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Dublin: 11 °C Wednesday 22 May, 2013

Column: New rules for sex offenders aren’t an option, they’re a no-brainer

We don’t even have an actual sex offenders’ register – and change is long overdue, writes campaigner and abuse survivor Andrew Madden.

Andrew Madden

THE ASSOCIATION OF Garda Sergeants and Inspectors conference today called for convicted sex offenders to regularly supply gardaí with additional personal information, including photographs.

The system of monitoring and support of sex offenders needs to be radically improved and gardaí having photographs of convicted offenders sounds like a very basic start.

Remember it was only last July that a Donegal caretaker, Michael Ferry, who returned to work in a school where he had previously sexually abused a child, was convicted for a second time for molesting and raping four boys at the same school, while he was subject to the conditions of the Sex Offenders’ Register.

The monitoring and support of convicted sex offenders in Ireland is almost non-existent. Sex offenders who have served their sentences are generally released into the community without supervision, though some are under the supervision of the Probation and Welfare Service. The requirements of the Sex Offenders Act 2001 do not mean that there is any real supervision… and that’s not just my view, they are the words of Judge Yvonne Murphy in the Murphy Report.

There is an urgent need for changes to this system to be made:

  • There is no actual sex offenders’ register. Released offenders simply notify the gardaí of their intended residential address. A multi-agency approach to the support and monitoring of released offenders must be developed along with a more stringent regime of signing on procedures with regular personal visits to Garda stations by released offenders.
  • All convicted sex offenders should be considered high-risk on release and should be monitored and supported accordingly. All such offenders should be subject to a Post Release Supervision Order which should be put in place at the time the offender is being released and not at the time of sentencing which is currently the case.
  • Those responsible for monitoring sex offenders should have the powers and the resources to make regular unannounced visits to the homes of released sex offenders.
  • Monitoring of sex offenders should include polygraph testing, electronic tagging, curfews and other restrictions – for example, an offender who only ever abuses children after he/she has taken alcohol should have it as a condition of their release that they don’t consume alcohol.
  • Parents and guardians should be able to register a concern with authorities about any individual who has access to their children about whom they are genuinely worried and in some cases it should be possible for them to be told if such an individual is a known sex offender or not.

This last measure is already being rolled out in the UK, having being piloted to great effect over an eighteen-month period. The pilot scheme in four counties saw one in ten calls to police uncover evidence of a criminal past. Out of 315 applications for information from concerned parents, details of 21 paedophiles were revealed. These were sex offenders known to the authorities who were putting themselves in a position of having access to children again, and they were stopped because those parents could register their concerns and access this informatiion.

Convicted sex offenders make up a very small proportion of all sex offenders, but every effort must still be made to protect children from them.

Andrew Madden is the author of Altar Boy: A Story of Life after Abuse, and writes a blog which can be found here.

Byline photo: Mark Stedman / Photocall Ireland

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Comments (41 Comments)

  • mart_n 02/04/12 #

    Define ‘sex-offender’.. In the UK just recently, a football streaker was placed on the sex offender’s register for 2 years. In the US, a 15 year old girl who shared intimate photos of herself was put on the register. Should either of those people be considered to be high-risk and monitored after release?

    Reply
    • The streaker I would and the girl I would not.

      Reply
    • mart_n 02/04/12 #

      How is streaking a sexual offence? Nudity, in and of itself is not a sexual thing.
      Introducing a register for sex-offenders sounds like a great idea on the surface, but with so many ambiguities and disparities surround established sexual-related laws, I don’t think it’s the way to go.

      Systems do already exist to monitor those who are deemed to be high risk upon release. The Gardai and judiciary make informed and educated decisions based on the knowledge they have. There’s just no need to produce what is essentially an address book of fear and hatred for the general public.

      When Larry Murphy was released, mobs formed outside of buildings where he was purported to be staying. Lives were quite possibly put at risk because of the uninformed and reactionary behaviour of others. Remember that story from England, where vying lynch gangs destroyed a Pediatrician’s home and clinic because they were too stupid to realise the difference in spelling?

