Why it's right to let sex offenders appeal their lifetime registration
Once we take a selective approach to human rights, they cease to mean anything at all.
By Yo Zushi Published 18 February 2011 18:04
Following the Supreme Court's decision in April last year to allow a teenager and a 59-year-old man to challenge the permanent inclusion of their names on the UK sex offenders register, it was announced this week that the government is reluctantly granting the right of appeal to thousands of others on the list, including convicted rapists and paedophiles. And so it should.
The "register" refers to a system of police notification that has been collating the details of all those cautioned, convicted or released from prison for sexual offences since 1997. As of October last year, more than 48,000 people were listed in England and Wales alone. Half of this figure was subject to an indefinite term of registration – a requirement for offenders who had been given jail sentences of 30 months or longer.
The Home Secretary, Theresa May, has insisted that the government would make the "minimum possible changes to the law" to comply with the 2010 Supreme Court ruling. The bar for appeals, she said on 16 February, would be set as "high as possible", with offenders unable to lodge an appeal until a full 15 years after their release from custody. Furthermore, she announced
The final decision of whether an offender should remain on the register will be down to the police, not the courts . . . There will be no right of appeal against the police's decision to keep an offender on the register.
These are worrying provisos, especially in the light of a statement issued by the criminologist and former police detective Mark Williams-Thomas, who worked in the field of child protection for 15 years. He said to BBC News:
[Paedophiles] are like leopards, they don't change their spots . . . What we will end up with is potentially a very dangerous situation where someone has committed offences in the past and [is] able to say they haven't committed any new offences and therefore don't present a risk. But they are a risk in the same way as an alcoholic is always an alcoholic.
If such attitudes are prevalent within the police force, as they seem to be among certain politicians (judging by their Daily Mail-fearing, panic-stricken reactions to the news), justice is unlikely to be served. Rape and paedophilia are emotive issues but, more than that, they are serious social issues that need to be addressed in a serious, socially conscious manner. The discourse around them must be free from the distorting lens of mob logic and paranoia. David Cameron, predictably "appalled", has said that the Supreme Court's ruling "seems to fly completely in the face of common sense". But this "common sense" – nothing more than a convenient and politically malleable consensus – is not the be all and end all; it certainly should not be treated as an authority.
The Supreme Court's rationale for making such an inevitably controversial ruling was grounded in solid, progressive values: the lack of the option to appeal was incompatible with the European Convention on Human Rights. The Tories have long been open about their disdain for the Human Rights Act 1998, which allows Britons to claim the rights enshrined in the 1950 convention without having to go all the way to Strasbourg. Instead, the Conservatives want a bill of rights that would, according to May, ensure that "the rights of the public come before the rights of criminals".
But May's words betray the corrosive, illiberal attitude that, once a person commits a crime, he or she can no longer be counted as a member of the public. The Conservative MP Phillip Hollobone offers a similarly simplistic analysis of human rights in general: "It's being used to promote the rights of bad people over the rights of good people." His binary understanding of human nature – his childish assumption that there is a clear dividing line between "good" and "bad" – is symptomatic of the gulf that exists between reality and the Conservative understanding of society.
Take one of the cases that brought about the Supreme Court ruling discussed above. In October 2005, a teenage boy was sentenced to 30 months for raping a six-year-old child. But the rapist, known only as F, was just 11 when the crime took place. The question of whether the misdeeds of children should be treated in the same way as adult offences aside, it seems disproportionate to me that a single act committed at 11 should permanently stain F's future.
So far, his inclusion on the sex offenders register has prevented him from going on a family holiday and playing Rugby League. As he grows up, it will surely continue to disfigure his life in more invasive ways, unless his appeal is successful. Can we describe F so easily as a "bad person", as Hollobone no doubt would?
In contrast to the irrational responses of the Tories, Donald Findlater of the Lucy Faithful Foundation has stressed that we must "recognise that sex offenders cover a wide range of different kinds of behaviours and different kinds of risks . . . The fact that these people end up on the register for life because of their sentence doesn't tell me how risky they are." Britain's guilty fear of paedophilia must not be exploited to bolster the case for some absurd bill of rights. More importantly, human rights must extend to us all, from convicts and former sex offenders to law-abiding citizens. Once we take a selective approach to granting their protection, they cease to mean anything at all.
