Kudos to our legislators for passing House Bill 186 during Delaware’s 2023 legislative session and to Gov. John Carney for signing the bill into law. HB186 will provide pathways off the sexual offender registry for our children. It is important for Delawareans to know that the multitude of sexual offense laws in our state apply to every single person regardless of age or gender. No one is exempt.
The most recent publicly available statistic from 2011 shows 639 children on Delaware’s sexual offender registry, 55 of whom were under the age of 12. Sadly, the growing body of overreaching, all-inclusive sexual offense laws meant to protect our children can potentially cause them great harm. A child of almost any age may be adjudicated as a sexual offender. Once on the registry, the anonymity of a child is often compromised, resulting in the child being bullied, physically attacked by peers, or worse. In some cases, the entire family may be harassed.
For some offenses, Delaware children are sent out of state to juvenile detention facilities, exposing them to hardened juveniles who often prey upon them. These children, often now traumatized themselves, are returned to Delaware at age 18 and placed on the publicly accessible registry as an adult and assigned as a Tier II registered sexual offender (for 25 years) or Tier III (for life). This for a crime committed as a child.
Delaware’s sexual offender registry is publicly available. In addition, registrants’ employers, landlords, neighbors and schools are notified by law enforcement. The ostracism toward those who wear the label sexual offender creates high levels of joblessness, homelessness and exclusion from educational opportunities. It negates opportunities for rehabilitation, restoration and redemption. Registrants’ families suffer collateral damage as well by being threatened, harassed and having their property vandalized.
It is incumbent for everyone, especially parents, to acquaint themselves with the many sexual offense laws in our state. An act that may seem innocent, such as consensual touching, may be punishable as a sexual offense. Protect your children from the laws that are meant to protect them, as they may become victims of those very laws.
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