      Fair enough, monitor those deemed to be dangerous.. just don’t let some vague system of laws dictate what that is.

      Reply
    • Is there a suggestion anywhere that the register should be made public? Would legislation establishing a register also define the offences committed. Why leave effective supervision to the vagaries of Garda and judicial discretion? Clearly the current arrangements are inadequate and inept.

      Reply
    • U answered ur own question really, ” after release” the offence must b worthy of a prison sentence , I don’t think the two u mentioned should.

      Reply
  • I said this in another article and I’ll say it here again. Sex offenders like rapists and child molesters should simply be kept in jail until they’re rehabilitated or cured (for lack of a better word). If you let them out while they’re still a threat then the prison and justice system has failed. If you think they can’t be ever changed, then why punish them for simply being born who they are? The idea of a register means that they’re still dangerous and simply shouldn’t be released. Also on a side note, should all violent crimes not have a register if that’s the case?…

    Reply
    • They should be beaten to an inch of there lives then sent to life imprisonment and in with the street criminals too…. just so they know what it’s like for the victims. Bet they would never try it again.

      Reply
    • @Martin
      So logically then, you believe in the death penalty for murderers? And the same for thieves, we can rob them so they know how their victims feel? I don’t doubt your good intentions, but your methods are savage and barbaric. We’re better than that.

      Reply
    • Martin Mac
      that is all very well, but who do you suggest should beat them ”to an inch of their lives ” then send them to prison and left in with general population I take you to mean ? How will this cure them or teach them . But I am curious as to who will do all of this punishing >

      Reply
    • Are you suggesting that Rape is a decease.??? The only ” cure” is life locked away from society and I mean Natural life

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    • @Robert Kelly: Taking the high road, while noble, doesn’t quite solve the problem either. Being the bigger man won’t help the smaller man grow, it just means he can get away with it.
      You spank a child a little when he’s bold and he learns to be good. An adult viciously beats somebody up so he should learn what it’s like to be on the other side of that. Perhaps he’ll learn. A person unremorsefully, premeditatively kills and they should be put down. statistically they will do it again givrn the chance and I will gladly sacrifice my prrsonal moral welbeing if it saves even one life.
      Of course this should all be contextually based and supported by rehabilitative therapy.

      Reply
    • @Stephen
      I don’t feel like I’m taking a high road, I just don’t think that we have the power to take another life or have the lack of sense to beat prisoners…
      As for the child analogy, a child doesn’t know right and wrong. It only knows how to avoid pain or punishment. I’m sure if you shocked him every time he laughed it wouldn’t laugh or try its hardest not too once it learned pain followed laughing. Of course to him its not “wrong” to laugh, only that doing so gives him pain (if you get what I mean).
      If the statistics you reference about some killers is true, then simply keep them locked up. An eye for an eye leaves everyone blind as you know.

      Reply
  • This article misses one very important point (as mentioned above) there has to be different categories of sex offender. A 16yr boy having sex with a 15yr old girl is entirely different to a pedophile etc.

    Reply
    • Yeah, I think it should be aimed at violent sex offenders. But can we then not condemn a consenting man/woman and child? I think in principle its similar to two underage kids who consent like what you said. Its a tough one…

      Reply
    • @Joseph Bosh

      Most definitely. Sometimes in a case where a 16yr old boy and a 15yr old girl has consensual sex I don’t think that deserves a jail term. Where a repeated offender is involved in rape, murder, molistation, it’s hard for me to say ‘not to keep’ him/her in jail. I feel that society would be safer if they were locked up indefinitely. (I am a mother of 2).

      A register of some kind is definitely needed and the residents should be told when one moves into their area/town.

