Should there be a 'Sarah's Law'?

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As in Sarah Payne, a girl killed by a paedophile who has just been sentenced to life. Renewed callings for it to be revealed to (just local parents?) if a paedophile is living in the area. News of the World did something along these lines and it led to lynch mobs. Similar schemes exist in America I understand. I realise this is a very delicate area and am completely unsure. What about you?

Bill, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

No. Next question.

Pete, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Yeah, it's meghan's law here. I think the supreme court just ruled that this law couldn't be used to publicly publish the address and name of registered offenders, I think. But they do have to register and that info is available to those looking. You can look up your zip code and see if there are any sex offenders in the area.

Part of me says no b/c it's like continuing punshiment once a jail sentence is up; it can be an invasion of privacy. more practically though it could save children from becoming victims. I say this as a victim of a pedophile. I only wish people could have been warned about him.

Samantha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

The people who keep tabs on and work with paedophiles - who I pretty much trust in this situation - have said that renewable sentences might have prevented Sarah Payne's murder, but that 'Sarah's Law' would not have.

The News of The World can sell papers by printing juicy details of sex beasts, so of course it's dressing this up as a 'public interest', but bascially a 'Sarah's Law' would make rehabilitation well-nigh impossible by utterly destroying the only basis on which it can work. This isn't based on an inflamed concern for the 'rights' of sex offenders (though yes they do have rights, tough luck NOW). No rehabilitation = no trust between sex offender and probation officer = sex offender goes underground and re-offends, or is forced to associate more with other sex offenders who 'understand him' and the chances of changing behaviour further shrink.

There is an urgent and unresolved qn of what is to be done with compulsive sex offenders - treating it as a form of insanity which leads to crime rather than as a criminal tendency seems to me to be the safest thing. Ironically the tabloid description of these people as "sick" needs to be taken literally if we are to deal with them better.

(This is leaving out several more difficult qns - the fact that the majority of paedophile abuse is within a family or institutional setting, and the tendency for a highly sexualised society to both idealise and sexualise children, for instance)

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

i personally think no. perhaps better monitoring by the authorities, but when people are sentenced isn't that likelyhood or re-offence supposed to be taken into account? perhaps release occuring when deemed unlikely to re-offend.

i think this satisfies vengeance culture prevalent among the red top papers, and ignores the fact that most paedophiles are likely to be 'uncle steve' or some other family member with access to the children, rather than some shifty lonely figure in a mac that is more easily identifiable

gareth, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

tom's spot on.

Alan Trewartha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

The really difficult question - given that the bottom line in this argument has to be "how do we stop children being abused?" is how to prevent first-time offences. This is not a question the tabloids pay any particular attention to.

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

but tom you're assuming there is some attempt at rehabilitation. "Rehab" for sex offenders in the US is a f'ing joke.

Gareth I agree with you that this law doesn't speak to how most offenders find their victims. But I still think it helps. What about the father of your child's friend when they're having a sleepover? The babysitter? Perhaps the offender will be more circumspect knowing that his past is available to interested parties. I don't believe in encouraging vigilantism and I acknowledge these types of laws aren't the best solution. But I don't think the abuse potential is as high as people think. e.g. there haven't been a rash of public lynchings in the US b/c of meghan's law.

Samantha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Yeah of course the structure for rehab needs to be in place - this applies to all crimes, and the US isn't a particularly rehab-friendly nation as far as I can tell.

The basic question, though, is "is child sex abuse a crime or a sickness?". i.e. do we believe that offenders will be able to resist re-offending or not? The tabloid angle on this is that no, once a pedo always a pedo. But if so then surely this is a mental illness (if a very destructive one) and should be treated as such - i.e. care and treatment should be given and cures sought.

If that isn't true then the criminal justice system has to assume that once a crime has been punished, the assumption must be that the offender won't reoffend. This isn't a very sensible assumption in many ways because a lot of offenders obviously do.

Both Sarah's Law and renewable sentencing mix the two things - crime and illness - up a bit. But renewable sentencing is on the right side of things, I think. You keep a sex offender in prison for the duration of their sentence, then in a hospital for as long as you think they're likely to do it again. Then you move them out and privately keep tabs on them. The problem with Sarah Payne's killer (and Meghan's from what I remember) is that everyone involved thought he would re-offend but they had no means of keeping them incarcerated.

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

well that's nice, but perhaps the small infringements don't get reported in papers. i mean who's going to care to write the story -- poor put upon rehab paedo. maybe you missed the appalling acts we had here that were stirred up by the media in the wake of Sarah's disappearance. the one that sticks in most people's minds is the sheer inanity of the house of a PAEDIATRICIAN being stoned and graffitied. gah.