Latest tweets
More from New Statesman
- Tools and services:
- Polls
- Predictions
- Jobs
- Archive
- Magazine
- PDF edition
- RSS feeds
- Subscribe
- Special supplements
- Stockists

















29 comments
I thought I was as left wing as they come but I disagree that serious sex offenders and paedophiles should ever have the chance to appeal against their lifetime registration. The victim of these crimes is often premeditatedly and selfishly handed a life sentence. What happened to the 6 year old girl mentioned in the story will most likely never leave her. She will have been emotionally and physically traumatised for the rest of her life, as are most rape and in particular child abuse victims. They can't just forget about it and start a new life after 15 years.
I agree that paedophiles are the demons in the press, the media whips itself into a frenzy about them. They need help, professional treatment, and many do deserve sympathy having often been abused themselves. But they should have to live with the consequences of what they have done. Their victims have to every day of their lives. An exception should be made for underage rapists, as children can not be expected to fully understand the enormity and consequences of the hideous act they are comitting. Adults do, and they do it anyway. I don't agree with eye for an eye, but having their name on a list, missing a few holidays and not being allowed to play rugby is hardly poetic justice.
I have to reply to Claire.
The registry is about PROTECTION, NOT punishment. And to make such a blanket statement as all sexual abuse victims are traumatized for life is just plain ridiculous. I am not trying to minimize those that ARE traumatized, but, people react differently and are as varied as, well, people. To say to someone, they MUST be traumatized forever, when they are not, does nobody a service.
If a person is NOT a danger to society, has fulfilled their obligations under the law, would it not be in the best interest of society, and the individual, to resume a normal life? Do you think a person who cannot EVER resume a normal life is LESS or MORE dangerous to society, generally?
If a registry is used ONLY to punish, or is a de-facto punishment, without regard to actual dangerousness, can you really say, JUSTICE is being served?
Hey Buckskin, you don't know ANYTHING about him OR his victim. How arrogant are you???
I never said all victims are or must be traumatised for life. I said most. Perhaps that should have read many. I stand by most however. I personally think the function of prison as well as other forms of social justice including the sex offender register has both a protective and a punitive purpose. Some crimes, I believe, are too grave to ever be truly forgiven by society. I am talking about SERIOUS sex offenders, not those guilty of minor offences. That is my opinion and I stand by it.
So, Claire, you DO support the RIGHT to petition to be taken off the registry then? Because ONLY a court has the capacity to determine seriousness. Or maybe YOU have the capacity? Or maybe, seriousness is something that can change over time? There has to be standard for removal. If a person meets the standard, they are removed.
I am going to make a comment about how the government is responding to the court's decision.
They say they will make the bar, "the highest possible" and make the POLICE the final say and not make it appealable.
That is a ridiculous statement to be sure. If they have the police make the decision and they make arbitrary decisions, OR decide BEFORE a person applies that ALL people who apply will be denied THAT is, by nature, appealable. You can't deny someone access to a court of law. The police will have to have a STANDARD to follow in order to release someone from the registry, or to keep them on. The M.P.'s and other members of government are making ridiculous statements.
It's this risk thing, together with the use of a medical model that mucks everything up, in my view. I don't think it's a good idea to try and use an alcoholic/phobia type medical model here ie citizens who commit certain crimes are sick and always will be, thus we may find a suitably just punishment ie one that has a start and a finish, will never do.
Nor do I think it fair to dump the burden of responsibility and accountability for keeping citizens on some register onto the police - even police working in partnership with the local authorities, perhaps as in a Link jobby..One sincerely hopes those concerned with devolving power closer to it's true source should kindly avoid abusing the principle of subsidiarity in such a manner.
The supreme court is telling us that certain rights are inalienable. It's a good job too in my view. Otherwise we might end up with ghettos full of sex offenders here in the UK. Where are sex offending people and their families eventually supposed to live and work?
@buckskins
Well I've read lots of your comments on the NS blogs and can say, unequivocally, that I wouldn't want you within 100 miles of wherever I happen to be. Fortunately, it's unlikely.
Hal says he's a 'former offender' - that's all you know, but you figure you've got him sussed, right? But as Rudy101 points out, you don't actually know anything about the person at all.
But we've got lots of evidence about you, all supplied by you yourself.
Rudy101- I certainly do not have that capacity, nor have I said anything in my comments to imply that I would be that arrogant, as far as I am aware.
