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Spokane, Washington  Est. May 19, 1883

Opinion

Society must mobilize against sex offenders

Bill McCrory Special to The Spokesman-Review

I n the wake of the murders, kidnappings and sexual attacks on two minor children at Wolf Lodge, Idaho, lawmakers will be rushing to write or endorse legislation making violent sexual crimes even more illegal than they already are.

Passing more laws will not persuade violent offenders not to reoffend. They are criminals. They offend. That’s what they do.

Jacob’s Law, Megan’s Law and Carissa’s Law did not prevent the crimes with which Joseph Duncan has been charged. Had Dru’s Law been in effect, it wouldn’t have caused any active, dormant or latent sexual offender to say, “Gee, I’d better not do this.”

Still, legislation can help prevent these crimes. Laws that gives the non-deviant rest of us tools to be more alert, more aware and more proactive in prevention will make it harder for the violent offenders to succeed. The prey must learn to outsmart the predator.

What can we learn from the sexual predators among us?

“We cannot yet rely on statistical analysis of past offenders’ behaviors to reliably predict any specific individual’s future behavior.

“Sexual gratification may be an important motivator for the offender, but the result is violence to the victim. The sexual component of the offender’s behavior must not obscure, minimize or rationalize the violence inflicted on the victim. Only for the attacker is it about “sex.”

“Current sex offender registration is effective only when the offender is already committed to compliance. Effectiveness is offset by offender mobility. Gaps allowing offenders to drop out of sight must be closed. There must be timely “handoff” tracking between states. “Timely” means now, not in a day or a month. There must be federal funding and training for criminal justice agencies to establish and maintain networks that will “talk to each other” to register and track sexual offenders in real time and to enter any “change of status” immediately into a national database. An offender failing to meet the time-check requirement must be presumed to be intentionally absent and intending to commit a violent act. That should trigger a national apprehension effort.

“Sexual predation is a national mental health and criminal justice problem that requires national cooperation with, not domination over, state and local governments. Political boundaries are meaningless to mobile sexual offenders.

“Sexual predators have very individual behaviors, including “normal” behaviors that enable them to blend into communities for years. Dennis Rader, the BTK killer, is a good example. It is the appearance of normality that lets them operate unsuspected and undetected.

“Though we and law enforcement would wish otherwise, sexual predators do not consistently conform to behavioral profiles that reliably point to an as-yet-unidentified suspect. Once a suspect has been identified, behavioral profiling can help investigators structure surveillances, searches and suspect interviews more effectively.

“State offender classifications cannot tell the whole story about the offender’s danger level. There needs to be federal funding for continuing research into more complete and reliable assessment and classification methods that are consistent between states. A “young and stupid” man of 19 who engages in voluntary, cooperative intercourse with a girl of 16 may not belong in the same classification as an equally “young and stupid” man of 19 who forces himself involuntarily on a girl of 16.

“Regular, frequent reassessment of offenders to upgrade or downgrade the offender’s classification is essential. Downgrading includes complete removal from system when warranted. Appropriately removing some past offenders assures public resources will be focused where the greatest need is – on those likely to reoffend and those too dangerous to ever be out of custody.

“When indicated and with regular independent review, states need the authority to confine sexual predators in mental health custody facilities after state criminal incarceration terms have expired.

What can we do to protect ourselves?

“If we accept that trying to modify a predatory sexual offender’s behavior may not work, then we must modify our own behaviors so we become less attractive as prey. We must learn how sexual predators identify, observe, stalk and attack their prey and then develop our own personal and family defense strategies and practices.

“We must learn to accurately observe and report suspicious behavior to authorities. And they must listen. Criminal justice agencies must work in meaningful cooperation with their communities. With community cooperation, law enforcement has a much better chance of successfully intervening before sexual predators attack.

“Elected and appointed public officials need mandatory and recurring education about sexual predation. Lawmakers and public administrators will do their jobs more effectively from a position of knowledge rather than ignorance.

“Certain state licensees whose jobs bring them into more frequent contact with the public also need education. These licensees include real estate agents, lawyers, security practitioners, educators, mental health and medical professionals and foster care and elder care residence managers and staff.

We must learn from the practices of past predators. We must refuse to be victims, and we must refuse to allow those whom we love and care about to become victims.