Political Heat Can Hide Policy Light
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"I'm going to tell you right now that every sex offender out there is not a danger to society. There are many that are," said Tholl, who said he discovered a few years ago that one of three registered sex offenders in the small town of Dalton, population 927, was volunteering to teach chess to children at the elementary school.
"Those types of people need to be watched," Tholl said. "He wasn't breaking the law, but at the time, there was no requirement for a background investigation of volunteers."
Tholl also said he would not ascribe political motivations to Lynch's proposal.
"The governor tends to come across as a very serious individual. I would not be laying a political label on this issue," Tholl said.
But Hammond — a Navy veteran and former school counselor — said he believes Republicans and Democrats alike are advancing the issue, at least in part, because of politics. The New Hampshire legislation follows a highly publicized series of articles on sex offenders by the New Hampshire Union Leader, which remains influential in Concord and the southern part of the state.
"I see it as highly political, myself, and it is bipartisan, that's for sure," said Hammond, who noted that Attorney General Kelly Ayotte is also pushing for the legislation.
"It's one thing to toss the book at violent rapists," Hammond said. "It's another thing to take a senior in high school, who might be dating a freshman in high school, and put that person away for several years for maybe having inappropriately touched somebody, and not even had intercourse with her.
"They come out with a record and are labeled a sex offender. What we have to do is sort through this and at least get some categories of degrees of sex offenses," Hammond continued.
He also questioned the civil commitment proposals, which typically require review by a committee and then court approval. "I'm a little uncomfortable as to who calls the shots," Hammond said. "I'm not sure how I see this playing out. We don't have the facilities to deal with people."
Former Windsor County state Sen. Will Hunter of Cavendish, Vt., the editor and publisher of Vermont Lawyer and Trial Court Reporter, also expressed wariness about the drumbeat for tougher sex offender laws.
Though tougher sentences might keep convicted sex offenders in prison — away from other potential victims — for a longer period of time, Hunter said they would not serve as a deterrent to child molesters.
"Without a doubt, threat of a longer sentence is not going to deter people whose thought process is as warped as (that of) people who commit these crimes," said Hunter, who in his former law practice represented some sex offenders and now serves as a part-time minister at Perkinsville Community Church.
Hunter also cautioned against the "personalization of law" by basing new legislation on emotions triggered by one case, no matter how horrific, rather than relying on the testimony of experts and hard data.
"The idea of 'Jessica's Law' is a really bad idea, because it says we are going to pass legislation that affects everybody, but we are doing it from the perspective of not only one person, but just one part of the intricate equation that has to be part of the public policy (discussion)," Hunter said. "Ultimately, what are you going to have? 'Harry's Law?' 'Joe's Law?' ... That's not how you make public policy."
Bohmer, the Dartmouth professor, said the public concern about sex offenders is also fueled by a misconception that molesters are lurking behind every corner, waiting to attack a child at random.
"Rates of child molestation are much higher with people that you know," she said. "When people think of sex offenders, they don't think of the typical sex offender."
Illuzzi, the Republican Vermont state senator and state's attorney, said he opposes mandatory minimum sentences because they ignore the complex reasons why sentences vary. He also called Vermont's treatment program for sex offenders a "national model" and said its impact on sex offenders amenable to such counseling lessens the load on the rest of the criminal justice system.
"I'd rather have an effective treatment program that combines rehabilitation with punishment, as opposed to a strictly punitive sentence, knowing that some day the offender is going to be released," Illuzzi said.
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What are your views on sexual abuse and the current drive by New Hampshire and Vermont politicians to slap sex criminals with tougher prison terms? Send your comments, in 350 words or less, by e-mail to forum@vnews.com. You may also send by fax (603-298-0212) or mail: P.O. Box 877, White River Junction, VT 05001. Please include your name, town and (for confirmation purposes only) daytime telephone number. |
Recidivism rates of sex offenders range from less than 5 percent to more than 50 percent, multiple studies have shown, depending on the type of crime and other factors, such as treatment while incarcerated.
Incest abusers are less likely to re-offend than pedophiles who attack children at random, studies have shown. And treatment appears to help some offenders. According to a study of 195 adult male sex offenders in Vermont, the sexual re-offense rate for offenders who completed the state's treatment program was 5.4 percent, versus a 30 percent rate for those who refused treatment or did not complete it.
But experts also raise several important cautionary notes about such studies: the sample size is small, and sex crimes of offenders who are released into the community may be underreported.
Douglas said treatment should play an important role in Vermont, but so, too, should such factors as protecting the public, "exacting a fair penalty from the offender," and isolating a dangerous criminal from the general public.
"Experts tell our Agency of Human Services that treatment can be effective. It requires a receptive offender, and secondly, the most effective time, we're told, is close to the date of release," Douglas said.
In New Hampshire, Lynch said he does see a role for treatment, but said "the data suggest that there is a high propensity for a child molester to commit the crime of child molestation again."
Lynch, in his State of the State speech, also called for planning to begin on the expansion of the state prison in Berlin, N.H., a project that ultimately — but not immediately — would cost the state millions of dollars.
Hammond said the entire debate reminds him of another "tough-on-crime" issue that has filled prison cells, but which also remains the subject of much debate.
"I don't doubt anybody's good will, but it's a question of 'how do you look at a problem?' Do you look at it punitively?" he said. "It's fairly parallel to the drug scene, and how we've chosen to punish drug offenders."
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