Even in Death, the Punishment Continues: The Registry That Doesn’t Let Go
A grim ethical paradox has emerged from Canberra when a convicted sex offender with terminal cancer died by voluntary assisted dying in prison. A victim has mounted a campaign to pass a law that would prohibit voluntary assisted dying (which is apparently legal in Australia) in prison, feeling “robbed” her perpetrator died on his terms. Lawmakers there indicate that they are not inclined to change the law. According to an article in The Canberra Times, Member of Parliament Sue Higginson said she would not support any moves to change the laws, because the prison system was “about justice, not revenge”. “People who are imprisoned, even for terrible crimes, do not deserve to be tortured and must be treated with dignity and respect … this is a matter of law and humanity,” she told AAP.
In Florida, however, the punishment continues in dying and even beyond death. The state keeps deceased individuals on their digital shame board, visible to anyone searching their name. The Florida Sex Offender Registry even has a category for “deceased”! For what purpose? It’s not about safety or monitoring. Having deceased people on the sex offender registry serves no posthumous function other than to continue to shame them even after death.
The practice is just more evidence that the sex offender registry is punishment. If registries are to exist (which we vehemently argue they should not), they should be dynamic — reflecting an individual’s current living risk, not lifetime penance. It’s why organizations such as the Florida Action Committee are fighting to introduce legislation that would remove the elderly, ill and physically or mentally compromised individuals who have no realistic capacity to reoffend from the registry. This would allow them to access assisted living facilities and nursing homes. But in Florida retribution has no end, those who’ve paid their debt — and even died — can never escape public condemnation. This is something that needs to change.
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When my husband died in January of 2024, his attorney sent a letter to FDLE asking that my husband’s name be removed from the registry. The letter stated that FDLE has three reasons for keeping people on the registry for one year after their death:
(1) To notify the victim of the death
(2) To notify the community of the death
(3) To notify law enforcement of the death
In the letter, the attorney addressed all three reasons given for keeping someone on the Florida registry for one year:
(1) The victim was a family member and knew of the death
(2) An obituary was run in the Jacksonville Florida Times Union newspaper and the Gainesville Sun newspaper. The obituary is also online. The community was notified.
(3) I brought the death certificate to the registration office as soon as I received it–something I was not required to do. Law enforcement was notified.
FDLE replied to the attorney’s letter. In no way did they argue with the attorney’s statements. Instead they stated that they must treat everyone the same way: All PFR’s must stay on the FL registry for one year. One-size-fits-all mentality. It did not matter that there was absolutely no need to keep my husband’s name on the registry except to shame me as his wife.
One year after my husband’s death, his name was removed from the registry.
With so many people having their name remain on the registry for years, I am sure my husband’s name would still be on the registry if not for the fact that I had the money to pay an attorney to contact FDLE. FDLE knew I was ready to take legal action if the name was not removed promptly after 12 months. They were right; I would have had a lawsuit filed if the name had not been removed when it was.
Many people are not as fortunate as my husband was. He had me to fight for him and the money to pay for an attorney. Most registrants do not have the help that my husband had, thereby remaining on the registry for years, going through the shaming process.
The bitterness in my heart remains for what was done to my husband and me, along with all people forced to register and their families. That is why I have stayed in the fight. Sarah
Sarah
I am so sorry you went through that. May the Lord bless his soul and be in peace.
Jack
Has no case ever been brought by the family of a deceased PFR to require the FDLE to immediately remove them from their database once an official death certificate has been provided?
ALAN
A family can pay to get their deceased loved one removed. Although a crappy thing to have to do, it is far cheaper than a lawsuit in many cases. But, having said that, I agree, it should be automatic. Furthermore, none of us should be on the “Extra add-on punishment” registry.
Whom does the family have to pay? How much?
Jacob
You have to hire a lawyer that specializes in Registry removal. Not sure where you live but their is a list of them on the F.A.C web page. The attorney would be who you pay. And it is a LOT easier to get someone removed that has passed away than alive because the courts cannot justify that person is still a threat because, well they have passed away.
In a perfect world, it would be automatic but in a perfect world, none of us would be on a registry.
* If you are in Florida Attorney Ron Kleiner is who a lot of people use
You don’t need an attorney to remove someone that is deceased.
My tier 1 offence was in SC, and I live in FL This guy wanted twice the amount ($10,000) to try to get me removed for peeping in 1997. I have the forms, and I’m going to try to get myself removed in SC and hope FL will remove me also.