A none-too-bright inquirer and perhaps an officious busy-body who wants to ruin people’s lives writes “The Ethicist” (Prof. Appiah to his friends and students at NYU)…
“I recently reneged on an offer to buy a house because I discovered that a registered sex offender lived across the street….Now that I know about it, should I keep it a secret…? ….I feel uncomfortable telling my friends the truth about why I dropped out of the contract that I had entered for this house, because I feel I have discovered private information that I should keep secret. In the end, I think I would rather not have made this discovery in the first place.”
That last sentence is what strongly suggests that the writer is an idiot. It’s a childish sentiment: in “War Games,” the teen who discovers that a rogue computer program is about to start W.W. III says that he wishes he didn’t know, and that he would just be suddenly fried in the coming nuclear Armageddon. But because he does know, the kid is able to stop the disaster. More knowledge, even knowledge that creates dilemmas and conflicts that must be dealt with, is preferable to ignorance and misapprehension.
The writer’s reaction to learning that the individual (whom he has never met and knows nothing else about) is to be feared and shunned is also an ominous sign. It has been 14 years since Ethics Alarms delved into the problem of registered sex offenders. My coverage of the topic reached its climax with a guest post, from a friend, who authored, “’I Am One of Those Untouchables’ : The Unethical Persecution of Former Sex Offenders.” My introduction read, “No ethical person can read this and conclude that such treatment by society is fair, responsible, compassionate or American. It is the ethical duty of every citizen who believes in our society’s commitment to the freedoms guaranteed by the Declaration and the Constitution to oppose efforts to persecute former sex offenders, because our elected officials will not oppose them. It is, in the end, a matter of choosing national integrity over bigotry and fear.”
A crime was committed, the proscribed penalty was served, and the citizen has a right to begin with a clean slate, a presumption of good will, and an expectation that the community will treat him (or her) based on the content of his character, not based on the past. This is especially true because, as “The Ethicist” correctly notes, being made a registered sex offender can mean anything from sexually abusing a child to having sex with an underage hottie who represented herself as 21, to urinating in public.
“What began as a law-enforcement tool has, over time, evolved into a system of prolonged public punishment, treating vastly different cases as if they were the same,” Appiah writes. “Some people are on the registry for horrifying, predatory acts. Others wind up on a registry for nonviolent conduct committed when they were children or teenagers, including a 10-year-old girl who “pantsed” a classmate. But that’s what the system has allowed. Teenagers in a relationship who consensually swapped nude pics, adults who got busy in a car parked in a municipal lot, a drunken undergraduate who went streaking across the quad — all may be subject to lengthy registration mandates. Even those no longer on the official registries may find that for-profit data-collection websites still display their names and photos, demanding payment for delisting.”
Bingo, and I have personal experience helping victims of this pre-crime system who had to deal with many of these features. Later, the Ethicist adds,
You didn’t mention what the offense was or how long ago it occurred; presumably the person’s mere presence on the registry was enough for you. That’s your prerogative, of course. But it’s worth pausing to think about what your decision was based on.
How dangerous is this neighbor, really? That depends on details the registries rarely convey: what happened, how long ago it happened, how old the person was at the time and what the person has done since. A quarter of people currently on the registries, it has been estimated, were minors at the time of their offense. The presence of a name on a list tells you very little about your actual risk.
It is interesting that one of the allegations against the new Pope is that he neglected to alert a community that a pedophile priest was living nearby. I concede that the problem of how to deal with individuals who have an uncontrollable impulse to harm children (or anyone) pose a very special, and so far unsolved, policy problem for society. Until we have a better and more reliable system of identifying such individuals, however, we should be able to agree that making it difficult for many harmless citizens to live their lives in order to insulate our communities from the rare monsters isn’t reasonable or fair.

So Jack, did you have any thoughts on Ohio’s House Bill 102 that I mentioned on Friday?
One of the things that I would have replied to this inquiry is that the sex offense registry is a public database, and anyone who desires can go online and find sex offenders in their area. So anyone in the neighborhood who cares (which is estimated at large at about 50% of people), would have already checked the registry and found out. The rest in the neighborhood probably don’t care. In addition, depending on the local notification rules, an alert would have been mailed to everyone in the neighborhood warning them of the presence of a sex offender in their midst. So it is very likely there’s no secret to keep.
As a note, from our time in Ohio, we found out that Ohio law requires homeowners to keep hold of all notifications of sex offenders in their area, and to pass those notifications on to anyone buying the house so they can be duly informed. When we received a notification of a sex offender moving in a block over, we threw it out. Wyoming, on the other hand, sporadically remembers to send out notification of sex offenders, and certainly doesn’t require you to tell anyone else about the notifications.
Yes, it’s a uniquely stupid bill, for all the reasons you mention. It would also require the RSO to keep track of the former victim’s movements, which is exactly what they don’t want. (There’s gotta be a “knowingly” in there somewhere…)
I’m not sure whether I revealed this at the time, but here goes.
I’m intersex. I have now, finally, got a confirmed rather than tentative diagnosis of the 3beta hydroxysteroid dehydrogenase deficient form of congenital adrenal hyperplasia. It only took 5 years to arrive at, and another 15 to confirm. Harrumph.
For my own health, this means taking a cocktail of hormones and blockers, as my natural hormonal balance is likely fatal.
The blocker I take to stay alive is cyproterone acetate. Used for chemically castrating sex offenders in some jurisdictions. At one time here in Australia, access to this drug meant voluntarily being put on a sex offenders registry, even though well over 90% of patients were intersex or trans. In some years, 100% were.
Because of the pollution of the sex offenders registry with so many cases that were not sex offenders, and after some considerable pressure put on politicians to rectify this bizarre situation, eventually the requirement was dropped. Some years later, those like myself who had been put on the sex offenders register purely for this reason were removed from it. Attempts by some right wing politicians to put us back on have been soundly squashed in consecutive elections.
While I’ve had many legal problems due to my unusual biology, this one hasn’t been an issue, oddly enough. Others have.
I can’t get a visa or visa free entry into the US now due to Trump’s EO regarding recognition of sexes, but as I couldn’t fly through US airspace since the Obama administration due to UK and Australian ID not matching anyway, the point is moot.