex offender to change taxi driver ordinance raises bigger questions

MUST READ A local resident’s request to the Cedar City Council for an exemption to one of its ordinances has raised the question of when – or if – a convicted sex offender who has since served their time and been crime-free should be allowed to have the same freedoms to pursue a living as other citizens.

“The only thing I’m trying to do is provide a better life for my family and for myself,” he said. “I was just wondering if there was any way that you could change the regulations for somebody like me so that I can drive a cab and provide for my family.”

Council member Scott Phillips was also sympathetic to Sherman’s request. “I do believe it’s important that we allow people to have opportunities, second chances,” he said. “I think that’s important for all of us to recognize, it’s part of being who we are, trying to be humane to our fellow citizens. On the same token, we do have to look out for the community at large and make sure that we’re protecting everyone and not just those who seek the help.”

“I feel for you,” he added, addressing Sherman. “I don’t know what we can do to help at this point. We need to work through this ourselves and see if we can find a way to work with you. I don’t know what that is.”

Robert Banta is a licensed clinical social worker with Arrowpoint Associates, which is listed as a sex offender treatment provider by the Utah Department of Corrections.

While Banta told Cedar City News that Sherman should not consider himself the victim in this case and that his actions got him to the point where he is today, he said the issue of recidivism among sex offenders is a common misperception.

“The research tells us that every year he is in the community crime-free, his recidivism rate decreases,” Banta said. “I would suspect that if he’s been in the community for 18 years, his recidivism rate is very very very low.”

Banta directed Cedar City News to a study published in 2017 that supported his assertion. The study states the following:

We found that the likelihood of new sexual offenses declined the longer individuals with a history of sexual offending remain sexual offense-free in the community. This effect was found for all age groups and all initial risk levels. … After 10 to 15 years, most individuals with a history of sexual offenses were no more likely to commit a new sexual offense than individuals with a criminal history that did not include sexual offenses.

The study points to the seeming contradiction in the justice system, “in which there is an expectation and public acceptance that most individuals who have been convicted of a crime can be successfully reintegrated into society. The same expectation and acceptance does not hold for sexual offenders.”

Banta said there is no reason Sherman should still have to register as a sex offender after 18 years of being crime-free.

“The registry is a backdoor approach to try and convince people that we’re safe by keeping track of these people,” he said. “It doesn’t do what they say it’s going to do. There is no safety just because we keep track of people on the internet and know where they are. If someone wants to commit a sexual crime, they will do that regardless of the registry.”

An article published by the Boston Bar Association takes it a step further, saying that up to 95% of all sexual offenses are committed by first-time offenders. The author goes on to say that registration may actually increase the possibility of recidivism:

Persons with stable, supportive lives, with steady employment and housing, reoffend at lower rates. On the other hand, those who, because of registration, are unemployed, homeless, and generally unstable, suffer psychosocial stressors that may increase their risk to reoffend. These policies also put significant stress on offenders’ families, who in turn may abandon the offender; this aggravates an offender’s stress and also isolates him away from persons who might otherwise provide a watchful eye.

Reached by telephone in July, Sherman told Cedar City News he was disappointed that nothing could be done to help his situation. He said he’s able to work as a DoorDash driver, but it’s not what he wants to do.

“I want my own taxi service. If I want to carry on with that, they (City Council) told me I have to go to my state representative,” Sherman said. “I reached out to my local representative but I haven’t heard anything back. If I have to go to the state Legislature, I will. I just feel that it’s not fair to me.”

Banta said that while the City Council may not be able to help, if Sherman was in his program, he would recommend contacting an attorney about getting off the registry. He said there’s no reason to keep him on the registry just because he left North Carolina, “especially if he didn’t break any laws.”

“Does he deserve a break? Absolutely,” Banta said. “Is there any reason to keep him on the registry longer? I don’t think so.”