Reply To: Federal judiciary finally sees light: Restrictions are punishment


American judicial system has established very strict law enforcement and punishment for the people to safeguard general population. As a result millions of americans face jail time for crime that are forgiven and tolerated in other parts of the world. Among all serious crimes sex offenders punishments are highly disproportionate to the harm caused to the victim. As society advances from sexual taboos of yesteryears, harm caused by non-violent sex offenses continues to have less impact on the victim. However punishment code for sex offenses continues to move to the opposite direction. Attacking a person with knife causing serious injury is punished with one year prison term. Touching private parts even without force can be punished by 14 years of prison term.

Punishment is grossly disproportional to the crime. In most cases the offender is a male and victim is a female. As woman are becoming more independent of sexual purity is no longer perceived as highly as it was few decades ago. Most girls know a lot about sex through internet and other means as soon as they have their puberty. Sexual contact is not as dreaded as it used to be. A sexual experience during teenage years is very common. An affair outside of marriage has become non-consequential for a woman’s character. Woman are no longer tarnished by society for experiencing sexual assault.

Technology has made sexual experience beyond traditionally accepted norms possible and acceptable. Schools have started giving condoms to middle school kids. There are so many changes to the sexual experience in peoples lives that would eventually make lot of sexual contacts a tolerable unpleasant experience, instead of lifelong stigmatizing memory.

Considering all these advancement in sex in our life, punishment for sex offenses should be moderated. Instead of spending resources by imprisoning millions of people for sex offenses, resources can be used to educate people against sex crimes. We have started educating children to report sex crimes. We should also educate young and adult not to commit these crimes.

Prostitution is a crime in most part of the country. Prostitution is similar to drugs. People have practiced both of them for centuries and considered them as criminal business. As society advances we should consider regulating them instead of trying to stop them. Some people in some circumstance do need prostitution as they would need drugs. We have realized that marijuana should be made legal. We should also realize that erotic services should be made legal and regulated. When erotic services is made legal lot of sex related crimes will be gone. A couple with non-compatible sexual desires can seek their pleasure outside without breaking the family and destroying kids future. It is like people with chronic pain finds help from marijuana. When erotic services are made legal we will not see pimp with guns peddling prostitution. Government can establish zoning, tax codes and policing to protect such business from crime and violence.

Sex offenders are required to register and the information is available to the public. That is a form of punishment equivalent of untouchable lower castes in India. Sex offenders cannot find a place to rent. They are turned off from jobs. It is almost identical to lower caste people in India in previous centuries. Lower caste people could not find a job even if they are qualified. They could only get socially undignified jobs. We see that most sex offenders can do jobs like truck driver or other form of hard labor that are undesired by general population. Sex offenders are life long untouchable outcaste in modern american society.