How Childhood Immaturity Is Criminalized -- Giving Kids A Record For Life
There are sex offenders in the way we think of sex offenders -- people who commit horrible sex crimes on children or others and are likely to reoffend.
And then...there are children and teens who get caught up in the laws with provisions to alert people to the presence of sex offenders. Sometimes, these teens are guilty of no more than public urination.
Eric Berkowitz writes in The New York Times about some of the lives derailed or ruined by this:
In about 40 states, juveniles are listed on sex offender registries, often for their entire lives. In about 19 states, there is no minimum registration age. Prepubescent children are listed along with violent adult sex criminals. While precise data is unavailable, it appears that as many as 24,000 of the nation's more than 800,000 registered sex offenders are juveniles, and about 16 percent of that population are younger than 12 years old. More than one-third are 12 to 14.Many of the kids branded as sex offenders are guilty of nothing worse than public urination, exposing themselves or having consensual sex. In her career as a criminal defense lawyer for juveniles and a researcher on juvenile sex offenders, Nicole Pittman, now a vice president at Impact Justice, defended or reviewed about 2,000 juvenile sex cases. Most involved what she called "normative" sexual behavior and "experimentation." Nevertheless, on many sex offender websites, there are juveniles' photos, names and addresses, and even maps to their homes.
It started in the late 1980s and early 1990s, when several child abductions and murders set off a panicked explosion of sex offender laws. The lists were expanded and put on the internet, while the number of registrable offenses grew and restrictions on sex offenders' lives multiplied. Add to this the prevailing (and later debunked) idea that there were remorseless juvenile "superpredators" roaming the cities and "kids were swept up in the general hysteria," said Elizabeth Letourneau, director of the Moore Center for the Prevention of Child Sexual Abuse at the Johns Hopkins Bloomberg School of Public Health. The idea took hold that kids who transgressed sexually were the same as adult sex offenders.
By 2006, about 32 states had sex offender laws registering juveniles. That year, the federal Adam Walsh Child Protection and Safety Act mandated, for the first time, that certain youths 14 and over be registered in the state where the violation occurred. (Once that happens, the person also goes on the national registry.) The law also said that offenses such as indecent exposure and public urination had to be included. At least six states now require juveniles to be on the register for life. Given that state and federal laws have grown into an often conflicting tangle of requirements and penalties, there can be no end to some kids' ordeals.







Formal sanctions are an instrument of state terror. The ultimate goal is to criminalize daily life for all of us, coupled with the omnipresent threat to unlimited, consequence-free violence inflicted by agents of the state.
Lastango at August 1, 2016 10:56 PM
Here's a kid federally charged for having a bit of pot.
http://mimesislaw.com/fault-lines/were-still-doing-this-teen-federally-charged-for-a-pittance-of-pot/11774
He could be fined $1K and spend a year in federal prison.
Amy Alkon at August 2, 2016 5:49 AM
This also dilutes the impact of being labeled a sex offender. You have to ask these day what the offense was. Get drunk and pee in an alley? Rape a 5 year old? It's all labeled the same. Which is the same issue with feminists and rape. When someone is labeled a rapist people understandably ask, rape or rape rape? Fake rape or real rape?
Ben at August 2, 2016 6:04 AM
Since the Salem witch trials, has there been any popular movement in the U.S. as insane and harmful as the 1990-era child ritual abuse panic? These days, for people who want to be demagogues, it seems like all they have to do is mention "child sex abuse" and they get a political blank check. If you challenge them, you're at best a rape advocate.
The number that Berkowitz didn't quote in her recital of the statistics is the percentage of those juveniles on the registry who are boys. That's probably because the stats aren't available; researching the issue is pretty much taboo, as this article points out. I would guess, however, that it's over 95%. In many states, even though the definition of rape has broadened, the law still holds that women cannot commit rape or sexual abuse, by definition. This is changing at least in regard to statutory rape, but it's still the case that women convicted on that charge usually get slap-on-the-wrist sentences that don't include being put on the sex offender registry. We all know that when a teenage girl sexts to her boyfriend, and the parents find the photos, it's nearly always the boy who is charged for having the photos. (Although there are some bizarre cases where the girl has been charged with production of child porn for photographing herself.)
One of the most glaring failures of feminism is its total refusal to admit that there is such as thing as sexual abuse committed by women. Among other things, it leaves lesbian victims of abuse out in the cold. You'd think they would at least care about that, but no. Making an issue of it would damage the narrative.
