22 February 1997
Undermining Justice
Helen Reece, from Freedom and Law, takes issue with suggestions that
the UK needs a paedophile register. The result she says, will be to
undermine a basic principle of justice
According to a draft Home Office report released this week at least
110,000 convicted paedophiles are living in England and Wales. A High
Court decision which will make life more difficult for one convicted
sex offender directly, and an unquantifiable number indirectly, was
also reported widely. The London Borough of Hounslow gained the High
Court's approval for their use of a man's record of assaults against
children as a reason not to rehouse him. Both of these news items come
in the wake of the publication in Australia of a 'paedophiles'
register' containing hundreds of names and some photographs of
convicted paedophiles. The author has promised a similar book for
Britain.
The High Court's decision strikes a severe blow to a fundamental
principle of justice. Namely, that people can pay for their crimes and
once they have paid their debt to society, normally by enduring a
period of imprisonment or paying a fine, they can move on. Basically,
that they can be accepted back into society on the same terms as other
citizens. In undermining this basic principle, this decision is very
much in tune with the thinking in the Sex Offenders Bill, which is
being debated in the British Parliament and which proposes a register
of convicted and cautioned sex offenders. Anyone on the register will
have severe limitations placed on their subsequent freedom of action,
including a requirement that they notify the police of any change of
address and a prohibition on attempts to gain employment involving
access to children.
The thinking behind the Sex Offenders Bill is based on the widely
promulgated myth that sex offenders are so likely to reoffend that the
principle by which a punishment can be spent must give way to the
protection of the vulnerable, i.e. children. There is absolutely no
evidence that sex offenders are particularly likely to reoffend. In
fact, even the Home Office draft report itself recognises that the
reconviction rate for sex criminals is lower than for other types of
crime.
Because there are no facts to support the recidivism myth it has to
base itself on the 'hidden crime' argument, that a vast number of sex
offenders reoffend but are not caught. This argument is always trotted
out to support panics about crime, primarily because it is impossible
to falsify. However when sex offenders were asked in interviews whether
they had committed undetected crimes, the overwhelming majority replied
that they had not (Abel et al, 1987). Interestingly, other research
also reveals that sex offenders who had previous convictions were more
likely to have been convicted of burglary or theft than offences
against children (Canter and Kirby 1995).
The issue of child abuse arouses deep-seated fears. Sex offenders seem
to be from another planet altogether. The sorry truth is that the few
people who do commit sex offences are just ordinary people who err in a
moment of depravity. Nothing is gained by pretending that 'paedophilia'
is some kind of medical condition. On the contrary, by playing along
with the idea that people cannot prevent themselves from abusing
children, it becomes impossible to condemn the act when it does happen.
None of this would be of any account were it not the case that the
government is using the paedophile issue to undermine a basic principle
of justice: that people are punished for the crimes they do commit, not
for the crimes they might commit in the future.
The importance of Canter and Kirby's research and more broadly the
importance of upholding the principle of justice that a punishment can
be spent is that it recognises that people can and do change, that we
can learn from our mistakes. This is a fundamental part of what makes
us human.
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