Sex Offenders Register and redemption
Posted by Dyfed on Thursday, February 17, 2011
Under: Random
News emerged yesterday that the UK government is to
allow sex offenders to ask for a review of their status on the sex offenders
register. This follows a ruling by the Supreme Court in April of last year.
Many a tabloid will have screaming headlines on the issue today – but for the
facts of the two cases dealt with by the court why not read the ruling for
yourself.
Both the Home Secretary and the Prime
Minister displayed a lot of anger about the ruling, claiming that unelected
judges were over-ruling parliament and it was spun that the rights of offenders
were being put above the rights of victims. But if they truly want to help the
victims of sex offenders – who more often than not struggle with lifelong
mental health problems, sometimes descending into a dark pit of despair,
alcohol and drug abuse, and even some end up becoming abusers themselves – they
should invest heavily in counselling programmes, radically overhaul the mental
health system and provide long term support. In fact, punishing the offender a
bit more harshly makes very little difference at all to the victim – but giving
them proper support through their trauma would.
But let me turn to the substance of
yesterday’s announcement. Under the Sexual Offenders Act 2003 everyone
imprisoned for more than 30 months for a sexual offence is placed on the
register and stays on it for life without the possibility of appeal at any
stage. As the judge said, ‘This duty persists until the day they die’.
Regularly reporting their name, address and other details to the police –
especially when they move – may be an onerous task but it does help the police
in keeping tracks on people who could be a danger to the public. Many other
countries have a similar method – though it has to be said that most of those
do have a right of review.
And it is this right of review – or the
lack of it in the UK – that was the
subject of a number of court cases and which ended up in the Supreme Court last
year. The cases of two males were dealt with – one of whom offended when he was
11 years old. They claimed that the duty to register interfered with their
right to a private life under Article 8 of the Human Rights Act – in particular
since there was no opportunity to ask for a review of their cases. They were
not arguing that should never have been on the register or that such a register
should not exist – only that there was no review. The judge also was very clear
that the register is a helpful tool for the police as they seek to protect the
public. No where in the judgment is it suggested that the register should not
exist. But he did agree with the view that the lack of right to review breached
their human rights under Article 8.
A right of review would be based on the
possibility that people can change and become better people. Contrary to
popular opinion most sex offenders do not go on to re-offend following a term
in prison. Before doing some basic research last night I too was under the
impression that sex offenders – especially those who abuse children – are
locked-in to a lifelong cycle of re-offending. But according to many academic
studies, this is not the case. (You can find some of these reports here, here,
here and here. There are more available.) And this, surely, is key piece of
evidence.
The right of review should not be
automatic; it should not just kick in after a set number of years. The bar for
being removed from the register should be set very high indeed and a whole
number of professional people should be involved in the assessment of the
ex-offender. If there is any doubt then clearly the person should not be
removed. It may be that only a tiny minority are able to satisfy the criteria;
it may even be that no one manages to do it. But that there should be a right
of review, for me, is clear.
I base my view on the central Christian
teaching of redemption. Maybe I should even refer to it as ‘the central
teaching’ – because this is what the gospel is all about – God’s transforming
love available to all no matter what the condition of their life has been. And
redemption isn’t just a theory or a concept; it isn’t something that’s
interesting to read or preach about. It is practical and life changing; it is
real. I’ve been changed by it and so have most – if not all – of those who read
this blog. It’s what we live for.
And redemption shouts out one heck of a
message to the world – to every single person, to all of creation – yes, even
the sex offender, there is hope of restoration. To those who aren’t believers,
of course, this message is just as much a stumbling block today as it was in
the first century. But I am a believer.
Of course, this makes me a total hypocrite.
Here I am, calling for a key Christian truth to be made foundational in our
criminal law and yet for months I have hinted that the church has to accept the
new landscape that is the West – where Christian values no longer form a part
of our society or its laws. Some of you have argued against me. But we can be united
on this one. Can’t we?
In : Random
Tags: redemption
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