Cousin Dave at August 2, 2016 6:42 AM
Anyone who has been around kids knows they don't have well-developed judgement. So scientists studied it. The male brain doesn't mature until around age 25. Car rental companies were among the first to make use of the science. Maybe the Justice Department could go next?
http://www.npr.org/templates/story/story.php?storyId=141164708
Canvasback at August 2, 2016 7:07 AM
CD, you forgot about the one where an older woman had sex with a younger man, so he was charged with statutory rape. After all, statutory rape had occurred and by definition only the man could commit rape. On top of that he got hit with child support. But hey, nothing says the law has to make sense. Illegal ice cream cones in pockets and wot not.
Ben at August 2, 2016 7:56 AM
I don't buy that brain maturity science Canvasback. The same methods and techniques show that brain 'maturity' is happening later and later in live in western nations. They aren't measuring what you think they are measuring. Physiologically there is pre-pubescent and post-pubescent. There are significant changes at puberty that change a person from being a physiological child to a physiological adult. As best I can tell all of the post-pubescent brain changes are sociological. People are as 'mature' as they are forced to be. As western societies have pushed back the age people are treated as an adult they've also pushed back the age people have to learn to behave like an adult leading to delayed brain development related to those lessons.
A brain is not like a liver. It's physical shape is partly related to the information stored in it. Which is why I can tell off a brain scan if you are the oldest surviving brother or sister. Not oldest born, but oldest currently surviving. If your older sibling were to die off your brain would change to take on some of the patterns his brain had as you took on the rights and responsibilities he had.
Your brain is only 'mature' at age 25 because society no longer has tolerance for your childish antics by then. You are forced to learn to be mature and hence you have a mature brain. Delaying those lessons delays the brain developments. In contrast the vast majority of girls (~90%) complete puberty within 15-17 years old while men complete puberty within 16-17 years old. 18 years old matches this physical change. Societal actions don't move this date for the vast majority (It can for a percent of people or so.)
Ben at August 2, 2016 8:14 AM
With each concocted bogeyman from which the government swoops in to save us ("think of the children!!"), our rights, which are an impediment to the control necessary for our "rescue", must be ever more curtailed.
I understand now! It's for our own good. We should be grateful. No one wants to stand in the way of "progress."
Jay R at August 2, 2016 12:16 PM
When someone is labeled a rapist people understandably ask, rape or rape rape? Fake rape or real rape?
Just had a conversation about this very thing with one of the 16 year old twins I'm raising. We were discussing football, talking smack really. He's a Bears fan, I'm a Peyton Manning fan - football is going to be desolate for me this year...but I digress. Anyway, he took a cheap shot and called Manning a rapist. I told him nope, he's not a rapist. He said "Grandma he held a woman down and rubbed his balls all over her face! That's rape!" After I informed him that isn't what really happened, and even if it was what happened, Manning was guilty of a sexual assault - NOT RAPE. Manning was an idiot for even engaging in that behavior to begin with and we talked about that for a few minutes. I told him he should think about his definition of rape. When everything is rape, then the meaning of rape is diluted, and it denigrates the victims of real rape.
sara at August 2, 2016 5:06 PM
Ben,
I agree that the brain changes to meet the challenges of the environment. One good book on the topic is "The Brain That Changes Itself" by Norman Doidge, M.D.
This is not incompatible with the theory that it takes up to 25 years to complete the massive architecture of the male brain.
My own young adult experience is anecdotal - 19, on my own, with my own business, but still a knucklehead. With maturity and some encouragement from the Washington State Patrol I was able to straighten up and fly right. And pretty much every young guy goes through that.
There's a ton (terabyte?) of research on it and I'm no neurologist - here's more from MIT:
http://hrweb.mit.edu/worklife/youngadult/brain.html
Canvasback at August 2, 2016 6:00 PM
The article you linked to Canvasback was all in favor of delaying responsibility because people aren't 'mature' yet. Even in your story the Washington State Patrol had to help you grow up. So lets say the WSP treated you like a minor. Would you have learned the same lesson? Would you have grown up? Or was the pain of that experience and integral part of the learning process? What if the WSP helped you to grow up sooner?
My experience is post puberty people are as mature as they have to be. I know 40 year old children and 60 year olds who never were mature. Delaying things helped no one.
Mind, I completely oppose what is in the main story. As I said, rape or rape rape? Sex offender or SEX OFFENDER!?!?! Who knows? The issue isn't age but a miscarriage of justice.
Ben at August 2, 2016 6:43 PM
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