--- Identity ---
You are, who you are, who you are, so one would think. Sex offenders are treated differently than the rest of society, in the area of "identity."
IDENTITY Under sex offender registration:
In most all states, registered sex offenders are all treated as though they are all the same person. Because of registration ignoring that each sex offender is an individual, every registered sex offender suffers the same denials, discriminations, the same hatred, etc. from society.
Only in states that have tiered registries, are some sex offenders treated differently. Yes, some states have "predatory labels" which set those folks apart even more, but not all states have such classifications.
Often sex offenders are not aware of how they are being affected by virtue of registration because society simply shuns them, and does not permit them to take part in a normal society. Sex offender families see more of this, and often it is very openly expressed, even to the children of sex offenders.
IDENTITY: Legal status in the community:
STATUS: (Definition) Standing; state or condition; social position. The legal relation of individual to rest of community. The rights, duties, capacities and incapacities which determine a person to a given class. A legal personal relationship, not temporary in nature nor terminable at the mere will of the parties, with which third persons and the state are concerned. While the term implies relation it is not a mere relation. (Black's Law Dictionary, 6th edition).
Clearly the state is involved with every sex offender, by virtue of the state enacting sex offender registration requiring sex offenders to register with the state. Sex offender's legal status is first affected by the "stigma" that attaches to them by virtue of registration being constantly placed into the public eye.
It is not by virtue of the conviction that the stigma attaches, for there are many other felons, and even some sex offenders who are not required to register, that have convictions and no stigma attaches to them like to registered sex offenders.
Further, states have enacted other laws governing sex offenders, i.e., residency laws, background checks preventing employment in certain industries, housing laws preventing sex offenders from obtaining public housing, and also the registry affects where a sex offender may or may not obtain an apartment lease.
There is no doubt that the legal status of the sex offender in the community is affected by virtue of the scheme of registration.
IDENTITY Theft:
Recently it was brought to our attention that, the laws governing Sex Offender Registration & Community Notification have again been changing, becoming more intrusive and onerous, however, some states seem to be permitting Internet Disclosure of Protected Personal Information. i.e. Social security numbers, driver's license numbers, and dates of birth. Here is a article about Identity Theft with some good advise.
In e-mail from registered folks or family members, who have indicated that someone else has used their identity; Identity Theft. Further, given they DO NOT remember ever, giving it to anyone not authorized to have it, they felt somehow it resulted from "Sex Offender Registration."
*** State Disclosure of Registrant's Personal Information ***
i.e., social security number, driver's license number, dates of birth, image or photo.
Apparently some states, under the sex offender registry laws, are disclosing federally protected personal information of registrants in complete disregard for the registrants' federally protected rights. NOTE: These are not "Sex Offender Rights" instead these are rights granted to everyone!
NOTE: If a state is using your personal information in a way that violates your federal law protections, or even if you feel they are, there are a few things you can do:
1) Before you sign any form given you by the state, specifically ask them how they will be using the information you are providing (namely, your social security number, driver's license number, or personal image or photograph which all have varying protections under federal law); in addition, ask if there is a way you can prevent the disclosure of your personal information;
2) Ask them to provide you with a copy of the law, STATE and FEDERAL, that permits them to disclose you personal information (there is no requirement for them to do this, so try at least get the law numbers written down);
3) Ask them if, either the STATE or FEDERAL Law, requires your EXPRESS WRITTEN PERMISSION before disclosing your personal information (read the fine print on the form you are asked to sign, it may say, by signing this form you give us (Dep't/Bureau name) your express written permission to use this information as we see fit, or as law permits);
4) If your questions haven't been answered to your satisfaction, consider the following: In a polite manner, Directly on the form they are asking you to sign (find a place near the signature line), write that I DO NOT PERMIT DISCLOSURE OF MY PERSONAL INFORMATION TO ANYONE IN ANY FASHION, then and only then, sign the form and get a copy of the form;
Politely explain that, if they disclose your personal information you could become a victim of identity theft, and law does permit you to assert your rights, especially to prevent you becoming a victim of a crime. Remember, it could take years to fix the results of an identity theft problem.
Then take all documents to a lawyer and ask them to review BOTH STATE and FEDERAL LAW. Remind the lawyer of these federal laws, the Privacy Act of 1974, which protects personal information gathered under a "system of records" (includes state motor vehicle records), further that, Title 18 USC 2721, and, Title 18 USC 1028, make it a crime to disclose or use personal information, without the express written permission of the owner of the personal information. There are some exceptions in those laws, and thats what the lawyer needs to review to see, if in your case and circumstances, if your federally protected rights have been violated.
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While it is impossible to prove that, the person/s who are using the registrants identity, got the information from some disclosure related to being registered, the question arises, what can be done about it? Obviously it needs to be reported so authorities can investigate. Here is the Federal Trade Commission web site, on Identity Theft, and has an ID Theft Affidavit that can be used to report to your creditors and credit reporting companies. Follow the guidelines they suggest, and remember, when you mail the affidavit, make certain you use registered mail so that you have proof of when you reported it to your creditors. That proof may be needed when it comes to deciding where your liability begins. Those laws are very complicated, so document, document, document everything you do!
Another subtle denial of sex offenders' rights resulting from registration, and other offenders' rights (similarly situated) who are not subject to registration and community notification, are not so affected!
Copyright ©2003 LAMP.
"There are a thousand hacking at the branches of evil to one striking at the root."
- Henry David Thoreau -
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