Changing Our Perception and Policies of Sexual Violence - Essay Sample

Introduction

The children of today face numerous obstacles when transcending to adulthood. These challenges include but not limited to exposure to dangerous substances and sex predators, complete abandonment, time-crunched parents, and fending for themselves from an early age. The tragic cases of victims of sexual offenses such as Jessica Lundsford, Adam Walsh, and Sara Lunde have lobbied the formulation of policies aimed at preventing the occurrence of such heinous deeds to the young generation. However, these policies are lack rationality as they are guided by emotions of the policymakers rather than rationality. Anger and pain improve the society's vigilance in preventing the repeat of such tragic crimes; however, the effectiveness of the policies formulated in protecting both the current and future generations diminishes as the systems are based on inaccurate frames rather than of correct facts and testimonials. Chong and Druckman identify frames as the abstract structures that organize social meanings (2007, p.105). These structures are determined to have the power to direct political spheres including policies towards desired directions. The frames that influence policy formulations and public debates about sexual violence are irrational, dysfunction, and misdirected. Therefore, the implementation of effective policies depends on the ability to alter these abstract structures and metaphors about sexual abuse and offenders using empirical evidence.

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Sex Offender Policy in the US

Policymaking in the US is not only as a result of poor choices with regards to sexual violence, but the entire system is broken. Misguided principles have dominated the process resulting in scattered sensible initiatives that can effectively prevent sexual abuse. Empirical knowledge is wholly disconnected from the policy-making process.

Residential Restriction Policies on Sex Offenders

These policies are widely practiced in the US with states such as Colorado, Minnesota, Michigan, Missouri, Kansas, Iowa, and Florida actively practicing restrictions. The report by Huebner et al. focusing in Missouri and Michigan depicts that such geographical limits are likely to be ineffective as they are faced with multiple challenges such as the failure to distinguish the various types of sex offenders. According to Huebner, et al. the policy strengthens the discernment that all sex offenders are child molesters (2013, p.30). These laws are also inspired by the crimes that are committed by perpetrators who had no relationship with the victims. However, the current research suggests that such cases are rare and children are in more danger of being sexually violated by trusted caregivers, family friends or even members of the family. According to the Bureau of Justice Statistics, (2003), 34% and 59% of minors who are sexually abused, the perpetrators are family members and acquaintances respectively.

Additionally, almost half of the victims who are aged six years and below are abused by relatives. The same trend is seen in juveniles where less than 7% offense are committed by strangers (BJS, 2003). Furthermore, the children admitted in schools or daycares are not on their own but under the care of trusted individuals (teachers, adults, and other care providers). The possibilities of children playing outside away from care and being approached by a registered sex offender are minimal. The residential restriction policy, therefore, fails to capture the fact that sex offenders are not strangers who strive to contact minors in public spaces. Also controlling the areas where offenders sleep does not necessarily guarantee that the predator is deterred from endeavoring to find areas where he/she can easily relate with minors and groom them for sexual activities. These laws also motivate sex offenders to disappear as they have no addresses to register. Such challenges force an increased allocation of the workforce to tracking them and damages the validity of the entire process.

Geographic data using Arch GIS mapping and land use zoning analysis by Zandbergen and Hart from the parcel database of Orange County in Florida shows that 64% of residential dwellings are located within 2,500 feet of schools and daycares while 99% are within the proximity of bus stops (2006, p.18). Residency restrictions are therefore seen to diminish housing availability for sexual offenders severely. In the study, only 27 properties under residential use were available for use by offenders based on restrictions regarding daycare centers, schools, parks and bus stops (Zandbergen and Hart, 2006, p.19). Such limits need to be repelled as the "exile" frame forms them and result in transience, drug abuse, instability and ineptness as offenders are forced to live under harsh conditions such as under bridges. The persecution faced by offenders can influence recidivism as they are forced to engage in negativity. Sex offenders having a positive support system depict reduced likelihood of violating probation or re-offending compared to the ones with unstable relations, employment and general lifestyles (Barbaree and Marshall, 2008, p.141). Also exiling offenders through residential restrictions shows that the society acquits itself from the actual obligations of fighting sexual offenses as predators are identified and banished. Such practices do not address the root causes of crimes in society.

Civil commitment schemes

Civil commitment programs for sexually violent predators continue to be used throughout the US. The rate of commitment in the US was estimated at 4,534 individuals under the SPV laws in 2011 with approximately 10% being released from the program (Mercado et al. 2011, p.12). Eligibility for commitment is based on mental abnormality, evidence of abuse, impairment, history of offenses and the link between mental conditions that may predispose the offender to commit such abuse n the future (Mercado et al. 2011, p.12).

