A register of sex offenders would seem to pose more problems than it would solve, according to the discussion document on sexual offences. The authors stress that the purpose of any such measure must be the protection of children. However, they point out that not all sex offenders abuse children, and among those who do not all are fixated paedophiles who prey on children outside the family.
They also pour cold water on the widely-held assumption that sex offenders are more likely to reoffend than other offenders. "Research done abroad shows that, if anything, sexual offenders are less recidivistic than non-sexual offenders," they say, quoting a recent analysis of 61 studies which found that the recidivism rate for sexual offences was 13.4 per cent.
This compared with 12.2 per cent for non-sexual crimes of violence and 36.3 per cent for other offences. Rapists were also more likely to reoffend than were child molesters.
The authors point out that the Garda Siochana already keeps records on people convicted of a criminal offence, and because Ireland, unlike many other countries, has a centralised police force, these records are centralised. To this extent they already have a "register" of sex offenders. The only question, therefore, is to what extent it should be kept separate from other records.
If there is a specific register of sex offenders, they ask whether all sex offenders should be placed on it, or whether it should be restricted to those who committed sex crimes against children. Such a register would not distinguish between those who posed a high risk of reoffending, and those who posed little or no risk, they say.
They also ask whether all those who commit sex offences against people under the age of consent should be on it. This would mean that a teenage boy who had consensual sex with his 15-year-old girlfriend would be included, alongside an adult who was a confirmed paedophile and had committed a number of offences against young children.
They ask whether there should be a lower age limit for those placed on the register to exclude, for example, the teenage boy. But some teenagers who abuse young children might be exhibiting tendencies which could turn out to be seriously paedophile. On this and many similar issues they point out that "much clinical research remains to be done".