Member Submission

Dear Editor,

There are few labels that carry a harsher stigma than that of a sex offender. Stereotypes and fears without context perpetuate false narratives about who sex offenders are. People tend to automatically think the worst when hearing the term sex offender, which leaves little room for context or understanding of degrees of offenses. When we apply the label of sex offender to juveniles, myriad lifelong collateral consequences accompany the juvenile sex offender designation in our society. These collateral consequences make it extremely difficult for those labeled as juvenile sex offenders to access employment, housing, education, and social support. The results profoundly damage attempts at their successful re-integration into society, overall quality of life, and social determinants of health1. While there is no argument of need for accountability for offenses, there are grounds to make the argument that a mistake made by a juvenile should not label, define, and impact that juvenile for the rest of their life. 

Here are some words from the mother of a young man who was placed on the juvenile sex offender registry:

I understand that in my limited view of this stigmatizing label prior to what has happened to our family, I would have been that person that was quick to judge and shun the person and their family based on the label, without educating myself on this situation or allowing for context. None of us wants to be defined by our worst transgression, and this is precisely what has happened with this label of juvenile sex offender. My son has punished himself many lifetimes over because of the distress that has affected everyone involved. Even when the nightmare of the juvenile court case ended, the life stigma goes on because of the juvenile sex offender label, and it permeates into every aspect of life every day for our entire family.

As someone who has witnessed the devastating and degrading effects of the complex injustices related to the juvenile sex offender registry in the United States, I feel compelled to raise awareness around this area of juvenile injustice shrouded in stigma and shame. As a social worker, I strive to embody the core social work professional values of service, social justice, dignity and worth of the person, importance of human relationships, integrity, and competence2. In an ongoing effort to embody these core values, I have identified a need for a critical empowered voice on the issue of the juvenile sex offender registry based on the lack of knowledge and context. Informed and accurate knowledge must be brought to awareness to educate others about this ongoing injustice to some juveniles. This social injustice not only impacts the juveniles affected, but their countless family members as well. 

There is a glaring discrepancy in our justice system with how juvenile sex offense cases are handled in juvenile court, as the approach to the juvenile sex offenses is the same as what is mandated in adult court. This approach does not honor the foundation of why separate juvenile and adult courts exists. The juvenile sex offender registry is a punitive and shaming approach to an offense, with no elements of rehabilitation whatsoever. Furthermore, for any other juvenile offenses, the records are sealed when the juvenile becomes an adult, but with the juvenile sex offense registry, the registry and community notification requirements extend indefinitely into adulthood. These sanctions and restrictions are akin to a lifetime of invisible incarceration.  

The juvenile sex offender registry came into existence based on the Adam Walsh Act of 20063 with the intent to address juvenile sex offenses and keep children in the community safe by mandating that juveniles register on a sex offender registry. Despite there being no evidence-based or predictive correlation between youth sex crimes and adult sex crimes, registration laws often equate the juvenile and adult sexual offenses4. It is a faulty assumption to presume that the adult sex offender registry and community notification requirements can be uniformly applied to juveniles as an existing means to address safety of children as the goal of the law, albeit contradictory in its intent. It is worth the societal investment to explore alternative options that can safeguard our communities and children without subjecting young offenders to enduring lifelong marginalization due to decisions made when they, themselves, were children.

Addressing sex offenses of juveniles is a politically charged topic that is divisive. Lack of informed awareness about the implications of this existing law in conjunction with stigma and societal stereotypes contribute to a perpetual barrier to possible reformed justice. Revision of the juvenile sex offender registry, balanced with maintaining the integrity of the intent of the juvenile court system, would lead to enhanced social justice, equity, and opportunities for a disenfranchised population that is generally quieted by stigma and shame to be productive citizens of our society. It is time to speak up as a collective voice for the sake of these juveniles who have an infinite sentence imposed because of the current juvenile sex offender registry policies. 

Signed,

Joy Alexakis

References

1Pickett, M., Satifka, E, Shah, R. S., & Wiener, V. (2020). Labeled for life: A review of youth

 sex offender registry laws [A Statutory Review]. Juvenile Law Center.

2National Association of Social Workers. (2021). NASW Code of Ethics. 

https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English

3Adam Walsh Child Protection and Safety Act of 2006, Public Law 248, U.S. Statutes at Large 

120 (2006). https://www.justice.gov/archive/olp/pdf/adam_walsh_act.pdf

4 Batastini, A. B., Hunt, E., Present-Koller, J., & DeMatteo, D. (2011). Federal standards for

community registration of juvenile sex offenders: An evaluation of risk prediction and future implications. Psychology, Public Policy, and Law, 17(3), 451–474. https://doi.org/10.1037/a0023637