Sex Offenders

Are tougher laws the answer?

The recent tragedy in Tacoma involving the murder of 12-year-old Zina Linnik by a convicted sex offender has prompted suggestions that the Legislature should toughen our state’s sex offender laws.

Washington state law has always been tough on sex offenders. In fact, we have a long history of leading the nation, including being the first state to: do civil commitment for sexually violent predators likely to re-offend and require notification of sex offenders released into neighborhoods.

The kidnap, murder, and sexual assaults in Idaho by former Washington state offender Joseph Duncan led to a major reform of our state’s sex offender laws. In 2006, Senate Democrats worked with police, prosecutors and victim advocates to pass more than 20 tough bills – while approving significant funding increases to the criminal justice system in the state budget – all designed to catch more sex offenders, convict more sex offenders and protect victims.

Among those laws:

• 25 to life – Giving prosecutors the ability to file a “special allegation” in sex offense cases that means 25 years to life for the most serious sex crimes against young children and vulnerable adults.
• Cold cases – Allowing a case to be brought when DNA evidence becomes available that identifies an offender.
• Protecting children – Making assault of a child in the second degree a “two strikes” and “determinate plus” sex offense and making possession of child pornography a registerable sex offense punishable by time in prison.
• Protecting victims – Protecting discussions between sexual assault victims and their advocates, which can increase a victim’s willingness to report and cooperate in prosecution of sex crimes. Providing victim witness advocates to assist victims during the criminal justice process. Giving victims of sexual assault the ability to get a protection order from the court so the assailant stays away from the victim. The court can issue the order even when no criminal case has been filed.
• Monitoring sex offenders – Addressing sex offender registration by tightening requirements and increasing penalties for failure to register so that an offender gets real prison time on a second offense.
• 24-7 monitoring – Allowing the Department of Corrections to order electronic monitoring of sex offenders following their release from prison when appropriate.
• Community protection zones – Making permanent a “community protection zone” restriction that prohibits offenders that have been sentenced under the state’s “determinate plus” sex offender sentencing law from living within 880 feet of a school upon their release from prison.
• Victim notification – Funding is included for implementation of a Victim Information and Notification System that will allow crime victims to be notified by phone or e-mail.
• Keeping playgrounds, parks and pools safe – Giving owners and managers of places where children are frequently present – such as schools, playgrounds, pools and parks – the ability to require that certain registered sex offenders who have committed offenses against children leave, and not return to, the property.

During the reform efforts of 2006, after hearing from the experts, including prosecutors, law enforcement officers and victims and their families, several principles guided the legislatures policies regarding sex offenders.

• To get justice for victims, victims and their offenders must first be identified. We must provide victims and their families the support needed to endure the processes of the criminal justice system, which includes victim witness interviewers, counseling and assistance with related medical care costs. It also means providing families options in cases of intrafamily offenses.
• Getting a conviction is absolutely necessary to punish offenders and prevent future victims. Our laws must provide prosecutors and law enforcement with the tools they need to catch and punish offenders. Sentencing policies that significantly threaten or reduce our ability to convict a sex offender will not protect more children; they will continue to put children at risk of further abuse.
• Getting a conviction is often complicated because:
  • Only 10 percent of sex offenders are strangers to the victim, and the younger the victim, the more likely it is to be a family member;
  • 40 to 50 percent of sex offenders against a child younger than 12 are family members; and
  • 30 to 40 percent are close friends or trusted adults.

Senate Democrats will keep these principals in mind as we address the issue over the coming months and in the 2008 legislative session.

No matter how tough our laws are, there will unfortunately still be sex offenders among us. But there is always more we can do:

• We need better community education. Families must be taught how to identify offenders and inappropriate behavior designed to gain trust and groom victims.
• Law enforcement requires adequate tools and resources to track offenders. This is why we invest in those areas every year and are working with law enforcement and prosecutors to ensure they are able to properly punish offenders who fail to comply with supervision and registration requirements.

It is our intent to continue working in a bipartisan fashion on laws that will protect the public. We see public safety as government’s number one priority and will continue to spare no expense to provide the safest environment possible for the citizens of Washington.