OHIO’S SEX OFFENDER RESIDENCY RESTRICTION LAW: DOES IT PROTECT THE HEALTH AND SAFETY OF THE STATE’S CHILDREN OR FALSELY MAKE PEOPLE BELIEVE SO?

2000:

INTRODUCTION“We express a desire for rehabilitation of the individual, while simultaneously we do everything to prevent it . . . . We tell him to return to the norm of behavior, yet we brand him as virtually unemployable; he is required to live with his normal activities severely restricted and we react with sickened wonder and disgust when he returns to a life of crime.1”

In recent years, society has become enraged by a small number of horrible crimes committed against children by convicted sex offenders.2 Victims’ advocacy groups and the media have perpetuated a negative image and fear of sex offenders through news reports and fictionalized entertainment.3 Residency restriction laws that limit where sex offenders may reside are just one method used to deal with the growing problem of sexual violence committed against children. Many state legislatures have passed these laws in an attempt to satisfy “a public demand to be stricter on sex offenders.”4

In response to fear and public outcry, well-intentioned legislators in eighteen states have enacted residency restrictions prohibiting sex offenders from residing within a certain distance from schools, bus-stops, child-care facilities, and in some instances, places where children are “likely to congregate.”5 Most citizens do not seem to be overly concerned with protecting the rights of sex offenders and feel that these laws are necessary to protect children. As one resident taking the “not in my ..more..

by MARGARET TROIA, I would like to dedicate this note to my family and friends who have helped me make it through the stressful days of law school. I have them to thank for my achievements and success. I would also like to thank the Parma Law Department for exposing me to this issue and for helping to develop this topic. Lastly, I would like to thank Professor Phyllis Crocker for dedicating her time, hard work, and expertise as my note advisor.