The below are some excerpts from an article that appeared in FeminismIndia.com
Assumptions Vs Reality Check – Is It What They Think It Is?
Recidivism
For one, the basic premise of a sex offenders’ database is that convicted offenders are more likely to commit the same crime again. But NCRB data shows that the percentage of recidivism by convicted offenders was only 6.4% in 2016. The rate of recidivism specifically for sexual offences is unknown because the NCRB does not have appropriate data as per response to the RTI filed by Amnesty International India. Amidst such lack of data and research around crimes of sexual violence, the government has put this registry that is bound to be an ineffective list.
Vague Definitions
Secondly, the registry categorises offenders posing low, moderate, or high danger. This seems to be a fuzzy categorisation that could facilitate misuse. ‘Low danger’ offenders include people charged with ‘Technical Rape’, which may also include consensual sex which is blind to the idea of consent. Offenders posing ‘moderate danger’ would stay on the registry for 25 years and this includes people charged under sections 67 and 67A of the Information Technology Act, which criminalises ‘obscene’ material.
Effect On People Who Would Want to Report Against Sexual Violence
Thirdly, one of the major assumptions is that victims/survivors of sexual violence want to report such violence and anonymous reporting through the cyber crime portal will make that possible. According to 2016 government data, out of 38,947 cases of reported rapes in India, the accused was known to the victim in almost 95 percent of the cases. In nearly 4,000 cases, the accused was a close family member. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting.
Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism – thus, defeating the very purpose of the registry. Sex offender registration could be slow death by humiliation.
I’ve heard other states will honor Florida’s lifetime registration requirement if you move into the new state but the kicker to me is if you were only required to register 10 years in your state of conviction and you move to Florida before you complete that obligation Florida requires you to register for life not honoring the original sentence handed down by the state of conviction. Please correct me if I’m wrong but how is that fair by any Streach
I don’t want to sound like the bad guy here. I just wanted to say everyone worry about the 10/20 year mark. Unless you at that mark within a few months( I have 35 mos. left). You are running around like a chicken with its head chopped off. I have Fla. Conviction and live In Arizona. I feel that the negativity has impacted each of us. When you worry about tomorrow you rob yourself of today. I know it hurts and painful to remain on the Registry I am on it too. You cause stress and heartache not to just others but to yourself as well. Remember you can not control tomorrow but you can control today with your actions and thoughts. By being positive person in the chain,others can gain strength through your actions,deeds and thoughts. Please stop worrying!!!! No Faith or Trust? Only you can answer that from your heart! I am not telling anyone not to write down anything but I am writing to let you know that destructive words and negativity do have affect on others.
A 1999 conviction did not have any registration but was implemented retroactive several years later. talk about punishment. IT’S for life now not what the court sentenced at the time. Good luck
Killed me, i done with this country
Yet you are effectively back in prison as you cannot leave (IML) and you cannot vote to change the environment you have been restricted to. How is this not making or sentence harsher.
On a side note, I believe that anyone who took a plea with a certain set of circumstances should be allowed to withdraw from the deal as the state has modified the consequences. There was only a one time registration (for law enforcement use only), no S.O. list (which goes against my judge’s specific order of no community or public notification), and only be a predator for 20 years. Now there is all this crazy crap: temporary addresses and such. This was not the agreement a lot of us signed up for. Are plea bargains not legal contracts?
Sorry for the rant, just letting off steam. 🙁
Has anyone ever had success with being removed from the registry in Florida once they were removed from the originating state. For example a person was removed and forgiven by the state of New Jersey however he still has to register in Florida.
No – the corrupt politicians and law enforcement do NOT want the numbers to get lower (which is why they lie about the conditions of plea bargains) – in fact, the overwhelming vast majority of those listed on the useless Florida registry do NOT even live in the state (I myself have not stepped foot in the state since 2004)!
Florida lies about the number of registrants in the state to keep the population there in constant fear! There is a potential class action suit about correcting this but there is nearly no interest for some unknown reason.
FACT IS: Most of those listed on the Florida Sex Offender Registry have more integrity, higher moral values, and honest character than nearly everyone currently working in Florida government, law enforcement, and the legal system in Florida.
It REALLY is that corrupt. Just look at Lauren Book as a prime example of a self serving, self promoting professional victim politician! Pathetic
Well said!
That would be good to know, I am also interested in cases that are 25 years or approaching 25 years where you can ask for relief if your designation is sexual offender and have no other convictions. I wonder if there is any such case that a person hit the 25 year marker and asked the sentencing court for relief and actually got off…and if denied, what reason did the courts give them.
You can do a public information request to find out this information.
Since Florida’s sex offender registration law went into effect in 1997 (I think), the earliest anyone would be eligible for relief would be around 2022 under the current version of the statute. Of course, we’re all hoping that before then the ex post facto challenge will be successful, in which case some of us would go back to the prior law requiring registration for only 10 years starting from the end of probation (or release from incarceration, if there was no probation afterward). Although that “10 year registration” law was in effect only for a little while (I think until 1999), for those of us whose offenses fall within that window like myself, that would be a huge victory.
@ RM About right I been clean 7 years and less than 3 more to go, Arizona has 10 year min.and life since They don’t look at Floriduh conviction. I surpise myself. If I could get off that crap section 8 housing!!!! My rent and electricity bills eat my whole check up, I just hoping the ex factor case does it better then F.l.d.e has no choice to play by the rules That crap SORNA did nothing but hurt families and unemployment go up
Yes wouldn’t it be great for at least some of us to have the opportunity to get some of our lives back…
Pretty sad commentary that just tonight there is a hearing about a new potential supreme court justice who will decide these very things ultimately and this one is being accused of – wait for it – yes, sex crimes!
You think we have a chance in hell when those on the supreme court have to deal with this in America?!? Forget about it
wow so what you are saying that if your conviction was in Florida and you moved to Arizona (ofcourse fully free no probation or what not except to register) Arizona does not look at your Florida conviction to apply it to their stringent registration laws. I really would like to be made of this fact.
” I really would like to be made of this fact. ”
Same here. I think some states if not all, look at your conviction/charges from your own state and rank you to their own when you move there. You can be a level 3 in your state and be classified a level 2 in your new state. Now, I think some states if not all – not sure, do have you serve the full length of registration. For example if you’re from Florida – lifetime registry and you move to a state that their limit is 20 years of registration, they will have you serve lifetime registration because that is what you would of served in Florida. I read something like this a while back, so I’m not sure of the specifics. Especially now.
I actually had this happen to a client of mine. He transferred from Florida to another state and they said that since Florida has lifetime registration that he will also be required to register a lifetime in the new state that he moved to. Now I don’t know if all states follow that rule but this particular state that he moved to did enforce the rule (Pennsylvania, and Kentucky)
my conviction dates back to 1991 from New York state. after getting a lawyer up there and putting my history together for about a year, New York board of examiner granted my modification and recommended my level 2 to a level 1. As a level 1, your off the registry from New York state after 20 years. however that don’t mean squat here in Florida… In this great state there’re different animals here, but you have to start back where the crime happen…. Florida might one day get out of the stone age, so i have to say one challenge at a time. Keep the faith!
I have never been made aware of this actually happening and if a person convicted in another state and foolishly moves to Florida obtains legal residency in Florida then they MUST follow Florida law.