English 121
I-Search paper
Draft 2
November 17, 2009

Are community notification laws justified?

Introduction & Research Questions
Picture of Megan Kanka. Taken from Cal State, San Marcos’s University Police Department.
Are community notification laws justified? When talking about such a controversial topic, we must ask ourselves why community notification laws were created. Richard and Maureen Kanka thought that their daughter Megan was safe. The Kankas had lived for fifteen years in quiet, suburban Hamilton Township, New Jersey. A family of five, they worked hard, paid their taxes, believed in God, charity, and the goodness of others. July 29, 1994 was a tragic day in history. First-grader Megan Kanka, Richard and Maureen’s daughter, was walking home from a friend’s house. As she was walking towards her front door, Jesse Timmendequas, a landscaper who had lived across the street for about a year, invited her over to pet his new puppy. When she followed him inside, he led her to an upstairs bedroom. That would become the last thing that she was free to do. For at that moment, Jesse stole her innocence. After he strangled her unconscious with his belt, he raped her and smothered her to death with a plastic bag. Timmendequas then placed Megan's body in a toolbox, drove to a soccer field a few miles from his house and dumped her body in some bushes. "Megan had a big heart; she was a great, great little girl," says her mother, Maureen Kanka, her voice rising in anger. "And he discarded her like she was a piece of trash” (Jerome).
If only they were aware of his previous record as a sex offender. If only they knew a child sexual predator was living across the street. When we think of these awful things, we always think of what could have been done differently. Being a parent myself, I always hope for the best for my child, but fear the worst. I work in the security industry, I’m more aware of criminal activities than most parents who are less knowledgeable about the criminal justice field. Among many fears, child sexual abuse is in my top five. As a result, I keep up on current events and notification laws.
Before I started this project, I was familiar with the severity of child sexual abuse. Through my Criminology studies at the College of Lake County, I know that one out of every four girls will be sexually assaulted before they turn eighteen. When I learned about this alarming statistic, community notification laws were brought up for discussion. These laws allow communities to be notified of sexual offenders who are about to be released from jail and the location of current convicted sexual offenders living in their neighborhood. Larger cities use databases that can be viewed by anyone who has access to the Internet, while smaller towns, which don’t have the ability to publish online, use paper publications to notify their community members. These laws exist to inform the community and prevent further child sexual abuse from repeat offenders. The question therefore remains whether community notification laws will ultimately be beneficial. When talking about the beneficial effects of community notification laws, we also have to consider the opposing viewpoint. The constitutional challenge to community notification statutes question whether the burden imposed by the law constitutes punishment of the offender after their time has been served. With these questions in mind, I would like to show how the benefits of community notification laws outweigh the burden imposed on convicted child sexual offenders.

