Residence Restrictions for Child Sex Offenders in the US
Public Opinion Generally Supports the Law's Intent
Concerns Raised Over Human Rights Violations and Effectiveness Doubts
[Asia Economy Reporter Kang Juhee] The government is introducing the so-called "Korean-style Jessica Law," which restricts the residence of released sex offenders. The main point is to prevent high-risk sex offenders from living within 500 meters of facilities for the education and care of minors. While public opinion generally agrees with the purpose of the law, some voices raise doubts about its effectiveness.
On the 26th, Minister of Justice Han Dong-hoon announced that the Korean-style Jessica Law would be introduced as one of the five key initiatives of the Ministry of Justice in 2023. The Jessica Law is a residential restriction measure for child sex offenders currently implemented in the United States.
It was named after a victim of a child sexual assault and murder case that occurred in Florida in 2005. It is enforced in more than 30 states in the U.S., restricting sex offenders from living within 2,000 feet (approximately 610 meters) of schools and parks.
Minister of Justice Han Dong-hoon is speaking at the briefing room of the Government Seoul Office Building on the afternoon of December 27 last year. [Image source=Yonhap News]
The Ministry of Justice plans to adapt the U.S. law to fit South Korea. The core is to prohibit high-risk sex offenders, who have a high risk of reoffending, from living within 500 meters of educational facilities for minors such as elementary, middle, and high schools, daycare centers, and kindergartens upon their release. There have been strong objections from local residents regarding the residences of high-risk sex offenders like Jo Doo-soon and Park Byung-hwa upon their release, and this measure aims to resolve such issues.
Given the high anxiety about recidivism among sex offenders, public opinion generally sympathizes with the purpose of the law. However, although the law is to be adapted to fit Korea's environment and reality, there are voices questioning its effectiveness.
Attorney Lee Eun said, "I agree with the purpose of the law," but pointed out, "Given the structure of Korean society, public transportation is very well developed. Restricting 500 meters cannot practically prevent sex offenders from approaching children." She added, "For crime prevention to be effective, two issues must be addressed: probation and protective custody of offenders."
There are also concerns that excessively restricting the basic rights of sex offenders could be unconstitutional. Professor Jang Young-soo of Korea University Law School said, "Depending on which sex offenders and what criteria are applied, constitutional controversies could increase." However, Professor Jang explained, "The purpose of introducing the law is the risk of reoffending. While the human rights of sex offenders are important, the human rights of minors who could be victims are also important. If the risk of reoffending is high, basic rights may be restricted according to the degree of risk."
Some worry that this could result in sex offenders being forced to live only in specific areas outside of Seoul. This is because in densely populated areas like Seoul and the metropolitan area, there are virtually no places where sex offenders can reside after release.
Regarding these concerns, Minister Han responded, "We set 500 meters as the maximum distance, and within that 500 meters, the court will decide the specific distance considering the characteristics of each case," adding, "Since this process allows for various adjustments, concerns can be minimized."
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