Lifetime Sex Offender Registration for Juveniles Unconstitutional
A recent Ohio Supreme Court decision has set a limitation on sentencing for juvenile sex offenders. The impetus for this decision was a case involving a 15-year-old boy from Ohio who was accused of sexually assaulting a six-year old relative. The sentence originally imposed on the young man would have required him to register as a sex offender for the rest of his life.
The Decision
The majority came to a 5-2 decision, concluding that the provisions for the young man were unconstitutional, violating his right to due process and qualifying as cruel and unusual punishment under the Eighth Amendment. This decision will set a statewide precedent on the subject, barring all individuals sentenced in juvenile court from having to register as a sex offender for life under Ohio's Adam Walsh Act.
The Court's Reasoning
The Supreme Court looked to the lower court's finding that the young man was not emotionally or psychologically mature enough to be transferred into the adult court. The juvenile court system is designed to account for the fact that juveniles are not yet fully developed and do not often appreciate all of the consequences of their actions. Therefore, the punishments in the juvenile system are more focused on rehabilitation and integration into the community. Imposing a lifelong sex offender registration requirement would be contrary to these objectives.
The court's decision highlighted a nationwide consensus that lifelong sex offender registration for juveniles is not well accepted. Ohio was the first state to adopt the registration procedures, and a large majority of states have flat out refused to adopt such laws. Even in states that have adopted these laws, most make registration only optional.
Juveniles Are Not Alone
Young people accused of crimes face unique challenges when going through the juvenile court system. They may be very susceptible to the pressures and powers of the prosecution. Because of this, no juvenile should have to face a serious charge alone.
Juveniles and their parents should reach out to an experienced criminal defense attorney in order to protect their rights and integrity when faced with such difficult challenges. A criminal defense attorney will be able to help guide them through the criminal justice system and provide them with the compassionate defense they are entitled to.