      Reply
  • Wow!. I am surprised at the amount of people who are against people trying to offer support to victims of sexual abuse. In some cases, it is close to fifty per cent judging by the amount of red thumbs. Yet, none of these people choose to explain their rationale, and their obvious dislike of people displaying compassion towards people who have suffered some of the worst types of abuse known to mankind. Is there a troll convention going on that I am not aware of, or is there some after dark pedophile gathering that conspires to convince people that sexual abuse is normal?. I’m pretty much flummoxed in trying to understand the reaction here.

    Reply
  • dirlogic 03/04/12 #

    Let’s be clear: there is no cure for paedophilia. One study (and there are others) estimated that by the time of entry to treatment, non-incestuous paedophiles who molest boys had committed an average of 282 offenses against 150 victims. [see Linda S. Grossman, Ph.D., Brian Martis, M.D. and Christopher G. Fichtner, M.D. (1 March 1999). "Are Sex Offenders Treatable? A Research Overview". Psychiatric Services 50 (3): 349–361. PMID 10096639. Cited in Wikipedia article 'Pedophila']

    Paedophiles will repeat offend — just like a serial killer. Over 30 years of research conclusively establish that NO amount of education or therapy will cure or rehabilitate paedophilia. Drug (e.g chemical castration) and other cognitive therapies merely ‘reduce’ the number of repeat offenses. That’s not to say we shouldn’t treat them – we should. Such treatment of pedophilia often requires collaboration between law enforcement and health care professionals — and our laws need to be reflective of this. Society should seek a cure to eradicate this truly horrible and devastating psychiatric disorder.

    In certain cases, I would support a law to keep paedophiles locked up indefinitely. I support a public (yes, public and easily accessible via internet) register for convicted paedophiles. Please remember that paedophiles are intelligent predators who will deliberately repeat offend in cunning, calculating ways. This is a sad fact. So, yes to a register, yes to electronic & GPS monitoring, yes to restricting their access to children, and yes to requiring convicted paedophiles to provide updated photos – as often as necessary. Yes to providing our Gardai and social services with the support, authority,and funding necessary to enforce the law and protect our children.

    And Yes, to enacting clear legislation to support the above. And even all this is inadequate. Children will continue to be sexually abused everyday no matter what we do. So, what are we waiting for?

    Grant convicted paedophiles their human rights, by all means. They have a psychiatric disorder. Treat them. But the paedophile must forfeit his or her civil rights for the protection of society. And for their own protection. Educate and Rehabilitate the paedophile? I suggest it is our society that needs the education and it is our approach to dealing with the scourge of Paedophila that must be rehabilitated.

    Reply
  • we have technology these days that can monitor the location of any offender at any time. These is no reason why this isn’t in use today! Remember what they have been convicted of – physically raping a child. Their rights went out the door the second they took the innocence from a child, we should do what ever needs doing to protect our children.

    Reply
  • @ Robert Kelly,

    My opinion would be, to never let them out again. They have destroyed that child’s/adult’s life forever. They will never get over it l personally don’t believe ‘rehabilitation’ would help them, I feel it’s in them and they won’t just do it once. It is an illness, I feel, one that will never go away. Many, who have raped decline counciling and/or help when they are in prison. One prime example, is that evil savage (can’t think of his name) that went to jail for a few years after kidnapping and repeatedly raping a young business women in the Dublin mountains and was just about to kill her when two walkers came on the scene. He refused help when in jail.

    There should be a register and whenever that individual moves into a town/city/village area all the residents should be informed. They have the right to live and enjoy life to the full, they can’t whether there is a rapist living in their area or not. They will always have that fear for their children.

    Reply
    • What about drug regiments to blunt their libido? Or hypnosis? Its a weird case, do you take the same attitude towards murderers?
      Well someone who refuses to accept help or try to rehabilitate themselves shouldn’t be let out. Its really that simple.
      I don’t see someone wanting to live a happy life free of all risks as a valid argument towards monitoring these people. If they’re a danger then they should be locked up, otherwise let them live their lives.

