Retroactive Sex Offender Registration Affects Connecticut Convicts

 Posted on November 30, 2023 in Alternative Dispute Resolution

While all criminal charges are serious, there are some offenses that are prosecuted harshly, and they can result in consequences that will affect a person for the rest of their life. Sex crimes are taken especially seriously by the criminal justice system. A conviction for sexual assault or other related crimes in Connecticut will typically require a person to register as a sex offender for either 10 years or life. People who are accused of sex crimes can work with an attorney to determine their options for defending against a conviction and avoiding the stigma of being a registered sex offender.

Sex offender registration can limit the opportunities available to a person, including the types of jobs they may be able to secure and the places where they can live. Their name, picture, and identifying information will be publicly available, affecting their reputation in the community and their relationships with friends and family. This can cause a great deal of difficulty for a person. Unfortunately, some people who had been convicted of sex offenses before the registry was put in place were retroactively added to the registry, and they are continuing to struggle with the effects of sex offender registration.

Sex Offender Registration Under Connecticut Law

People who are convicted of sexual offenses in Connecticut, as well as those who are found not guilty due to insanity or other mental health issues, are required to register as sex offenders after serving their sentences and being released. Registration is required within three days after a person’s release. People convicted of nonviolent sexual offenses such as fourth-degree sexual assault or voyeurism must register for 10 years. People who have been convicted of sexually violent offenses such as first-, second-, or third-degree sexual assault will remain on the registry for life.

Connecticut’s sex offender registration law was passed in 1998, and under this law, people convicted of nonviolent sexual offenses after October 1, 1998 were required to register. However, the law made sex offender registration retroactive for people convicted of sexually violent offenses prior to October 1, 1998

How Retroactive Registration Requirements Have Affected People Convicted of Sex Crimes

Following the passage of Connecticut’s sex offender registration law, many people who had previously been convicted of sexual offenses were placed in a difficult position. In some cases, these convicts had accepted plea bargains and served prison sentences, hoping that they could move forward with their lives after paying their debt to society. At the time they entered pleas or were convicted, they were unaware that they could be required to register as sex offenders. After being forced to register as sex offenders, they have faced difficulties that have affected many aspects of their lives.

Retroactively applying penalties that did not exist at the time a person was convicted would seem to violate people’s Constitutional rights. However, the Connecticut Supreme Court has ruled that the sex offender registry is not intended to serve as punishment. Instead, its purpose is to inform the public about potential risks while discouraging offenders from committing subsequent crimes

Even if sex offender registration is not intended to be a punishment, it is likely to have that effect on people who are required to register, since they will face numerous restrictions and have limited opportunities. Criminal justice advocates have pointed out that studies show that sex offender registries have not had any effect on deterring people from committing subsequent offenses. In addition, those who go at least 15 years without re-offending are much less likely to commit sexual offenses in the future.

To address this issue, Connecticut lawmakers have attempted to pass a law that will provide a reprieve for people who had been retroactively added to the sex offender registry. However, this law failed to pass due to concerns by victims’ advocates about removing people from the registry without reviewing each individual case. It remains to be seen whether another version of the law may pass in the future that will address these concerns and allow people who served their sentences decades in the past to move forward with their lives.

Contact Our Connecticut Sex Crimes Defense Lawyer

At Woolf Law Firm, LLC, we provide criminal defense services to people who have been accused of sex crimes or other offenses. We work to ensure that our clients can take steps to prevent convictions for offenses that would require sex offender registration. To learn how our Hartford sex crimes defense attorney can help with your case, contact us at 860-290-8690 and schedule a complimentary consultation.