Irish Sex Offender Laws and the Right to Privacy
| Author | Lorraine Barron |
| Published date | 01 December 2011 |
| Date | 01 December 2011 |
| DOI | http://doi.org/10.1177/203228441100200408 |
440Intersentia
IRISH SEX OFFENDER LAWS
AND THE RIGHT TO PRIVACY
L B*
ABSTRACT
is article provides a general overview of sex oender laws in Ireland and their
compatibility with the European Convention on Human Rights, namely Article8, the
right to privacy. An analysis of public notication schemes such as Megan’s Law in the
US and Sarah’s Law in England and Wales provide a backdrop for a discussion on the
proposed introduction of such measures in Ireland. e competing interests of public
protection and oenders’ rights are also discussed in the context of punitive measures
such as incarceration and registration versus rehabilitation and reintegration.
Keywords: I reland; privacy; sex oenders
1. INTRODUCTION
ere is a strong public perception that sex oenders are “incorrigible” and
demonstrate a very high possibility of re-oending.1 Because of this, protecting the
safety of children and the public from convicted sex oenders who may re-oend
following their release from prison while also trying to protect the fundamental
human rights of the oender has long been a contentious issue in Ireland. As this
jurisdiction shares many legal traditions with the US and England and Wales, it is
logical to present an overview of the law relating to sex oenders and their human
rights in these ju risdictions before evaluating the Ir ish criminal justice system.
* PhD Candidate , Centre for Crimina l Justice, School of Law, Universit y of Limerick.
1 T. Fortney and others, “My ths and Facts about Sexua l Oenders: Implications for Treatment a nd
Public Policy”, Sex ual Oender Treatment 4, 20 07, 2(1).
Irish Sex Oend er Laws and the Right to P rivacy
New Journal of Eur opean Crimina l Law, Vol. 2, Issue 4, 2011 441
2. ORIGINS OF SEX OFFENDER REGISTRATION,
NOTIFICATION AND DISCLOSURE
Megan’s Law was introduced in 1996 in the United States and requi red every state to
create some procedure for notifying the public when convicted sex oenders are
released into the community (community notication).2 It has been contended that
these laws were passed by legislators in a spontaneous reaction to highly publicised
and sensationalised cases involving young children3, in an attempt to assuage the
public, without proper research into the pos sible repercussions such laws may have on
the privacy rights of the oender.4 e dissemination of information ranges from
state to state, from posting t he oender’s name, address and photo on the Inter net to
notifyi ng only those that live within t he vicinity of the oender.5 It is unclear whether
Megan’s Law has been a success however – ndings of some empirical st udies report
that it has not made a measurable dierence i n deterring sex oenders against future
crimes6 and that compliance with registration requirements actually decreased
because of the scheme7, while other studies found a signicant decline in recidivism
among ‘high-risk ’ sex oenders8 and that notication made families “more likely to
take steps to protect themselve s”.9 However, it has been largely contended that, because
these laws are only aimed at convicted sex oenders, and also because most sex
oenders are actual ly known to the victim a nd oen occur in a familia l setting10, they
may be ineective as they on ly target a “very limited pool of oender typ es”.11
2 Which amended the Jacob Wetterling Crimes Against Children and Sexually Violent Oender
Registrat ion Act 1994 (US).
3 Jacob Wetterling was abducted in 1989 and has never been found; Megan Ka nka was raped and
murdered by a convicte d child molester who lived i n her neighbourhood.
4 R. Freeman-Longo, “Rev isiting Megan’s law and Sex O ender Registrat ion: Prevention or Problem”
in J. Hodgson and D. Kel ley (eds), Sexual violence: Policie s, Practices and Challe nges in the United
States and Cana da, Praeger Publish ers, 2002, 6.
5 In California, more than 63,000 sex oenders’ names and addresses are listed on the California
Department of Ju stice’s website. A map of the state al lows the public to select any are a and see the
complete list of regi strants in that a rea. See <ww w.meganslaw.ca.gov/search_ main.aspx?search By=
county&county =imperial&lang=E NGLISH>, accessed 10December 2011.
6 K. Zgoba and others, ‘Mega n’s Law: Assessing the Pr actical and Monet ary Ecacy’ D ecember 2008
<www.ncjrs. gov/pdles1/nij/grants/225370.pdf>, acce ssed 17/12/11.
7 J. Dillon and L. Jur y, “Sarah’s Law Unworkable Say Paedoph ile Experts”, e Independent 6August
2000.
8 G. Duwe and W. Donnay, “e Impact of Megan’s Law on Sex Oe nder Recidivism: e M innesota
Experience” (20 08) 46(2) Criminology 411.
9 D. Finkelhor, “e Prevention of Ch ildhood Sexua l Abuse”, 19(2) e Future of Children, 200 9, 169.
10Oce of the Attor ney General, State of C alifornia, D epartment of Justic e <www.megans law.ca.gov/
facts.htm >, accesse d 8December 2011; Home Oce UK, ‘Child Sex O ender Disclosure Scheme’
<www.homeoce.gov.uk/crime/child-sex-oender-disclosure/>, accessed 8December 2011; ‘Most
sex oenders know n to victims’ Iri sh Times (23November 2011).
11R. Lincoln a nd C. Ronken, “Civil L iberties and sex oende r Notication Laws”, e National L egal
Eagle 7, 2001, 7(2).
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