One size does not fit all

New laws veer from rehabilitation and treat juvenile sex offenders the same as adults

Tuesday, Jan. 8, 2008 | 2 a.m.

In trying to comply with federal law, the Nevada Legislature passed bills last year to toughen the punishment of sexual offenders. But, in doing so, the laws treat juvenile offenders the same as adults.

As reported by Abigail Goldman in Sunday’s Las Vegas Sun, a 14-year-old boy found guilty of molesting a 13-year-old will be treated the same as a 50-year-old teacher who preys on schoolchildren.

Juvenile sexual offenders will be required to register as sex offenders, some for the rest of their lives, and all will be required to give a DNA sample. Unlike normal juvenile cases, their cases will be available for public review. They will have their names, photos and addresses posted on the Internet. That information may be distributed to neighbors. They may be banned from parks or movie theaters. The bills, which were signed by Gov. Jim Gibbons, go into effect this summer.

Furthermore, the laws are retroactive. Anyone who was at least 14 and convicted of a sexual offense against a juvenile since July 1, 1956, will be subject to the laws.

The juvenile court system has tried to handle cases with treatment and counseling to rehabilitate the offender. The new laws create a one-size-fits-all system, viewing juvenile offenders the same as hard-core adult criminals.

The new laws fail to realize that juvenile sexual offenses may be due to a variety of factors including mental disability, low IQ or acting out of a history of being abused.

Judges should have the discretion to determine what the best course of action is in each juvenile case, whether to treat the offender as an adult or as a juvenile. The Clark County Public Defender’s Office is suing to have the laws overturned. If the courts don’t do so, the Legislature should change the laws so juveniles are not automatically treated as adults.

There is no doubt the laws should strongly punish sexual offenders, but they should not automatically judge juvenile offenders the same as adults. Our society should be looking for ways to first rehabilitate juvenile offenders, rather than yoking them with their crime for life.