Criminal Investigation

Question

There have been many debates over the last several years about the role of sex offender registries in the prevention of future offending by sex offenders. Research the sex offender laws in Virginia and then briefly discuss whether or not you believe: 1) that these laws are fair (when considering the purpose of justice) and 2) whether or not these laws serve their intended purpose. (Hint: be sure to explain why you do or do not believe that these laws accomplish number two above.)

Answer

Criminal Investigation

            In the state of Virginia, sex crimes are covered under Title 8.2, generally referred to as Crimes and Offenses. They are contained in Chapter 4 which is referred to as Crimes Against the Person. The laws against sex crimes are covered generally from Section 18.2-61 to Section 18.2-67.10 (Code of Virginia, 2016).  According to the law of the state of Virginia, a sex crime is said to have occurred when an offender is involved in a sexual act with an individual who has not or is not able to give their consent. Most of the sex crimes described in the chapter on sexual crimes involve physical contact. However, there are other sex crimes that an offender does without necessarily being involved in physical contact with the complainant. For example, indecent exposure, or unlawful photographing could be considered a sex crime. Apart from penalties, sexual offenders who have been convicted are also required to register their names in the sexual offenders’ registry for the state.

ORDER A SIMILAR PAPER NOW

The sex crime act provides laws that are fair in terms of justice. All sex crimes that involve physical contact cover a minimum of five years and a maximum of life imprisonment. Sexual offenses are divided into two categories: sexually violent offenses and sexual offenses. Sexually violent offenses carry heavy penalties than sexual offenses. For example rape, murder related offenses, forcible sodomy carry a minimum of 25 years imprisonment (Code of Virginia, 2016). In terms of justice, the laws are fair because they offer a retributive effect to the complainants.

Nevertheless, while some of the sex crime laws are effective, others do not serve the intended purpose well. For example, inclusion into sexual offenders’ registry only serves to bar first-time offenders from committing sexual offences (Letourneau, et al., 2010). Convicted offenders in most cases commit sexual offenses again when they get an opportunity (Letourneau, et al., 2010). Many cases of recidivism have also been reported in the sexual offenders that have been released after serving their sentences. However, those who are incarcerated for life do not get the opportunity to commit sex crimes again. The heavy punishments have also succeeded in reducing cases of sexual offences from first-time offenders (Virginia Criminal Sentencing Commission, 2001). The sex crime laws are effective in serving their intended purpose only to the extent that they provide punitive penalties for sex offenders, for example, life imprisonment.

References

Code of Virginia (2016) Criminal Sexual Assaults. Virginia Law. Retrieved from http://law.lis.virginia.gov/vacode/title18.2/chapter4/

Letourneau, E. J. et al. (2010). Evaluating the Effectiveness of Sex Offender Registration and Notification Policies for Reducing Sexual Violence Against Women: Final Report for National Institute of Justice. MUSC, Medical University of South Carolina.

Virginia Criminal Sentencing Commission. (2001). Assessing risk among sex offenders in Virginia. Richmond, VA: Virginia Criminal Sentencing Commission.