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Tracking sex-crime offenders in Japan
January 24, 2005
The Justice Ministry, concerned about the growing incidence of sex offenses
against children, is set to launch a tracking system for convicted sex
criminals, perhaps by the end of March. The idea is to try to reduce the
possibility of their repeating similar offenses by having them keep the
National Police Agency (NPA) informed of their home addresses from the time
they are released from prison. The police will be prohibited from disclosing
such information.
The system represents a step in the right direction, although details have yet
to be worked out. There is serious concern, however, that unless it is strictly
managed the system could deter the rehabilitation of released convicts and
violate their human rights. That is why justice and police authorities must
share only residential information -- excluding all other personal data -- and
use it only for internal purposes.
The kidnap-murder of a 7-year-old schoolgirl in Nara City in November has
focused attention on the problem of sex-crime recidivism. The accused
perpetrator, who was arrested in December, turned out to be a 36-year-old man
who had been jailed twice for molesting young girls. The NPA responded quickly,
calling for stronger action to address the problem.
Public opinion in Japan is shifting decidedly in favor of tougher measures to
prevent the recurrence of vicious sex crimes. Already criminal law has been
tightened to raise the minimum prison term for rape to three years from two
years and to establish the new crime of gang rape.
Keeping tabs on where former sex offenders live is a practical step to prevent
relapses -- a step that officials say will require no legislative action.
Still, the sharing of their residential information by law-enforcement
authorities presents a number of potential problems. One is the possibility of
overreaction.
A "high" rate of sex-crime recidivism is said to be justification for tracking
ex-convicts. According to the latest crime white paper, though, the rate in
2003 was 8 percent for rapes and 11 percent for indecent assaults -- far lower
than the recidivism rate for injurious assaults and extortions (20 percent
each) and for thefts (18 percent).
Privacy violations are another risk. A convicted sex offender, once he is
released from prison upon completing his term, is entitled to privacy
protection. Law-enforcement authorities will do him a gross injustice if they
continue to treat him, on parole or otherwise, as if he were still a criminal.
Another possibility is that the tracking system may hinder, rather than help,
the process of rehabilitation and re-employment. In-house correctional programs
will offer little motivation unless convicts can hope to start a new life after
leaving prison. Expectations of social isolation would not only dash that hope
but also dampen the desire for self-help.
Moreover, "following" convicts even after their release could affect the lives
of their family members who have nothing to do with their criminal cases. This
is another reason why the system must be operated with utmost caution.
Beyond that, the question of which convicts should be covered must be
addressed. The diversity of sex crimes, ranging from light offenses (groping,
stealing underwear) to serious offenses (rape, indecent assault, child
prostitution), makes it difficult to draw a clear-cut line.
Other difficult questions remain. Should the system apply only to released
convicts? And should they include convicts on probation? What about minors? The
inclusion of juvenile offenders as well as adults convicted of minor offenses
could end up causing more harm than good.
In some countries, including the United States, authorities are required by law
to register the names and addresses of sex offenders and publish these records
for the benefit of local residents. This system, however, has been criticized
for violating privacy, so its effectiveness is held in doubt. Japan ought to be
careful about introducing it.
The NPA is considering a system that would enable police to keep track of
released convicts' addresses on a long-term basis. But continuous tracking
raises the possibility that it might create a new police system for monitoring
residents' activities.
There are other effective ways to prevent a relapse -- such as counseling and
education. These programs need to be improved with more active participation of
the specialists in these fields. The task for justice and police authorities is
to establish the kind of system that can reduce the social anxiety over the
rising incidence of sex crime against children, particularly for parents of
young girls.
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