When the Predator is Human

What is the Solution to Stopping Sex Offenders?

© Marian Henderson

Nov 4, 2009
Death Penalty for Child Rapists, southern fried
The ordeals of kidnap victims such as Jaycee Dugard and Elizabeth Smart who were abducted, sexually assaulted and imprisoned by captors have drawn attention.

Although studies show that most child molesters are people close to the child, such as a friend or relative, this article specifically addresses stranger abduction.

What to do with Violent Sex Offenders

The book Transforming the Rape Culture consists of essays that address the crime of rape; in the book essayist Carol J. Adams observes that “studies, statistics, and individual testimony demonstrate clearly that the most effective way to stop violence against women and children is to hold the abuser accountable” (page 92).

Consequences for a Crime

In Transforming a Rape Culture, D.A. Clarke echoes the sentiments of Adams. Clarke in referring to the debate about rehabilitation of sex offenders versus lifetime incarceration or the death penalty observes that as the debate rages, victims are continually killed and abused “and most of the men who are doing these things are suffering no consequences at all or very slight consequences.” She complains that the lack of consequences lead the criminals and society to believe “that there is really nothing so very wrong with what they have done” (Buchwald et. al., 2005, page 317).

Roman Polanski

Is this view accurate? Are any members of society dismissive of such crimes and are consequences slight? The example of famous director Roman Polanski seems to validate Clarke’s assertion. Polanski pled guilty to unlawful sexual intercourse with a 13 year-old girl then fled the United States to avoid punishment. The 13 year-old rape victim, Samantha Geimer testified that she had been drugged and sodomized by Polanski, and that he forced himself upon her despite her protests during the attack.

After evading punishment for the crime for several decades, Polanski was apprehended in Switzerland. But Polanski has supporters who do not believe that he should be punished for his crime.

Blaming the Victim

One of the rationalizations for releasing Polanski is expressed in this excerpt from an October 2009 interview conducted by John Meroney of Atlantic Monthly. Famous writer Gore Vidal was asked, “So what’s your take on Polanski, this many years later?” Vidal responded, “I don’t give a (expletive). Look, am I going to sit and weep every time a young hooker feels as though she’s been taken advantage of?”

Another rationalization for dismissing Polanski’s crime comes from actress Debra Winger “it is a three-decades-old case that is dead but for minor technicalities. We stand by him and await his release and his next masterpiece” states Winger in the article entitled “Backlash as Whoopi Goldberg says director didn't commit 'rape-rape'” written by Nick Allen.

Releasing Criminals

The opinions of Vidal and Winger support D.A. Clarke’s claim that without consequences rapists (and society) begin to believe that “there is really nothing so very wrong with what they have done.” The justice system sometimes lacks the ability to address transgressions with adequate consequence or punitive measures.

The justice system discovers - too late - the hazards of releasing some individuals. Richard Allen Davis the murderer of 12 year-old Polly Klaas, Phillip Garrido who abducted an 11 year-old Jaycee Dugard and enslaved her for 18 years, and Anthony Sowell the convicted sex offender who was discovered to have the bodies of several dead women in his home in October of 2009, are all criminals who were convicted of violent sex crimes and released after serving several years in prison.

Another egregious case of “slight consequences” concerns convicted rapist Lawrence Singleton. Michael Taylor of the San Francisco Chronicle wrote an article entitled “Lawrence Singleton, despised rapist, dies. He chopped off teenager's arms in 1978.”

Taylor’s headline explains the grisly story; Singleton raped a 15 year-old girl then chopped off her arms with a hatchet, but Singleton was paroled in 1986 after serving only eight years in prison. Eleven years after his release, Singleton murdered a 31 year-old woman and was sentenced to death; however he died of cancer before his execution.

Singleton’s eight years in prison for rape and dismemberment are an example of the “slight consequences” that D.A. Clarke rails against. Legislation that effectively prevents stranger abductions and rapes then would dictate that these individuals, once they are apprehended and found guilty of such crimes, not be released.

Legislation - Sex Offenders

Professor Monica G. Munn a licensed therapist from San Diego who is writing her thesis about the subject of sex offenses and preventive measures, recommends a change in legislation that mandates life imprisonment for predators who are evaluated and classified as violent sex offenders. The tragedy is that a crime must be committed before the offender can be identified, but the tragedy is compounded when individuals are released to commit more offenses.

Rehabilitation and chemical castration are some other measures for treating sex offenders, but chemical castration can be reversed; furthermore, Ms. Munn notes that rapes were committed by individuals who were undergoing chemical castration treatments. Also rehabilitation is not always effective, and the cases of Phillip Garrido and Thomas Sowell make the shortcomings of sex offender monitoring obvious.

ABC News Journalist Emily Friedman reports that “Registered sex offender Anthony Sowell was able to hide six decomposed bodies in his Cleveland home from officials who routinely checked in on him, calling into question the effectiveness of the probation and parole system.”

Of chemical castration, rehabilitation, lifetime monitoring, lifetime imprisonment, or execution - lifetime imprisonment provides the greatest margin of safety for potential victims while recognizing the 8th amendment admonition against “cruel and unusual punishment.”

The conclusion - once sex offenders are captured the perpetrators must either be incarcerated for life or executed to prevent them from claiming anymore victims. But the justice system has hesitated to implement these punitive measures. The article Death Penalty for Sex Offenders explores the punitive measures in more detail.

References

Buchwald, E., Fletcher, P., Roth, M. (ed.). Transforming a Rape Culture. Minneapolis, Minn: Milkweed, 2005

Meroney, J. A Conversation with Gore Vidal. Atlantic Monthly. October 28, 2009

Taylor, M. Lawrence Singleton, despised rapist, dies. He chopped off teenager's arms in 1978. San Francisco Chronicle. January 1, 2002


The copyright of the article When the Predator is Human in Law, Crime & Justice is owned by Marian Henderson. Permission to republish When the Predator is Human in print or online must be granted by the author in writing.


Death Penalty for Child Rapists, southern fried
Laws to Punish and Protect, southern fried
Keeping Violent Criminals in Prison, kevin rossel
Harsher Punishment for Rapists and Molesters, whatimeantosay
Chemical Castration and Monitoring not Effective, xandert


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