Legal experts, criminologists warn of dangers of child sex offender register

A pledge to have a register of child sex offenders comes with a warning of just what it could really mean.

A public register of photographs, names and locations of convicted child sex offenders, proposed by the LNP, has come under sharp criticism with criminologists and legal experts claiming it could lead to vigilantism.

Opposition Leader David Crisafulli has vowed to introduce the register if the party wins next month’s election.

Named Daniel’s Law, in honour of murdered Sunshine Coast schoolboy Daniel Morcombe, the policy is intended to empower families with information needed to keep their children safe.

Bruce and Denise Morcombe, whose son Daniel was murdered.

However, this proposed measure has been met with scepticism from prominent figures in criminal law and child protection.

Criminal expert and lawyer Bill Potts said the public register had the potential to create a false sense of security and lead to vigilantism and harassment of those listed regardless of their current risk level.

He said ultimately a register would not address the causes of child sexual abuse and the real solution was better-targeted policing and effective use of existing laws.

Criminal law expert Bill Potts said a register could offer a superficial solution. Picture: Townsville Bulletin

“Registers can offer a superficial solution, giving the appearance of action without addressing the root causes of offending,” he said.

“I always support evidence-based laws. While I believe a register could assist police in their investigations, I am concerned that public registers can lead to vigilantism and fear, rather than addressing the core problems associated with sex offending.

“In an election year, both sides of politics often resort to ‘law and order’ promises that may turn out to be slogans rather than effective policies,” he said.

Griffith University Associate Professor of Criminology Danielle Harris agreed, claiming her research showed public registers had failed to address how offenders groomed and exploited children in their trusted circles.

Harris advocates for a focus on improving education and awareness about predatory behaviour, rather than relying on a public registry.

“We have almost 30 years of experience from the US to draw on when it comes to a public sex offender register, and it hasn’t done anything to make anybody safer from child sexual abuse,” Dr Harris said.

“The reality is that most of these offences occur within the home or in a child’s circle of trust.

“We need to focus on identifying and addressing these risks internally rather than looking outward.”

Griffith University Associate Professor of Criminology Danielle Harris.

Child protection advocate Hetty Johnston.

In contrast, child protection advocate and director of Children Australia Hetty Johnston said she supported the plan, including an “Amber Alert” system along with a framework for checking people’s credentials.

“There is little value in creating an open, publicly accessible database of known offenders, including their photos and addresses – and Megan’s Law in the US has already proved that,” she said.

“But this is very different and includes Sarah’s Law from the UK. I definitely support a system similar to the Amber Alerts for offenders who go missing or fail to report in with police because I believe that would help address risks with unreported offenders.

“I also support allowing people concerned about their children’s safety to check if new acquaintances have a history of child sex offending.

“There are many single mums who meet men and want to bring them into their homes but want to be sure about the man’s history.

“The ability to verify someone’s safety background is crucial for protecting children from potential harm, especially given that predators often target single mums.

“A public register might provide information about known offenders, but it would not account for the vast majority of predators who operate within trusted family circles and in every suburb across the nation,” she said.

Daniel Morcombe’s father Bruce had earlier backed the LNP plan, saying it was “frustrating” a public register of child sex offenders hadn’t been implemented in the last decade.

“It’s just peculiar that at a federal level, and state by state and territories, that there’s been issues that have blocked it,” he said.

“Let’s not forget that over 20 years ago, our son Daniel was murdered, abducted by a twice-convicted paedophile, so that person was under the radar,” he said.