Today is the day that those reading this article – especially those that have been affected by the Sex Offender registry and regulations – will find hope and realize that it was all a lie. Everything is built upon a foundation. Some foundations are solid and hold up what is built upon them, while others are a bit more fragile and will crumble if hit hard enough causing everything on top to fall along with it. Still others build their foundation on what appears to be solid ground but in earthquake zones, where when the ground shakes you have liquefaction and the buildings sink out of sight; or as with what we have seen in Alaska, once the permafrost starts to melt, the buildings collapse. It is time to quit attacking the building and instead shake the foundation that the laws were built upon.

The Sex Offender Registry was built upon a foundation that was not solid and never has been. It was once said that “If you tell a lie enough times, it becomes the truth.” This quote becomes very true when talking about the registry. The registry stands today on one simple myth of high re-offense rates, and if you look hard enough, it has been proven time and again that it is far below what the government would have the general public believe. The problem is that no one has ever had the fortitude to take the real information and make it public, as well as take it to the Government itself. I am such a person and I will take this information to where it will cause the most damage.

Everyone affected by the registry and its regulations regarding social media, residency restrictions, treatment regulations and supervision regulations always seem to become enraged at what they see first. In the recent months the social media regulations have been drawing the most activity. If everyone would stop looking at what is in front of them and start focusing on the foundation it was all built on, it could as a whole be brought down when the facts on an extremely low re-offense rate are proven. With each court case that pops up, the Judges, Lawyers and Prosecuting Attorneys point towards high re-offense rates, but what if they could be proven wrong each time?

How many American Citizens on the registry today would walk with their head a little higher staring into a brighter future if they were not on the registry? I am not saying they would have never been found guilty of their crime. If they are guilty beyond reasonable doubt, then they are in fact guilty. If the registry did not exist, they could hold themselves much higher knowing that they and their family will never have to suffer unjust stigma and unconstitutional torture or punishment.
Every case going forward from this point has one common issue, and that is that the foundation of the laws (The High Re-offense Rate) are in fact based on false and misleading information from politicians, victims advocacy groups and clinicians (Treatment Providers); as well as others that are involved in the sex offender industry, who have carried a hidden agenda or fiduciary interest in continuing the myths.

So where in fact can the proof be found amongst all these lies? The proof is in literally hundreds of independent studies (1*) done by individuals and organizations, as well as state and federal governments that prove that justification for the laws are in fact lies. Not surprisingly in many of the studies the researchers attempted to try and conceal the facts of the lie to justify the existence of the laws. When the laws were passed by our Government, they justified them with numbers as high as 75-90% which would in fact, possibly justify some of the laws. The percentages for recidivism are in the single digits, that is less than 10% (2*); and when the group that has been created by these laws are looked at as a whole, not subdivided into little groups, the number goes into the lower single digits.

Even at the time of the original formation of these types of laws the information was out there, some dating back into the 1960s. For example, the Jack study, as cited in Furby, Weinrott & Blackshaw, “Sex offender Recidivism: A Review”(3*), in 1989 looked into non-treated offenders, and showed the re-offense rate of 1/5th of 1% per year over a 15-year period. Another interesting facet of the Furby study is how their comment was taken out of context. Since the study was to see the effectiveness of treatment programs on sex offenders, people point to the first portion of the comment “There is as yet no evidence that clinical treatment reduces the rate of sex offense.” Furby and her colleagues’ second portion of the statement has been omitted from most other reports, where they stated: “The recidivism rate of treated offenders is not lower than that for untreated offenders; if anything, it tends to be higher,” quite simply meaning that the treatment programs increase the possibility of re-offense. It is now known that as a whole, people on the registry (not specific groups of people being released from prison or treatment facilities, but the entire registry) have a re-offense rate in new sex crimes of less than 3/5th of one percent. (Nebraska sex offender registry study July 31 2013). This Nebraska study is the only one in this country that actually looked at the entire registry within a state and not specific, closed groups.

Looking at the primary moving cases, 2002 case McKune v. Lile, 536 U.S. 24, 33 (2002) and the following year in Smith v. Doe, 538 U.S. 84 (2003), the basis for the courts constitutional conclusions were based on flawed facts presented by the Solicitor Gen.’s misinterpretation of an amicus brief, that was filed in the cases where a clinician had made a statement that was not backed up or supported by any empirical data that people with sexual crimes re-offend at 80%. Recently this error by the United States Supreme Court was brought to the forefront by an article which started a firestorm of criticism. (4*) Note that Justice Kennedy’s magic words about the recidivism rate of sex offenders – frightening and high – have been cited 91 times by courts around the country, most in the course of upholding state laws allowing for severe ex post facto punishments that can last from years, to decades, to a lifetime. The laws were passed based on studies that since have been proven false and inaccurate (5*) and all the recent studies have shown no high propensity to re-offend.

So how do we attack the foundation of the laws? First of all, we must define that foundation. In the Nebraska study completed in July of 2013 (6*) Researchers found over the entire existence of the registry that the re-offense rate in Nebraska came out to 3/5th of 1 % per year. No one in their right mind can call that high, and yet Nebraska continues to have a registry and within the codification of that registry the very first reason for the existence of it is found at 29-4002. (Legislative findings.) “The Legislature finds that sex offenders present a high risk to commit repeat offenses.” Since this statement has been proven to be untrue by the research done at the request and paid for by the Nebraska legislative body, there no longer exists a reason to justify the registry. However, the Nebraska Legislative body continues to ignore the information provided by the study that they authorized, which destroys the lives and families of registered citizens every day.

The state and federal governments spend billions of dollars each year on registry regulations alone. They make new laws or hire new officers just to make sure registrants are home, all while robbing your children of better school funding for band class, sports or while neglecting the homeless that freeze in the winter. What could we do with billions of dollars that would be saved if the Registry was proven to be an atrocious falsification? Could we ensure our children’s schools were funded properly to handle children with disabilities instead of having to seek private schooling? Or could we make sure our homeless veterans had a warm place to sleep instead of freezing to death in the country they fought for? (7*)

How many other laws, rules and regulations have been formulated and put into effect based on false information? I ask that we realize our power as a group of citizens, and ask ourselves: do we want to be free of unconstitutional regulations that cost not only the registrant, but also their families money, humiliation, and pain. We as a collective of American citizens must stand together and bring the false information and the lies used in the formulation of laws, rules and regulations to the very doorstep of those who would squander our freedoms.

 

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