April 2011:Abstract:
This paper examines the pervasive conviction that sex offenders – particularly child molesters – will continue to re-offend. This belief in inevitable recidivism turns out to be absolutely essential to both the justification for, and the structure of, the sexually violent predator laws. When actual evidence of sex offender recidivism is examined, however, a huge gap exists between what is assumed and what the data actually show because most sex offenders do not in fact re-offend. Thus there is a galaxy of sexually violent predator laws and an entire branch of Supreme Court jurisprudence that is founded upon a demonstrable urban legend. ..For the remainder of this paper.. by Tamara Rice Lave, University of Miami, School of Law, 1311 Miller Drive, Room G268, Coral Gables, FL 33146, United States
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