The Sex Offender Registry is an extremely flawed system that is ineffective and poses a danger to both the public and those it deems ‘offenders.’ The state of Michigan requires individuals convicted of felony sexual offenses to register between the 1st and 15th of January, April, July, and October of each year. Those convicted of misdemeanor offenses and required to register must do so between January 1st and 15th of each year.
In Michigan I know a man who has consistently performed the duties required of him by the law of this state. He is in possession of paperwork and two witnesses who have accompanied him during this process. He has done everything required of him and worked extremely hard to build a life for himself around this terrible stigma.
One day completely out of the blue he is presented with a publication that blatantly proclaims that he is one of a large group of offenders that are non-compliant with the law, what is termed as an ‘absconder.’ Understandably overcome with panic and gut-wrenching fear this man pushes past the humiliation and investigates further. The publication lays claim that their source is the Michigan State Police Sex Offender Registry website. This publication goes one dangerous step further and states a ‘big reward’ is being offered for the information and capture of these purportedly dangerous criminals professed to be on the lamb. Now he is not only confused but terrified as well.
You see like so many other Americans this man in his youth had been involved in a relationship with his teenage girlfriend. Despite the fact that the sexual relationship was consensual and no one was even remotely interested in pressing charges the state chose to pursue the case of its own volition. It is a common story, a travesty that hides behind absurd and draconian laws. Laws that refuse to acknowledge the voice of all parties involved.
Now this man in his more mature years continues to carry the burden of a label that demonizes him. It is a label that haunts his every movement despite the fact that he has had no run-ins with the law before or since this incident in his life. The Scarlet letter has been seared into his flesh and despite all that he does he continues to be viewed as a monster, a pariah for the remainder of his life. The majority of people unfamiliar with his circumstances do not question the label. He wears the stigma of a sex offender and so he is automatically assumed to be a monster.
This publication claims that there is now a bounty on his head and he is fearful not only for his life but for those close to him as well. His job and the jobs of those closest to him are at risk. His life and the lives of those closest to him are at risk. Despite his pleas his friends and family refuse to leave his side. He is not alone in this fight. He is one of the fortunate ones, they will stand together. It is a testament to his character and the true person that lies behind that Scarlet letter.
The possibility of some yahoo deciding to take up action against him based upon false information is now all too real. The promise of monetary compensation especially during these hard economic times places his life at risk. He is a target and there are those who look for any excuse to act out against another, their actions justified by the wanted sign seared on his flesh. That may not have been the publications intent but when placing up a wanted poster and stating ‘big reward’ it is not hard to imagine the consequences. The Equal Protection Clause of the 14th Amendment is clearly being violated here. The problem lies with incompetent, amateur journalists not doing the proper and necessary research as well as erroneous and substandard record maintenance among other things.
This man takes immediate action accompanied by two witnesses and presents himself to the local police department to clarify the situation with the full intention of turning himself in if there was indeed a warrant that had been mistakenly issued. He is notified by the police department that he is currently compliant and that there are no issues. The Michigan State Police Sex Offender Registry states otherwise. Tips are submitted stating that the information is incorrect and that the website status for this individual needs to be updated immediately. To date this has been done several times and upon completion of this article the website still has not been updated.
This man is not a sexual predator. He is not a monster or a threat to anyone. He was poor, young, and had received extremely incompetent representation when his case had come to light. He has all the makings of a victim but refuses to accept these terms. His friends and family continue to support him. He has struggled and worked diligently to create a life for himself built around this travesty in his life.
Unfortunately this is an all too common occurrence this day in age. The system continues to lump together truly dangerous felons with those who are of no threat; good, decent people who had made a mistake, paid their dues, and are trying to make something out of their lives only to be knocked down by a severely flawed system and ignorance. By hurting these good, decent people we are not protecting the children and our communities but rather harming them. The real monsters are left to prey on innocence while our focus is being diverted. This is an atrocious example of bait and switch.
This is predominantly why the Sex Offender Registry and many of its laws fail so miserably. The law enforcement community cannot keep up with the massive influx of registrants and are forced to divide their attention among them all. Instead of focusing primarily on the truly dangerous threats they are forced to spread themselves far too thin. This allows for the real monsters to run amok and wreak havoc inducing fear and panic. If we truly want to protect our children and communities, if we truly care for justice and our own safety then we must reform these laws now. The system is crumbling in on its own weight having been constructed very poorly. It is harming those it is suppose to be protecting.
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