Case study Pedophile Housing - Research Paper Example

However, some argue that the offender's civil liberties are being violated in conjunction with these laws. In regard to Ms. Abaca's decision to change the current legislation she must consider the different types of offenders. The federal government requires the federal registration of all sexual offenders to register under the Sex Offender Registration and Notification Act. However, sexual offenders can be further classified by their crimes. All sexual offenders have committed a violation of the victim's privacy.

However, this violation can differ based upon classification. Presently differentiations divide sexual crimes into two categories. According to the United States Department of Justice (2008), "(i) any type or degree of genital, oral or anal penetration , or (ii) any sexual touching of or contact with a person's body either directly or through clothing" (6). However, there are strong differentiations between the two categories. Penetration of the victim's body is a serious violation of both the victim's civil liberties and personal space.

In comparison category two as defined by the federal government is a broad category. These differentiations raise ethical questions if offenders that do not penetrate the victim should be required to register with both the federal and state sex offender registries as this maybe construed as a violation of the offenders civil liberties. The age of the victim plays an important role in sentencing the offender. Aggravated factors include imprisonment, kidnapping, making videos, prostitution of minors, possession/distribution of child pornography and any type of sexual violations that involve a minor.

Currently sexual offenders cannot live within a specific distance of schools, churches, daycare centers, park and community centers. In certain states sexual offenders are not allowed to work within a specific mileage of these places. However, one can argue that this is not just to have broad rules and restrictions placed upon all offenders. Sexual offenders that do not have aggravated circumstances (which include the involvement of a minor) are classified into the broad classification of rules applied to sexual offenders.

Like other offenders these offenders that have not committed sexual offenses against minors and do not have aggravated circumstances are not able to reside or work within a certain distance of places that involve children. These circumstances are unjust to these offenders as these limitations do not allow for the offender to pursue life in many different aspects. To further complicate the differentiations among sexual offenders, individuals over the age of 18 can be prosecuted for having sexual interactions with individual's fewer than 18.

Although, this may appear to be a valid and important point there are instances in which this categorization can be unethical. For example, is it ethical to prosecute an 18 year old senior in high school that has had sexual interactions with his sixteen year old sophomore girlfriend In these cases, should the individual be forced to register as a sex offender for the rest of his life Instead of focusing on ethics these cases often slip through the system and are meant to be exemplary. According to Students Against Destructive Decisions (2007), "Currently 46.

8% of all high school students report they have had sexual intercourse." With regard to these statistics one must wonder if it is fair to punish as eighteen year old senior that is having sexual