Spectrum posted an article today asking the question; “Many first-time sex offenders on the spectrum may not understand the laws they break. How should their crimes be treated?”
Many autistic individuals become embroiled in the criminal justice system because they commit offenses without understanding the implications of their actions or the law. Often these are sexual offenses.
The consequences are registration as a sexual offender, which is a status that can prevent them from receiving the social services they needed in the first place. Registries also further isolates and stigmatizes people on them, which further devastates people with Autism.
The article points out that he 2018 sentencing guidelines for U.S. courts directly acknowledge that shorter sentences may be warranted when a defendant’s mental capacity contributes substantially to the commission of the offense, but there has been no movement on that front and then there are minimum mandatory sentences in many sexual offense cases, which tie the hands of judges.
Sex offender registration and people with autism has been a topic circling our periphery for quite some time, but with so many registry issues to address, it’s just one of many topics to take on. It deserves more attention, but at this point, it is just one more reason why this population cannot be treated as homogeneous and why the registry cannot be treated as a “one size fits all” solution.
Many of these so-called sexual offenses should not be offenses at all.
A tyrannical and puritanical government that imposes these on the population, after first deluding and terrorizing them, is the problem. Not people’s natural healthy sexuality.
We must not fall into the trap of legitimizing such laws and the poisonous authorities who impose them.
The reality is that many if not most of those who are on the registry, got there by causing sexual harm of one sort or another. Were we to de-register all those who were falsely accused, Romeo-and-Juliet, or peeing in a park, there would still be many remaining. The question is, why don’t we make it easier for them to turn their lives around?
This book is a must read on the topic!
https://www.amazon.com/Autism-Spectrum-Sexuality-Law-professional/dp/1849059195#reader_1849059195
I am a firm believer that many sex offenses are committed under circumstances that temporarily leads astray a person of otherwise good character. I believe very few aspire to be a lifetime sex offender. Life is so much better when we live in an atmosphere of self respect and respect of those around us. I believe the registry, if we have to have one at all, should be based on those who are truly a danger to the public and to themselves. The low recidivism rate is witness to this. The secret is finding a legislator(s) who understand this and are willing to put their convictions on the line.