Sure, I think minor offenders should have the right of appeal to a lifetime on the sex offenders register. I do not think that those convicted of the most serious sexually violent offenses, should have the right to appeal their permanent placement on the register. Some crimes, once done, can never be redeemed. One would never be likely to advocate, for instance, a paedophile to work in close proximity with children, no matter how many years after the event. Therefore, there are some levels of social trust that cannot be regained and society is saying that certain types of sex offenders are always a risk.
You are free to think however you like on the issue.
I would be fascinated to know whether Buckskins would welcome living less than a hundred miles from him, the two fourteen year old girls in Fort Myers, Florida, who stripped an eleven year old mentally retarded boy naked and posted the tape on you tube for all to see, and this, in a state I am led to believe has one of the most toughest laws against sex offenders in the US, yet the police dismissed it as a prank and no charges were brought. The reason I highlight this case, as I myself suffered something very similar to this at school in England in the 1970s and I am quite sure my tormentors, (and I still live with the humiliation of it, so am thus victim) then and now, would not remotely regard themselves as sex offenders, (I would remind them, that they were), in fact are probably married now, with families of their own and have similar views to Buckskins on how they should be dealt with by society. The reason, I mention this, is we will never have, a truly informed debate on the very sensitive issue of child sex offending and pass sensible measures to, hopefully eradicate it, while the Bucksins of this world spew out their crude simplistic views and the politicians both in this country and America respond with knee jerk measures to appease them. Britain and America are interesting, because it appears, it is only in these two couontries, where there is such hysteria over this issue, it is not to be found in Europe and not one European country to my knowledge, has a sex offenders register and are the instances of child sexual abuse, that much higher, as a result?, I would doubt it, somehow.
A 11 year old rapes a 6 year old and the author describes it as a misdeed.
How will she describe a robbery by 14 year old ?
An error of judgement.
What is worse, having a sign around your neck which says I am a sex offender or a record in police data system as a sex offender.
If it was me I would opt for the latter.
If you don't commit another crime there is nothing to worry about.
Just stop and think about all the data bases where the personal details of an average person is recorded.
What does one or more data bases mean? Nothing.
A perpetrator with a criminal record has his details already on police files. The register is just another subset of that police record.
If you don't commit a crime you have no police record. The choice is obvious and is yours.
John Global you really dont have a clue either. breeching the register conditions can result in 5 years in jail. They can invade homes and inform the public if they feel necessary.
Also aren't you aware that there are massive data storage center that just collect as much informtion as possible. All the details are indexed, processed automatically and then stored for future reference without you every having committed any offence. Is that right? check out information awareness office, DArpa, inqtel
Its a bit like the terrorism act being used to justify otherwise illegal searches or shut down free parties, or messing with protesters
Everything is given and taken. So when they give they also takeaway. Its also great idea for government job creation.
Why did this get through the courts. My best guess is that the probation service can't handle the burden. They have to get these people off the register or they weren't going to be effective for any of them. It comes down to the money and the globalist have been looting again no one has any money to spare. prison and probation facing staffing CUTS.
Due to the primitive 'burn the witch' culture that surrounds the issue of sexual offending they'll never be an honest debate on it. The British culture just isn't of sufficient quality to deal with it.
Most MPs don't have the intelligence or education, and most of all, the will, to discuss the issue in a reasonable debate. It'll be a farce. You'll see.
Alex - the answer is 18!
Bob - its people like you who are playing politics (or human rights) with the truly vulnerable, on whose side you should be...instead you are on the side of the powerful, the perpetrator of the sex crime: shameful.
Claire and John Global are correct, and righteous...some sex crimes are truly unforgivable, and the rape of a 6 year old is one of them...
Good article Yo,
According to Yvette Cooper on QT last night, there is actually no need for the Govt to have to respond in this way. The Supreme Court report apparently states clearly that it is a matter of Parliament not the legal system.
It seems May and Co are bringing in legislation for something that doesn't need to be legislated for to appease a Supreme Court ruling that doesn't have to be appeased.
It's distraction politics and nothing more, it takes the pressure off them over the cuts and reforms, bankers and tax etc.
Yo -
Q: how can you be sure that a boy of 11 who is sick and disturbed enough to rape another boy, aged just 6, has "changed" now he is 18..?
A: You cant be sure - everyone knows that most sex crime is not only criminal but also addictive, and just like a drug addict, you will always be a paedophile once you have crossed the line and actually carried out such a horrific crime.