Alan Trewartha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Even the name is foul. I dearly hope that kind of dewy eye legeslation typical of the US (Patriot Act for basic revocation of a significant number of constitutional rights, wasn't it?) doesn't arrive here.

plus the obvious things abuot inevitability of vigilantism and the plainly obvious fact that the general public are, on some matters, fundamentally think and cannot be allowed to direct policy on such a highly complex psychological issue.

matthew james, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

I'm not familiar with renewable laws. Personally, I think Pedophile's can't be "cured" but should be rehabilitated to function in society without victimizing children.

I do believe it's a sickness but once that person takes it out of their head and assaults children a crime has been commited.

btw, the law in the us applies to all sex offenders (rapists, etc) not just pedophiles.

Samantha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Yeah, thats how the sex offenders register works here too.

The point of a compulsive mental illness though is surely that definitionally the sufferer does not have control over whether the compulsion is acted upon. If they did have control it wouldn't be an illness, it would be a crime pure and simple. So of course when a sex offence is committed you don't say "hey thats OK you're ill", you decide whether it is a result of a mental illness and if it is you accord that person whatever treatment you'd normally offer to the mentally ill. (In this case because the mentally ill person is a danger to society the onus has to be to remove them from society.)

I think if that principle is enshrined in law it might as well be extended - I would like to know for instance if my neighbours and colleagues have previous convictions for violence or robbery since clearly it will affect my dealings with them.

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Rehabilitation of sex offenders is NOT a joke. A recent pilot scheme implemented in the London Borough of Havering entails getting each offender to kneel down and bite the kerb, after which a bullet is administered to the back of the head.

A substantial proportion of offenders fail to re-offend after this treatment.

In the light of this unprecedented success, it is anticipated the pilot scheme will be extended to other London boroughs in the not too distant future.

Trevor, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Facetiousness aside, any talk of there being a "Sarah's Law" is pretty much redundant, given that it would not have saved the poor girl's life in this instance.

Her killer only received four years for the abduction of a nine year old girl previously, because somewhat inexplicably, the judge accepted expert medical evidence put forward by his defence counsel that he was not a pederast.

Any would-be "Sarah's Law" would not therefore have previously identified him as being a danger to local children.

Trevor, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

you're kidding Trevor, right?

Tom, I understand all your points and my civil liberties-minded intellect concurs. This is a tricky issue for me though as I realize I'm not the most subjective person. But I don't think that invalidates my opinions.

the man who assaulted me is due to be released from prison in 2009. He has received no rehabilitation. I'm not too concerned with how meghan's law treats him when he gets out because I plan on watching him like a hawk to keep him in line.

Samantha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Also of course because IIRC he didn't live anywhere near her.

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Samantha I'm not saying in the slightest your opinions are invalid - and I'm not arguing from a civil liberties p.o.v. (since my argument boils down to "reclassify it as an illness, lock them up for as long as it takes to cure them, for life if you can't cure them" - only the 'cure' part could I think be remotely construed as liberal there! Though it is the most important.)

Like I said above what really frightens me is how little seems to be being done to understand why paedophiles become abusers in the first place. A significant proportion were abused themselves, and so the behaviour is normalised for them - but we can learn surely from de- indoctrination and addiction cure techniques. And what of the ones who weren't abused? At some point Sarah Payne's killer became sadistically attracted to children? Why? And could that development have been stopped?

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Yes Tom, that's something else our kneejerk tabloid press (and me, to be fair) overlooked.

Of course, this happens on a daily basis - yesterday's example being calls in the press for propective British Citizens first being made to take an oath of alliegance. Nothing wrong with that of course, but under the Immigration and Asylum Act 1999, THEY ALREADY DO. Mr.Blunkett on the button as always. *sigh*

Trevor, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

I think Tom's illustrated a fundamental point here re: the "Sarah's Law" debate - we're still no further towards establishing an accepted medical definition of pederasty.

On the contrary, doctors had previously concluded that Sarah's killer was NOT a pederast.

Trevor, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Tom E is in many ways a jovial, amusing, modest fellow - the bloke with the pint of bitter at the end of the bar. Perhaps this makes me doubly impressed when issues like this arise and he shows such sanity, seriousness and clarity of thought and expression.

the pinefox, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

I don't think you were discounting me Tom. I was just referring in general to the idea that victims can't be objective.

Are we really surprised that there is little understanding in what causes people to assault children? Treatment and understanding of mental illness has barely emerged from the dark ages. . .

Samantha, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Thankyou Pinefox although it's a pint of lager. :)

Tom, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

NO.

Snobby old Matthew came up with an amusing spelling mistake in this thread, though.