Table 1: Categories of Civil-Commitment policies for sex offenders from Kendall and Cheung, (2004, p.46)

These policies are expensive, and therefore they rarely take into consideration the scarce resources for their implementation. The commitment of violent predators has effective sexual violence management outcomes; however, the laws fail to offer a net gain that balances their cost of application to the actual fight against sexual offenses against children. Implementation of these laws also challenges the fragile constitutional processes. In New York, for example, the implementation of the SPV was done even in the presence of opposition from the ATSA chapter in the state (Krueger, 2006). The suggestion by civil-commitment policies that sexual predators are mentally unstable creates a notion of otherness where offenders are considered an unstable group- the other. The latter diverts the attention from close relatives, caregivers or acquaintances are the main offenders. Civil commitment also guides the concept of recidivism which is a normative form of judgment. The exclusive focus by members of the society on sex offenders prevents them from noticing the real offenders. The vast majority of sexual abuses are not usually past-offenders released by prisons. 13% sex offenses previous sex offenders, but the remaining 87% is comprised of convicts already known for non-sex offenses (Langan, Smith and Durose, 2003, p.7). Additionally, 86% of sex offenders do not have a prior history of the offence. Therefore, they are not recidivists (Langan, Smith and Durose, 2003, p.17).

Figure 1: History of sex offense after Prison release from Langan, Smith and Durose, 2003.

Stigmatizing and Dramatic Policies

The United States has also diverted resources towards dramatic, inaccurate and empirically unproven policies. Joshua Lunsford, the brother of rape-murder-victim Jessica whose tragedy was the inspiration behind the "Jessica" law, was charged for fondling his 14-year-old alleged girlfriend. Although not prosecuted as the state of Ohio passed the offender law to include relations with minors of 13 years below, the case was highly publicized (Krause, 2013, p.1). Such extreme cases are guided by emotion rather than reason - the mandating of states to adopt part of the Adam Walsh Protection Act (AWA) by President Bush in 2007 encouraging the tracking of sex offenders using various means (Bonnar-Kidd, 2010, p.412). The AWA act motivated the state of Florida to propose the use of license plate recognition technology (LPR) in tracking offenders. The technology is used in the identification of vehicles of offenders or any other vehicle belonging to a non-sex offender spouse, relative, friend, roommate or anyone visiting as long as they can have access to their vehicles for five days (FAAC, 2015, P.1). These recommendations support the basic beliefs about sexual offenders and offenses. Forcing states to adopt the AWA act or lose part of the Byrne grant funds is among the steps that are used to foster unproven practices in policy formulations by preying on citizen's fears and refuting change based on the "sick and twisted" ideology. Thus the policy is rendered irrational and plays a limited role in helping in minimize sex offenses. Vehicles of non-sex offenders such as children and parents are likely to be flagged, pulled over and interrogated as long as a family member or friend is on the offender registry. These are dramatic and skeptic legislations that do not only possess zero likelihood of limiting sexual violence but also increase the stigma which makes it difficult to find and prosecute offenders. Debates on the use of these measures is thus influenced by irrational and impassioned feelings rather than input informed by empirical evidence. Political and influential figures lobby these drastic sex offender policies without undergoing the critics of scientific and criminology experts. Leaders will always be hostile to the scientific views if they challenge their pre-existing ideas.

Conclusion

The frames that influence policy formulations and public debates towards sexual violence are irrational and misdirected as they lack practicality in application and effectiveness in reducing sexual offenses. Sexual abuse is a menace that needs to be fought with rational policy considerations that are not influenced by biases and misperceptions. I many ways the existing system embodies a positive attitude and means of preventing sexual violence. However, the approach is not adequate due to the fear, vested financial and political interests, and righteous indignation which drives policy formulations. Putting the safety of children before the rights of offenders through residential restrictions guarantees an increase in sexual offenses and further limits the civil commitment projects where massive public finances have been invested. Eventually, the policies prove destructive and inadequate in delivering the best protection. The use of empirical data is key to aligning the existing systems and implementing new ones. The proposed policies need to be comprehensive therefore in a manner that they address both the unintended and intended consequences of a particular course of action with typical aspects of sexual violence given priority. Child protection advocates and abuse professionals need to join the educational effort in offering the support necessary, by political systems, victims, children, and offenders and also champion both well-intentioned and robust efforts in child protection.

Recommendations

Creating New and Effective Policy Frames

To change the ineffective and impractical policies, there is a need to recognize the frames influencing policy formula...