It is sensible that offenders such as him, and the adults, should be on the sex offenders register for life with no appeal...
And did you know, Yo, that most sex offenders especially paedophiles have committed over 200 offences BEFORE they ever get convicted of ONE offence?
And given the uniquely devastating nature of rape, paedophile abuse, sex crime in general, and the life long vicious effects these crimes have on their victims, you must never put the offender's human rights before that of the (future, possibly) victim...
This will be used to further strip the rights of all individuals. The police state is here and now. This is a test case/trial run I'm sure Gerry wants all criminals monitored for life. Dont they pose a continually threat to society? I'm sure he has some skewed stats for you. 200 offences before they are caught, yer right thats clearly photos and each photo is a separate charge whats that like 25 megabits of data? I reckon he would be a big fan of pre crime. Hell lets lock everyone up so everyone is safe. How about that? I reckon you needs some perspective people. This is classic fear mongering to remove rights.
http://sexoffenderissues.blogspot.com
Yes, this is good, and when you eradicate some rights of a few, the rights of the majority will be eradicated in time.
People in office took oaths to defend their country's laws and human/civil rights, and they need to start doing so, and put personal feelings and emotions aside.
What is next? Firing up the ovens?
@gerry
How old were you when you had your first girlfriend?
Well, I am going to make some comments on America's system. They passed a registry and included anyone they wanted and could go back as far as they wanted (as far as 1970 in Texas) and required them to register. But registration is only the beginning. In America it is ALL about public notification. People are being run out of neighborhoods, forced into homelessness, stripped of all legal protections and the regulations keep coming on.
For example, residency restrictions. They are VERY popular. But they have been shown NOT to do ANYTHING, through studies. Then there are loitering restrictions, where a registrant can't go to a park, beach, or ANYWHERE (which in many cases is everywhere) children MIGHT be or COULD be. There are no appeals and registration time is constantly INCREASING and NEVER any appeal or challenge. Romeo & Juliets? Lifetime registration for the Romeo.
America has 5 times the number, per capita, of sex offenders on a registry. It puts the community to panic AND has been shown to do NOTHING (like reduce recidivism).
Now to compare to England's system. There is no public notification. There is the carrot and stick approach with this court ruling. A registrant has MUCH to lose by not following the rules. Also, a registrant restrictions aren't one style fits all approach, like America's.
America is on a much more serious course when it takes those it deems dangerous and forces them to the streets and does not allow ANYONE to have ANY interest in ANY registry law. The laws can be overwhelming, even for people whose crimes were very remote in time and long before the registry. In Louisiana they force a registrant to sign 7 pages of laws that carry up to 20 years of prison time for not complying. In Michigan, they don't allow anyone on a registry (even misdameanors), to work 1,000 feet from almost everywhere. In San Francisco, 84% of all paroled sex offenders are FORCED to live on the streets by LAW (California alone has 100,000 lifetime registrants).
Kudos for England for taking the pragmatic approach that WILL make your community safer while protecting the RIGHTS of the individual AND the community.
Great article Yo; spot on.
I think we need to be clear that we are doing a real dis-service to victims by continuing down this route of "zero forgiveness." The system has shut down on sex offenders. If a potential sex offender is having thoughts, for example, of engaging in illegal sexual activity with a child then where do they turn ? There is no advice for this and no system for this. What are we doing to prevent sex crimes ? Nothing. And the leopard changing its spots argument is nonsense. Sex Offences have a recidivism rate of 23 per cent as opposed to say burglary which is around 52 per cent. The reason is because burglary is a crime determined by an individual's socio-economic environment which is a very difficult thing to change whereas sexual criminal behaviour is generally a crime spawned in somebody's psychopathology which alternately is infinitely treatable. Yet as soon as we talk about preventing offences or treating offenders then the cry goes up.."But what about the victims ?" These need to be addressed in isolation with potential offenders having greater recourse to not feeling that they have nowhere to turn but an open system which praises those brave enough to face their demons and seek help.
If there is such a thing as "once a....always a" then we might as well give up on psychiatry and psychology as useless, despite them being the most important meta narratives to shape the 20th century.
As a former offender in the United States, I can't put it into words, how devestating and cruel the American system is. The hysteria in this country is such that I personally will have to move to another country because of the current stigma. It's been over 30 years for me. If I don't leave soon, I will die here. I can see concentration camps for offenders here soon.
Post new comment