From Rage to Reason: Why We Need Sex Crime Laws Based on Facts, Not Fear (Bloomsbury, 2023), by Emily Horowitz
In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex-offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable.
From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems.
Reviews
“This may be the bravest book you have ever read. Horowitz’s meticulous interviews with people on sex offender registries returns a modicum of humanity not just to them but, more importantly, to the rest of us. As she aptly describes, registries are utterly useless for preventing new sex crimes. All they do is sentence to social and civil death people who have already served their time of punishment and labored to repent. We can ill afford to deny rights and humanity to anyone in our culture. To do so cuts us all at an Achilles heel that very few are willing to acknowledge. Horowitz won’t let us look away.” ―Debbie Nathan, Prize-winning Journalist, Author of Sybil Exposed: The Extraordinary Story Behind the Famous Multiple Personality Case and Satan’s Silence: Ritual Abuse and The Making Of A Modern American Witch Hunt
“The compelling stories Horowitz tells in From Rage to Reason bring home, more powerfully than could any statistical analysis, the systematic and gratuitous harms generated by America’s unique program of government-sponsored shunning of people who have already been fully punished for a sexual offense. Her stories show how the senseless barriers registry laws erect to gainful employment, adequate housing, and normal parenting often destroy the registrants’ families along with their futures, while contributing nothing to public safety. These are stories we need to hear.” ―Ira Mark Ellman, Distinguished Affiliated Scholar, Center for the Study of Law and Society, University of California, Berkeley
“From Rage to Reason offers an unvarnished look at the crippling realities of life on the sex offense registry. Crafted from over 100 in-depth interviews, From Rage to Reason is storytelling at its best, vividly portraying the needless abuse and punishment directed at those society deems to be ‘others.’ ” ―Catherine L. Carpenter, Arleigh M. Woods and William T. Woods Chair, Southwestern Law School and President, Alliance for Constitutional Sex Offense Laws
I’m thinking Horowitz could be useful in the context of FTR defense. However staking the grounds to get her testimony in front of a jury would require germane* relevance to at least one the culpability questions.
“Was a person who was required to register with the WI DOCSOR.” This is Q1. Given the pre act offender can produce the State’s own record from the qualifying offense containing no such requirement, exculpatory evidence exists for the jury. In fact this defense is available to every FTR defense where added obligations came after sentencing with or without the presence of a standard waiver. If state does have in it’s possession a signed standard waiver of civil rights in the qualifying case (See Rule 11 Fed. Pleas) the FTR prosecutors have a great advantage of dismissing the necessity of expertise of a witness like Horowitz and for obvious reasons. Acknowledgment of guilt in the record being foremost in FTR context. If States have neither a signed standard waiver in the qualifying case, nor a factual record of the registration ( or bracelet) obligation in the record; the defense is greatly advantaged for obvious reasons as to Q1. Where States cannot prove absolutely a defendants obligation automatically by waiver AND in civil cause is in question in FTR context Horowitz is testimony possibly becomes relevant, primarily because no process were or undertaken place at all for the prefect offender. This necessarily raises the collateral question. If there is no record for the jury to ponder; how did the defendant ” lawfully” land on the registry in the first place. Usually its via the courts…right! That’s why AND where there is an affirmative record as evidence of all obligations in transcripts. ( available in the court clerks office.) The Supreme Court itself mentioned this divergent fact in Connecticut DPS V Doe decision when it mentioned the ” substantive 14th claim” and Connecticut law. That court understood the downstream implications of permitting Congressional use of retrospective language upon crime in Failure To Register context. They understood such situated individuals would haves state’s strategic flank, leaving an obvious vulnerability. A flank in which makes former government actors uniquely vulnerable to sublime suppositions for having waived defendants civil rights for him. A flank where Horowitz’s ” reasonable” testimony becomes relevant to defense in FTR.
I don’t get what they’re doing? They need to have their laws go fight to have most extremes laws repealed.
What a remarkable book! Dr. Horowitz has published a groundbreaking achievement with this work, and I would highly recommend it to all that want to understand contemporary post-conviction sex offense laws and their true impact on those forced to register as sex offenders, their families and society at large.
I first stumbled onto Dr. Horowitz’s first book “Protecting our Kids? How Sex Offender Laws are Failing Us” and was shocked with the volume of information that I thought I knew but didn’t. As a technical person, I loved all the data and the deep analytical investigation as that was all very compelling. I still recommend that book to this day. That being said, not everyone enjoys having facts presented with statistical enumeration and normal curves. Also, much has evolved within this topic in the seven years that has passed.
This new book is written in a completely different style and includes dozens of first persons narratives. Real people, none perfect, but all with pertinent and valid stories to tell. What really starts to come into focus is the degree of cruelty and hubris that modern society projects onto those they perceive as irredeemable. This castigation is nothing short of alarming when viewed through the eyes of those making the narrative. Note that all the salient points and irrefutable facts are still there from her previous book, but presented in a completely different manner that should be more appealing to a broader audience.
While reading this book, I was very much reminded of the significant portion of our population that are in opposition to the facts regarding climate change. It’s not so much that the deniers present their own compelling evidence, or any evidence at all, but rather they just don’t want to believe what the scientific community has clearly established due to religious beliefs, political association or regional tribalism. Their cathartic opinions rely mostly on ignoring facts and expertise along with a smattering of small, unsubstantiated theories often found on social media.
This unfortunate ability to either ignore evidence or be completely ignorant of the facts comprise the underpinnings for all the devastating and counterproductive laws being promulgated today against those convicted of a sex offense. There are no compelling facts supporting their opinions whatsoever; they just don’t know that.
My final take away is that this book, at it’s heart, really exposes the fact that nearly all the information that is presented to the public regarding sex offenses, those convicted of sex crimes and the subsequent sex offender registration is FALSE. Unlike climate change, there are simply no sources that an average citizen is exposed to that has countering views and presents evidence and logical arguments about these topics; none. Hopefully, this book can be a renewed starting point for this conversation in the years to come.