Research Process When I began my research for my paper, I had a different topic in mind. My original paper was about what interventions are appropriate when punishing child sexual abusers. During my research process, it was difficult to find credible sources pertaining to the topic. One of the questions I was researching was about the effectiveness of community notification laws. As I researched this question, I found a lot of credible information on community notification laws. The more I researched this question, the more I grew interested. I decided to change my topic to my current topic: Are community notification laws justified? After changing my topic, my two main focal points were at hand. From researching my previous topic, I came upon two research journal articles by presenting opposing viewpoints about community notification laws. One is titled “Community Notification Laws Help Prevent Child Abuse” and argues that these laws have helped communities and neighborhoods by providing them with the names of released sexual predators, thus helping prevent repeat offenders from attacking other children. The other article, “Community Notification Laws Do Not Prevent Child Abuse,” states that these laws violate the rights of sexual offenders by punishing them after their time has been served. I performed a new search on the Internet and came across a professional website. The Megan Nicole Kanka Foundation was founded shortly after Megan’s brutal rape and murder. The foundation helped to establish Megan’s Law, the first community notification law in the United States. Since then, the foundation has encouraged congress to pass many laws against child sexual offenders along with starting similar laws in other countries. Currently they fight for increased penalties towards offender’s who fail to register as a sex offender. When conducting interviews for any topic, I must consider two things: How does the person relate to the topic? What is the credibility of the person who is being interviewed? Interviewing non-credible sources is a pointless gesture because without credibility, I cannot prove their knowledge of the topic. The first person I decided to interview was John Lacy. John is a long-time friend and has extensive knowledge about community notification laws since he has been in the security field for ten years. I also chose John because I wanted the opinion of a parent for my research. While interviewing John, I gained more insight into the thoughts of a parent. John has a three-year-old girl, and although seventeen percent of boys have a chance of getting sexually assaulted, girls have a twenty-five percent chance, and therefore they are more likely to become victims of child sexual abuse (Community Notification Laws Help).
The second person that I chose for my interview is Roger Voltz. Roger is a professor and former department chair of Criminal Justice for twenty-three years at the College of Lake County. Roger specializes in the areas of child delinquency, criminology and corrections, and introduction into criminology. With his criminology knowledge and his research experience, I found him to be a credible source of statistics, reasoning, and the behavior of child sexual abusers. When I interviewed Roger, I asked open-ended questions, which in turn allowed him to question his own opinion on community notification laws. Roger’s interview also opened new questions about community notification laws. His interview helped me gain insight into the mind of criminal sexual abusers. Towards the end of my research, I realized that I hadn’t found a book that I could relate to my topic. There were a lot of books on child abuse, but the focus of these books was on the victims of child abuse and not the offenders. After a long search, I decided on one of my previous school textbooks; Criminology, The Core by Larry J. Siegel. This is currently used in classes at the College of Lake County for the Introduction to Criminology class. This book contains an abundance of information about child sexual abuse and community notification laws.
What I Learned About The Argument
Child sexual abuse is defined as the exploitation of children through rape, incest, and molestation by parents or other adults (Siegel 241). When I was studying criminology with Roger Voltz, a professor of criminology at the College of Lake County, I found out that approximately twenty-five percent of women and seventeen percent of men were sexually abused when they were children. Most sexual abuse offenders are acquainted with their victims. Although parents and relatives are a small percentage of these offenders, people who are acquaintances to the child such as friends of the family, babysitters, or neighbors make up a majority of the sexual abusers. Most child sexual abuse is committed by men, although women do commit child sexual abuse as well.
When I heard that one out of every four girls would be a victim of child sexual abuse before they turn eighteen, I was surprised that the percentage was so high. What is worse is that those percentages were of reported cases. Sexual abuse is a traumatic experience for the child and the parents. Due to this, the adult abuser will usually take advantage of the child’s innocence, trust or affection. In many cases, the abuser will threaten or bribe the child to keep silent. With these threats, fear and embarrassment, most children do not tell anyone about the abuse. The betrayal of the abuser causes the child to feel a lot of guilt. Often the child feels the abuse is his or her fault. In many cases, the abuser uses these fears to condition the child so the abuser has the opportunity to repeat the offence. When the parent does find out about their child being abused, often the parent is reluctant to report the incident because they do not want to put their child through the legal battles involved in prosecuting the offender. In other cases, the parents do not believe the child because they couldn’t comprehend the notion that a close family member committed the offence.
