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Cutting through the hysteria and hype, Reconsidering Sex Crimes and Offenders: Prosecution or Persecution? argues that while convicted violent sex offenders certainly should be punished, many laws targeting minor sexual offenses are outdated, overly severe, and too concerned with satisfying public outrage driven by distortions, misconceptions, and sensationalistic media coverage.Reconsidering Sex Crimes and Offenders is sure to challenge readers' understanding of who a sex offender is, how they should be treated, and how best to protect the community from such offenders. The book looks at how the legal definitions of certain offenses have changed over time and then explores a series of real-life case studies. Readers will discover how some citizens have been targeted and punished for consensual acts—including homosexuality, polygamy, and pornography. Additional coverage considers a number of highly controversial laws—from residency restrictions to the death penalty—and the media's role in fueling public support for them.
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RECONSIDERING SEX CRIMES AND OFFENDERS
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RECONSIDERING SEX CRIMES AND OFFENDERS Prosecution or Persecution? Laura J. Zilney and Lisa Anne Zilney
PRAEGER An Imprint of ABC-CLIO, LLC
Copyright 2009 © by Laura J. Zilney and Lisa Anne Zilney All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Zilney, Lisa Anne. Reconsidering sex crimes and offenders : prosecution or persecution? / Lisa Anne Zilney and Laura Zilney. p. cm. Includes bibliographical references and index. ISBN 978-0-313-34857-0 (alk. paper) — ISBN 978-0-313-34858-7 (ebook) 1. Sex offenders—Legal status, laws, etc.—United States. 2. Sex crimes—United States. I. Zilney, Laura J. II. Title. KF9325.Z57 2009 345.73'0253—dc22 2009022952 13 12 11 10 09 1 2 3 4 5 This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper. Manufactured in the United States of America
In memory of Leviathan (1996–2009), for years of playful companionship and a lifetime of loving memories. —Lisa To G for showing me another way of thinking. —L.J.
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CONTENTS
Acknowledgments Introduction
xi xiii
PART I:
EXPLAINING SEXUAL OFFENDING
1
CHAPTER
1: Religion, Medicine, and Social Science
3
Religion The Medical Model Who Has Influenced the Making of a Sex Offender? How Do Social Scientists Explain Sexual Offending? Learning from Associates: Social Learning Theory The Influence of Culture: Social Control Theory Individual Decisions: Rational Choice Theory What’s in a Label? Social Reaction Theory How Do Sexologists Explain Sexual Offending? Socio-Sexual Response Cycle Sexual Anthropology CHAPTER
2: How Many Sex Offenders Are There? Child Sexual Offenses Adult Sexual Offenses
3 7 9 13 14 15 16 18 19 20 22 25 27 28
Contents
viii
Internet Sexual Offenses Female Sexual Offenders Juvenile Sexual Offenders Who Is the “Typical” Offender? PART II: CHAPTER
PASSING LAWS
3: Creating Laws to Deal with Sex Offenders The Media’s Role in Creating a Moral Panic Societal Responses to Sexual Offending Sexual Psychopath Legislation of the 1930s Reforms in Legislation Legislation of the 1990s and Beyond
CHAPTER
4: Case Studies of Select Law