Are Arizona Courts Shifting Toward Treatment Over Punishment in Sex Crime Cases?

Although there are some groups advocating for treatment and rehabilitation rather than prison time for some sex crime cases, those groups have not yet accomplished any meaningful change in the way sex criminals are sentenced. Arizona still maintains stringent sex crime sentencing laws and sex offender registries.

The Consequences of Sex Crimes in Arizona

People convicted of sex crimes in Arizona, particularly those who are placed on the sex offender registry, are condemned to deal with the societal repercussions and stigma for long after finishing their sentence. Both registrants and their families may face ongoing humiliation and isolation due to the reactions of neighbors who are notified.

These consequences are universally applied by society regardless of a perpetrator’s recidivism risk or the type of sex crime they committed. Neighboring families may treat someone convicted of statutory rape in their 20s the same way they would treat a person convicted of child abuse.

Sex offender registrants also face an ongoing loss of employment opportunities. Even if their past conviction is initially overlooked, there are scenarios where an employer may be informed about a worker’s past conviction months or years after they were hired, leading to termination.

People in these situations often have difficulty forming or maintaining personal relationships for the same reason. If a significant other discovers an incident from decades past, it may lead to the dissolution of the relationship.

Additionally, people on the sex offender registry often face ongoing violence and threats of violence from members of the community.

Recidivism and Risk to the Community Is Not Universal

Studies have suggested that sex crime recidivism rates are lower than the rates of recidivism for criminals in general. One study that included 9,691 male sex offenders found only 5.3 percent committed another sex crime within three years of their release compared to a 17.1 percent violent crime rate and 43 percent overall arrest recidivism rate.

However, there are some fundamental problems in reported recidivism rates in sex crimes, including:

• Many sex crimes remain unreported
• The likelihood of reporting sex crimes decreases with the victim’s age
• Not all sex crimes that are reported are prosecuted

Modifications Recommended by Some Advocacy Groups

A recent op-ed published in Arizona Capital Times highlighted the failure of sex offender registries to prevent sex offenses, protect children or make communities safer. Multiple studies have shown that registries do not reduce sex crime recidivism.  

The American Law Institute (ALI) recently released a list of recommendations for modifications to the Model Penal Code to protect the rights of people convicted of sex crimes. Some of their recommendations include:

• Limiting access to the more detailed information on the sex offender registry to law enforcement rather than making it public.
  
  
• Limiting public access to details like addresses and contact information for specific types of sex offenders.
  
  
• Only require registration of people convicted of the more serious sex offenses and removing individuals convicted of some non-violent and consensual acts from the registry.
  
  
• Decriminalizing some non-commercial sex acts performed between consenting adults. For example, violations of public indecency laws where two consenting adults were charged with sex acts visible in a public area.

Changes to Arizona Sex Crime Laws

The increasing importance of immigration in political and societal debates has led to an increased national focus on sex trafficking. Sex trafficking is unique in sex crimes in that the perpetrators are not always themselves the ones sexually abusing their victims. They are instead monetarily profiting from the abuse. Most states, including Arizona, maintain harsher sentencing guidelines for sex trafficking than for sex abuse.

House Bill 2623, signed into law in May 2024, allows victims of sex trafficking to apply to have prostitution convictions vacated if they can show evidence that they were trafficked. Arizona voters will also have the opportunity to vote on Proposition 313 on Election Day 2024, which will impose mandatory life with no possibility of release for people convicted of child sex trafficking in Arizona.

Critics of the bill suggest the current punishments are adequate, and there’s little evidence that increased penalties will lead to improved public safety or act as an effective deterrent for sex traffickers.   

Get Aggressive Sex Crime Defense in Phoenix

Have you or a family member been accused of a sex crime in Arizona? Arizona Board-Certified Specialist in Criminal Law, Michael Alarid III, is ready to fight for your rights. Call our office at (602) 818-3110 for a free case evaluation.