Robin Carmody, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Basically Tom I am with you and will admit I only said I was unsure cause I was so scared of people's reactions to a difficult subject. The man who killed Sarah Payne was mentally ill at the time he killed her - wasn't it revealed certain events would cause him to snap, this time family troubles I believe, otherwise he could retain control over himself? He needs help more than anything. (Whether he is co- operative or not is another matter). Publishing his address if he was released from jail (which admittedly is highly unlikely), would not help at all, he would be dead or severely injured indeed. I think there is an interesting parallel to the Bulger case here, people would not publish their details because there was a massive possibility of lynch mobs and I would assume this will end up the same.
What I would be interested in finding out is whether paedophilia arises as a matter of circumstances or is a natural urge for these people. Social services may be aware of some individuals if it was the first, but only in a wider context of they could do anything, so suppose would be useless in keeping tabs on people.

Bill, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Great bit on Newsnight (or the 10pm BBC News, I forget) last night - statistics about child murder in this country, something like 45 are killed a year (this was for Hampshire, I think), only 12 by complete strangers who were, according to the reporter, pederasts. Sez reporter, "From these statistics it is simple to identify and target one group of potential offenders", only he was talking about paedophiles - it would have made much more sense if he was talking about PARENTS.

DG, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

*Cheers in agreement with what DG said*

Robin Carmody, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

Hi All, Being raped and abused when I and my baby brother were raped and abused, and , and now able to talk about it, What I would do with the lot of them is put them all on an island and let them take care of each other. Whether it be killing each other or drowning themselves. These people should NOT be in society. I beieve that if this man gets life in jail, Someone there will probably dispose of him, as the men inside hate child killers & molesters. To that I say good enough.

Gale Deslongchamps, Thursday, 13 December 2001 01:00 (twenty-two years ago) link

It's true that Sarah Payne's killer wasn't 'diagnosed' as a paedophile under the psychiatric code in DSMIV - indeed, he *couldn't* be because the diagnosis relies on something like *known* repeated attempts to abuse children over a sustained period of (I think) six months. THe compulsion part of it (presumably decided in psychiatric interview?) is necessary but not sufficient. This makes the guy *formally* someone who has sexually abused one child, but not a paedophile. From reports I also gather he refused any form of rehabilitation whilst in prison for the first offence, and I was pretty surprised that any such treatment/rehab was *optional*.

Ellie, Friday, 14 December 2001 01:00 (twenty-two years ago) link

"it would have made much more sense if he was talking about PARENTS."

Hasn't sex abuse committed by non-strangers been the subject of enormous debate and public awareness campaigns since the 80s with the setting up of ChildLine and numerous sex abuse scandals concerning children's homes etc. I don't understand the relish with which some people keep repeating the statistic that this is where the majority of abuse occurs. Does that mean we should forget about the still significant proportion of abuse which is committed by strangers? Why such willingness to mock this concern? Is it a hatred of the idea of family which makes someone say that if four times as many paedophile murders are committed by family members then what we should really be worrying about is PARENTS? When obviously such abusers are just paedophiles who happen to be parents. (How can you be dismissive of that proportion of paedophiles who are strangers while at the same time tainting families in general on the basis of parental molesters who make up a far far smaller proportion of parents over-all than the proportion of stranger paedophiles do to paedophiles over-all?)

noah, Friday, 14 December 2001 01:00 (twenty-two years ago) link

Parental abuse is important cos a) it counts for most abuse (if you believe the stats) and b) it's not being talked about currently, at the mo (in case you hadn't noticed) it's ALL PEDERASTS ARE STRANGE MEN WHO ABDUCT YOUR CHILDREN WHILE THE AUTHORITIES ARE HELD BACK BY POLITICAL CORRECTNESS GONE MAD! Looking at the stats, stranger danger is so tiny as to almost be irrelevant. Considering the nature of families and the checks and balances therein, the power structures etc is so much more complicated than THE SUN SEZ HANG EM ITS THE ONLY LANGUAGE THEY UNDERSTAND PEDO SCUM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Which is the current level of debate.

DG, Friday, 14 December 2001 01:00 (twenty-two years ago) link

parental molesters who make up a far far smaller proportion of parents over-all than the proportion of stranger paedophiles do to paedophiles over-all

even if this enumeration is true, these aren't "equivalent" proportions: you shd be comparing [parental molesters: parents over- all] with [stranger molesters: strangers over-all].

surely one of the reasons some many shy away from lookng hard at the problem of in-family abuse is that WHATEVER the course of action, it tends to be nightmarishly complex and produce victims of a variety of kinds (on one hand, continued abuse of members of a family; on the other, broken-up families, single parents on the poverty line, rifts within family where one child is abused, another sides with so-called abuser etc etc), whereas locking up Sarah Payne's killer — and similar friendless loners — seems straight-forwardly win-win. They have no family, friends, dependents: there are no innocent bystanders.