      Reply
    • Robert Kelly
      you mean Chemical castration ? …. http://serendip.brynmawr.edu/exchange/node/1778

      Reply
    • @Susie
      I’m not sure what I mean. I’m neither a doctor nor psychologist and I don’t feel competent to make a claim like that. I really just don’t know…

      Reply
    • Robert K
      If my memory serves me correctly
      I remember hearing about this in the late 80′s / 90′s and it caused more harm than it cured . As I recall a man chemically castrated became more violent and so placed potential victims in greater danger. I am neither a doctor nor a psychologist, however I do know that rape and sex offences (Except pedophilia) is all to do with power over another person and rarely sex… I am not explaining myself very well , but I think in short hand speak ……Lock the f**kers up and keep them locked up !

      Reply
    • @Robert and Suie

      I believe the fear is that if they don’t have a penis to rape with, they might use something else – bottle, metal bar etc. It’s usually not the sexual act of rape that drives them but the power over their victims.

      I don’t believe there is a prefect solution to prevent any crime, technology like CCTV, GPS etc. can help, more police, registration etc. all will help.

      Reply
  • Rather unfortunate choice of photo.
    Blue in this instance refers to mandatory use of PPE (personal protective equipment), which in the case of sex offenders must presumably mean a johnny.

    Reply
  • there is nothing that comes close to being justice for a sex abuse survivor! a proper register may help to lessen repeat offences assuming the offender has been charged or reported in the first place -

    Reply
  • Why on earth would the same school take that caretaker back, it shows a complete lack of respect for the safety of their children that this school did this and I would say that they (the school) are as much responsible for the abuse of those further four boys as the perpretator. it is no different than the people who turned a blind eye in the church.

    Reply
  • This is typical of you to be leading the mass hysteria. You put the fear into people

    Reply
    • Regulation is the keyword.
      This term is yet to infiltrate Irish society.
      Such as the legal profession,medical profession etc.
      Basically any body that effects the public safety, welfare and human benefit.

      Reply
    • Perhaps if you were to suffer abuse you would not be so quick to pass that comment

      Reply
    • @ hasnooneasked. I think you will find that it is the perpetrators of these vile crimes, that have caused people to be afraid and not, as you state the victims like Andrew Madden. Have you forgotten that he was instrumental in exposing this deep dark secret, that destroyed so many lives?. His testimony was pivotal in bringing the abuse to light. His ongoing efforts to try and tighten child protection laws should be applauded. I, for one would like to take this opportunity to thank him for his courage, and as a parent, to thank him for helping to make Ireland a safer place to raise my child. Andrew, you have my deep appreciation and I wish you all the best, in our uncertain future.

      Reply
    • @Dhakina’s Sword

      Hear, hear. Agree with you wholeheartedly. Andrew Madden has been one of the bravest people in this country in a long time. I am sure it was not easy for him to tell his story. But he knew it had to be told.

      Thank you Andrew for being you and for making our country a safer place to live. You and the rest of us know there is a lot more work to be done. The less you read or listen to idiots like ‘hasnooneasked’ the better. Keep all negativity out and let as much positivity into your life as possible. Keep strong and be happy with yourself and thank you from my and my two children.

      Reply
    • WEll said D S and I second that comment !

      Reply
    • Child safety is Number One and should be top of everyone priority Pedos are so sly and cab fool so many and gain trust and then we are all aware of the outcome and delighted to See we are as a nation are trying to make sure of our children’s well-being and safety

      Reply
  • Even though they are registered Sex Offenders they are slipping through the loops here in Ireland. I am aware of someone coming and going as they please within the past 18 months. What about our children, how do we keep them safe from these preditors???

    Reply
  • @Robert Kelly

    I don’t know enough to give a deeper opinion on it Robert, but I feel at this moment in time that even if they were given drugs to blunt their libido I would have the fear that they might move onto something very sinister as torture, and that would be the way they’d release whatever horrible evil feelings they are having on that child/adult. I would be too afraid to even give them that chance as it would mean another child/adult’s life destroyed because certain people in charge decided to do test trials on these drugs and ‘hope for the best that they work’.