My mother once told me about her encounter with such an incident. When she was just seven years old, her cousin’s uncle was babysitting her. He told her to sit on his lap while they were watching television. He proceeded to put his hand under her pajama top and grope her breast. After my mother got home, she told her parents, who in turn didn’t believe her story. It was not until two years later, when he was caught doing the same thing with another cousin, that her parents believed her (Helrigel).
Unfortunately, Megan Kanka was among those who didn’t survive their encounter with sexual abuse. Megan Kanka's death started an outrage from both the Kanka family and the surrounding communities. Her death outraged people around the world due to how it was committed. According to People Magazine, “What made the murder especially infuriating was that unknown to the Kankas and their neighbors, Timmendequas, who confessed to killing Megan, had already served six years in prison for aggravated assault and attempted sexual assault of a child. ‘I knew nothing about him,’ says Kanka, ‘None of us did. If I had been aware of his record, my daughter would be alive. I would never have allowed her to cross the street’" (Jerome).
When talking about community notification laws, we must first consider the opposition. Community notification statutes, commonly known as Megan's Law, forces critics to argue that, “[i]f anything, community notification laws can eventually lead to more incidents of child abuse. A former sex offender trying to lead a reformed and productive life may be barred from doing this by unsympathetic neighbors” (Community Notification Laws Do Not). This will often result in violence towards the offender when parents are notified that a sexual offender has been released. "’Does notification really achieve security?’" asks Phil Gutis, a spokesman for the American Civil Liberties Union (People). Community notification laws can lead to more incidents of child abuse. When the community learns that a child sex offender has been released in their neighborhood and is living among them, the community will often isolate the offender from the community. By being forced to live underground from society, the former offender has a good chance that he will commit his crime again because he feels alienated from society. The National Center on Institutions and Alternatives (NCIA) argues, "’Making life-time lepers out of most all sex offenders could cripple the recovery of many and irrevocably some. Such tramplings that make sport out of destroying people will most certainly not reduce reoffense rates, it only sets a stage for further irresponsibility’" (Community Notification Laws Do Not). Supporters, on the other hand, argue that Megan's Law helps to reduce crimes and make communities a safer place to live by “mak[ing] the general public more aware of the dangers that children face on a daily basis” (Community Notification Laws Help). Community notification laws might scare sex offenders from committing once again. Alan D. Scholle, writer for the FBI Law Enforcement Bulletin, argues that community notification laws, when used in conjunction with community education and cooperation, can help reduce sexual violence. According to Scholle, such laws can be used to apprehend suspected sex offenders and help law enforcement agencies solve sex crimes (17).
Although some might argue that these laws can lead to more child abuse, by allowing the general public to be aware of sexual offenders in their neighborhood can provide additional safety for the children in the community. More and more communities are asking for that very responsibility. Through my studies with criminology, I found that criminals are more likely to commit crimes in neighborhoods where they do not know the neighbors, and where the neighbors do not know one another. When neighbors work together with one another, criminals are less likely to commit crimes because the neighbors would recognize them. This is especially true if the community knows that they have a criminal record. Community notification laws do work to prevent child abuse and are used as protective measures by neighbors and communities. “[When Megan’s Law] went into effect in California on September 26, 1996, law enforcement agencies distributed notification flyers to various businesses and residential districts with the name, photograph, convictions, and parole conditions of sex offenders residing nearby” (Community Notification Laws Help). When the police distributed the flyers, one resident recognized a man who was involved with a little league team. After police investigated, the sex offender was arrested for molesting eight boys who were on the team. Community notification laws rob the released offender of anonymity by letting neighbors know the offender's criminal history and his place of residence. Public safety is enhanced, and armed with this information, neighbors can be on guard and assist in the monitoring of the released offender's activities.