If it's true that abuse produces abusers, the currently somewhat overlooked majority of abuse — eg within families — is the point at which the social problems (which *include* stranger abuse but are not generated by it) eventually needs addressing. It has to be said that attempts to do this in the past — the notorious cases in Cleveland? — have been a catastrophe.

mark s, Friday, 14 December 2001 01:00 (twenty-two years ago) link

The kind of abuse which causes abusers is not generally stranger abuse - rather the idea that abuse within the family is normalised as it is rarely dealt with is such a morally simplistic manner. Abuse by loved ones is difficult because whilst they abuse us physically they also abuse our concepts of love and trust. Which later can lead to a similar abuse of love and trust of others.

Sarah's Law will not help for all the reasons placed above, but also it may well increase levels of vigilantism not to mention create exactly the kinds of stigma and stress which may trigger someone to re-offend.

Pete, Friday, 14 December 2001 01:00 (twenty-two years ago) link

Pete is right. If you are a pedo with a wish to reoffend, which is safer for children, for you to be thinking "OK, I want to do this but I know it's wrong, I dont want to be found out and jeopardise my place in society", or for you to be thinking "Everyone hates me and will hurt and kill me and is sure I will reoffend anyway so I may as well". Pragmatism suggests the former is safer even if it implies moral compromise.

Tom, Friday, 14 December 2001 01:00 (twenty-two years ago) link

What if this same man has another family thing too? Will he go out to kill again.? I think he would definately be capeable of it! He's timebomb! Then I think too that some men kill because they CAN! Here is one for you, When I was about three-4 years old, a baby of about my age was discovered in a trunk of a car( in pieces) I didn't know him, but I remember his name to this day.:( Should these men walk the streets? If you were a parent would you have him walking the steets?

Gale Deslongchamps, Friday, 14 December 2001 01:00 (twenty-two years ago) link

'Some men kill because they can' : Seems rather sensationalist to me...

Bill, Friday, 14 December 2001 01:00 (twenty-two years ago) link

Well as I said upthread, my position is that compulsive child abusers are mentally ill and should be in hospitals, outside society, until they can be cured, or for life if they can't be cured. They should be treated in the same way as any other dangerously ill individual. But if you are going to let them out then the very very last thing you want to do is make them feel they have nothing to lose.

Tom, Friday, 14 December 2001 01:00 (twenty-two years ago) link

And this is precisely what it boils down to, in fact. These people should be treated until what time (if ever) they no longer pose a danger to our children.

This is why it is far better that they are removed from the criminal system altogether, which have scant regard for such lofty and high- minded ideals as rehabilitation. They'll release someone when they reach the end of their sentence, it's as simple as that. Likelihood of reoffending only ever gets addressed at parole board meetings.

Pederasts are therefore far better dealt with by the medical profession. Someone sectioned under the Mental Health Act 1983 will be detained indefinitely, until in the opinion of at least two doctors they are fit for release.

Which brings me back to my original point - what we need to deal effectively with these people is a medically AND legally accepted definition of pederasty.

And Judges need to stop speaking with so-called authority on medical issues. In sentencing Sarah's killer, the Judge unhelpfully commented that he did not consider the accused to be mentally ill, as he had exhibited clear-headedness throughout. Such remarks prevent sex offenders from being treated for mental health issues, as legally they are regarded as completely sane. In my view this cannot be right.

Trevor, Friday, 14 December 2001 01:00 (twenty-two years ago) link

DG, I agree that Sarah's Law is a bad idea which would encourage sink-estate lynch-mobs and be counterproductive to rehabilitation, but there must be something seriously wrong with the current legal set-up if a predatory paedophile can abduct a child at knife-point, sexually abuse her for hours, serve only two years for it and then go on to kill. Isn't that cause for justified outrage? What bothers me is the implication that the concern this case has generated is some kind of simple-minded knee-jerk moral hysteria from people who would happily brush the real problem under the carpet. Yes, abuse within families is a hellishly complex problem to address and if the same were true of stranger abuse then it would be reasonable to focus attention on the larger problem first, but the fact that there are straightforward practical measures (renewable sentences, say) which can be put in place to help protect at least some children from these appalling crimes (which are not 'irrelevant' so long as they happen at all) is precisely what justifies the demands for action made by people whose outcry over this case and cases like it in no way means they wouldn't like to see abuse tackled wherever it occurs.

On the mental illness point - paedophiles have abnormal innate desires but is there any evidence that this leads to them being fundamentally less capable of choosing whether or not to act on their desires? It's not as if they hear voices ordering them to molest children.

noah, Friday, 14 December 2001 01:00 (twenty-two years ago) link


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