    To me, somebody that has murdered another human being does not deserve freedom to live their life. ‘A life for a life’. That also includes rapists. To me they also have destroyed that innocent person’s life and it will never be the same again, no matter how hard they try to forget what happened them. The hurt and pain would always be there.

    Reply
    • @Sheila
      I know what you mean. I feel some people are making bold claims about the psychology of humans and they have vast implications on how we should view justice. Obviously if someone commits a crime because he/she has a tumor in his/her head we tend go exonerate them of guilt, because it wasn’t necessarily their fault (providing their is evidence that the tumor caused the criminal behaviour). But people aren’t so quick to take the side of people who are “born” killers/rapists/thieves, who through a simply accident of genetics have a higher probability to commit crime. How we can then turn around and punish these people (providing what some people say about criminals not being able to change is true) is morally bankrupt.
      I think we almost have to believe they can change for the sake of justice.
      I know we can’t help the victims forget always, but we can do everything in our power to make sure that something like that doesn’t happen again and that proper justice is served.

      Reply
    • Question is. Is it libido that drives predators? That would suggest a mere sexual disfunction that is amenable to treatment. Maybe the use of the terms sex offender, predator takes us down a wrong path. If sentencing is merely based on punishment, deterence and the possibility of ‘rehab’ or ‘cure’, we will continue to see this kind of abuse. We can be humane, and accept that some people to too dangerous to be at liberty. ..

      Reply
  • Excellent article Andrew. Points well made. Child safety must be the priority and anything that can help the authorities prevent abuse is to be welcomed.

    Reply
  • Excellent article. I am surprised at the amount of backlash, though. A sex-offenders registry for predatory offenders is a no-brainer. I can’t believe Ireland doesn’t already have one. I agree that a sex-offender such as a paedophile needs stringent monitoring and we need updated rules to allow for this. It is well established that paedophilia is a serious psychiatric disorder. Treatment is largely ineffective without close supervision and monitoring, even when the paedophile voluntarily participates in therapy. Experts say that it is important for the law enforcement and health professionals to be able to share data and cooperate as a part of any release program. It makes sense and is not a violation of human rights to give Gardai the power and funding necessary to monitor convicted paedophiles. Long periods of strict probation and treatment as a condition of release, are the only way to protect our society against convicted paedophiles. Remember, child molestation is a pathological mental illness. That is not an opinion; it is a medically established fact supported by years of studies. There is no known cure. It is the only illness I know of where treatment is mainly geared to protect society. Without treatment there is high risk of repeat offenses.
    A distinction does need to be made between the different types of sex offenders. Not all are predatory monsters. But in all cases, they should be afforded treatment and monitored in accordance with the law and the best interests of society. I am a firm believer in respecting rights. However, the ”convicted” sex-offender loses some of their rights to privacy as a pre-condition for being integrated back into society. Not only is that prudent; it is just.

    Reply
  • First of all, thank you Andrew for your bravery in uncovering this no doubt never-ending atrocity. I think there absolutely should be an offenders register here and collaboration with all countries, not just UK – why stop there? I am aware of a convicted offender who was registered in the UK, moved back to Ireland with his family and lives the life off the Government here, whilst continuing his perverted pursuits, hassle-free because of the lack of register here….he has been tearing families apart in this country and in UK for more than 40 years and has NEVER seen the inside of a prison for it. How do I know? I am one of his victims, as several other family members, and more recently, MY daughter – whom I tried my best to keep away from him. He posed as a potential “match” on a dating site that my daughter was using (she is 18 and living alone) and she was horrified and totally anguished to find out that the person who persuaded her to send him graphic pictures of herself, was her own uncle….what kind of depraved animal would do this? Of course since she is 18 nothing can be done, (believe me I have tried!) but had he been a registered offender, this would have not been able to happen in the first place.

    Reply

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