Communities can also use notification laws to prevent a released offender from moving into the neighborhood. Once a public hearing is held and information is distributed, landlords often become reluctant to rent housing to a person who makes community members apprehensive. Even if the released offender does move into the community, the person will be isolated from his neighbors. Therefore, communities are empowered to take control of their neighborhoods and assert their right to safe and secure homes.
When talking among my fellow classmates for their opinion about community notification laws, they agree with me that registration and notification do have an impact on the lives of released sex offenders. However, they believe that society as a whole should have more rights than an individual sex offender. Felons, for example, are not entitled to vote or possess firearms because of their criminal convictions. Registration and notification are legitimate civil restrictions that flow from the underlying criminal act. Public safety mandates that such laws be used effectively.
My View Of The Argument Now When I first started this topic, I was apprehensive about the information that I would be able to gather. Originally, my main question was, are community notification laws justified? Along with my main question, I asked whether community notification laws would be beneficial and if the benefits of community notification laws outweigh the continued punishment of the offenders after their time is served. After completing this paper, I have answered these questions. Community notification laws, such as Megan’s Law, are beneficial to society. Through these laws we are able to look up information that will protect our children from becoming victims of child sexual abuse. Although these laws will not stop sexual abuse all together, they are designed to help. “Critics of community notification laws complain that offenders who have served their sentences are punished again by being robbed of their privacy” (Community Notification Laws Help). However, given the irreparable harm done to child if a child abuser strikes again, does the child’s safety outweigh the harm befalling the released criminal? With this in mind I have to agree, if community notification laws are able to save the life of a child, then the law is beneficial to society. As I worked on this paper, new questions arose. The main question I had was if community notification laws are going to increase in strength, stay the same, or be taken away as time passes. Hoping that the laws would stay the same for the most part, I would hope for harsher punishment if the released offender becomes a repeat offender. If a registered sexual offender doesn’t register when he moves, what steps are taken to locate this offender? With this question in mind, if I completed this paper again, I would attempt to interview a police officer in a department. I did try to interview the College of Lake County police department, but the process of getting approved to interview a police officer was too extensive and with my busy schedule, I was unable to get approval on time. I do wish that I had the benefit of a survey. I feel that if I had a survey to pass out and collect more data on what the public thought about community notification law, it would have provided more of an insight of society’s thoughts on community notification laws.
Even though the surveys were not preformed, I feel that there was a lot of time and effort that went into this paper. As a parent myself, I am very concerned about child sexual abuse. I hope that my Eddie will be safe from predators and with the information provided with the community notification laws in my neighborhood; I feel that he will be.
When I was concluding this paper, I found it still needing something. As such, I have chosen to end my paper with a quote by Patty Rase Hopson, Co-Founder of LavenderPower.org, a non-profit organization devoted to the survivors of trauma. She states, “’Innocent People do not have to lie, hide or be silent, because there is nothing for us to be ashamed about. We leave that for the Guilty People to encounter every day of their life’” (Hopson). When committing such a taboo crime, you should be prepared for the repercussions.
Bibliography
Community Notification Laws Do Not Prevent Child Abuse." Opposing Viewpoints Digests: Child Abuse. Ed. Henny H. Kim. San Diego: Greenhaven Press, 2000. Opposing Viewpoints Resource Center. Gale. College of Lake County. N.p., 22 Nov. 2009

"Community Notification Laws Help Prevent Child Abuse." Opposing Viewpoints Digests: Child Abuse. Ed. Henny H. Kim. San Diego: Greenhaven Press, 2000. Opposing Viewpoints Resource Center. Gale. College of Lake County. N.p., 22 Nov. 2009 Helrigel, Marsha. Personal interview. 20 Nov. 2009.

Hopson, Patty Rase. “Patty Rase Hopson.” Quotes Daddy. N.p., n.d. Web. 10 Dec. 2009.

Jerome, Richard. “Megan’s Legacy.” People 20 Mar. 1995: Vol. 43, No. 11. N.p., Web. 22 Nov. 2009.

Megan Nicole Kanka Foundation Inc. “Our Mission.” Megan Nicole Kanka Foundation. N.p., n.d. Web. 22 Nov. 2009.

Scholle, Alan D., M.S. “Sex Offender Registration: Community Notification Laws.” FBI Law Enforcement Bulletin 69.7 (2000): 17 to 24. N.p., Web. 20 Nov. 2009.

Siegel, Larry J. Criminology: The Core. 3rd ed. Belmont, CA: Wadsworth, 2008. Print.

Voltz, Roger. Interview towards Child Notification Laws interview. 13 Oct. 2009.